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宣言依据其是否赋予当事国权利义务可以分为“条约性宣言”和“政策性宣言”。前者对宣言签署国具有法律拘束力,后者则对宣言签署国没有法律拘束力。《南海各方行为宣言》根据其内容的第四条和第六条之规定,赋予了签署国为或不为一定行为之自由和限制,即赋予当事国一定的权利义务,应当属于“条约性宣言”。基于《南海各方行为宣言》的条约属性和《联合国海洋法公约》第281条之规定,可以断定南海仲裁庭对中菲南海争端不具有管辖权。
The declaration can be divided into “Declaration of Declaration” and “Policy Declaration” according to whether it gives the rights and obligations of the parties concerned. The former is legally binding on signatories to the declaration, while the latter is not legally binding on signatories to the declaration. The Declaration on the Conduct of Parties in the South China Sea, in accordance with the provisions of Articles 4 and 6 of its contents, gives the signatories the freedom and restraint of whether or not certain acts of signatories give certain rights and obligations to the parties concerned and should belong to the “ Treaty declaration ”. Based on the treaty attributes of the Declaration on the Conduct of Parties in the South China Sea and Article 281 of the United Nations Convention on the Law of the Sea, it can be concluded that the arbitration tribunal of the South China Sea does not have jurisdiction over the dispute over the South China Sea issue between China and the Philippines.