by Marian Draganov
SOFIA, July 13 (Xinhua) -- The award issued on Tuesday by a tribunal handling the South China Sea arbitration case unilaterally initiated by the former Philippine government is a "legal nothing", a renowned Bulgarian law expert said on Wednesday.
The tribunal issued its final award on Tuesday, sweepingly siding with Manila's cunningly packaged claims. Among other conclusions it reached in the 479-page award in blatant disregard of historical facts and general international law, the five-member tribunal denied China's long-standing historical rights in the South China Sea. China has refused to participate in the proceedings, reiterating that the tribunal has no jurisdiction over the case.
Velko Valkanov, a professor of law, who had long been a member of the Bulgarian National Assembly and chairman of the Parliamentary Subcommittee on the drafting of the new Bulgarian Constitution, told Xinhua in an interview that the arbitral tribunal is a "very peculiar" institution.
"It can take legitimate decisions binding on the parties only if both parties agree to participate in this arbitration," Valkanov said, adding "If one of the two parties does not participate in, then the tribunal has no right even to hold sessions and take a decision, and its decision is null and void."
"This is the essential difference between the state court and the arbitral tribunal," he said.
"In this particular case with the Arbitral Tribunal's award on South China Sea, I think this whole procedure is a fallacy, an untruth, a lie with no effect. It is, as we lawyers say, a legal nothing. This act is null and void, because one of the parties in this dispute was not involved in it," the law expert stressed.
Valkanov said he had a serious consideration out of the case. He authored seven monographs on legal issues, such as "The Fundamental Rights of Citizens in the People's Republic of Bulgaria and Their Legal Protection", "The Legal Acts of the Council of Ministers" and "The Legal Status of the Member of Parliament."
"The lawyers (with the arbitration) have established something very interesting," Valkanov said. "The law has been created not only by the passing of laws. If one factual relation remains unchanged for a long time, over the time it becomes a legal relation," he added.
"The factual situation that now exists in the South China Sea, where China exercises de facto sovereignty over these islands, ultimately will have to be recognized by the world," the law expert said.
Valkanov, who is now Honorary Chairman of the Bulgarian Anti-Fascist Union and Chairman of the Bulgarian national council for peace, added that China seeks peaceful solution to this dispute, and "this is the right position."
"China is known for its patience. It can endure a year, two, a decade, a century. China did not give up its claims, and wins because of its persistence and perseverance. The time works for China," Valkanov said.
