ASEAN HEADLINE-ASIA GEOPOLITICS | WEST PHILIPPINE SEA (WPS): Countries call for compliance with arbitral ruling on South China Sea

MANILA, Philippines — On the eighth anniversary of a landmark arbitral court decision that invalidated China’s massive sea claims, the 27-member European Union (EU), the United States, Australia and Japan called on Beijing to abide by the ruling.

The EU statement, which described the arbitral ruling as “legally binding,” drew a rebuke from Beijing, which has refused to recognize the arbitration process and outcome.

In a statement, US Secretary of State Antony Blinken said the 2016 ruling by the Permanent Court of Arbitration in The Hague proved that China’s claims in the South China Sea were inconsistent with international law. The ruling also reaffirmed the Philippines’ maritime entitlements.

“In its ruling, the Tribunal firmly rejected any PRC (People’s Republic of China) territorial or maritime claim to areas determined by the Tribunal to be part of the Philippines’ exclusive economic zone and continental shelf. As provided under the Convention, the 2016 arbitral decision is final and legally binding on the PRC and the Philippines,” he said.

Blinken noted that over the past year, China’s use of water cannons, dangerous maneuvers and destructive tactics – including ramming, forcible towing and boarding that resulted in damage to Philippine
vessels and injury to Philippine service members – has routinely interfered with the lawful exercise of high seas freedoms in areas where China has no lawful territorial or maritime claims.

“The PRC’s actions reflect a blatant disregard for international law as well as the safety and livelihoods of Filipinos,” he said.

“The United States remains deeply concerned about the PRC’s assertion of ‘territorial sovereignty’ over vast areas that are clearly within the maritime jurisdiction of Vietnam, the Philippines, Malaysia and Brunei, and where high seas freedoms of navigation and overflight apply under international law,” his statement read.

“Upholding the international law of the sea, as reflected in the 1982 Law of the Sea Convention, is in the interest of the entire international community and remains vital to the peace, security and prosperity of all nations,” Blinken said.

He declared that the US will continue to call on China “to cease its dangerous and destabilizing conduct, and to comport its conduct as well as its territorial and maritime claims in the South China Sea to the international law of the sea as reflected in the Convention.”

At a conference on the arbitral award, US Ambassador MaryKay Carlson reiterated her country’s security commitment to the Philippines now “on overdrive.”

“The United States is proud to stand with the Philippines as we work together to bolster our 73-year-old alliance. Described as ‘ironclad’ and ‘on hyperdrive,’ our alliance grows stronger by the day through 500 joint exercises and other engagements every year,” she said in a speech.

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‘Chorus of nations’

Carlson said the US also takes pride in being among the many countries that have been demanding that China cease its aggressive actions in the West Philippine Sea.

“We are proud to be among the chorus of nations that have consistently lent their voices to calling out incidents of aggression. The volume of condemnation from the international community is loud and getting louder, and it speaks to our common resolve in support of the international rules and norms that benefit us all,” she said.

She said the US has expanded support for the Philippines and for a free and open Indo-Pacific, citing multilateral maritime cooperative activities with other countries like Japan, Australia, Canada and France.

“Sailing together sends a clear message: that we are all committed to upholding freedom of navigation and overflight in accordance with international law. We are also encouraged by the opportunities enabled by the reciprocal access agreement announced this week between Japan and the Philippines,” she added.

“The Philippines has the right to fully leverage its resources on land and at sea in pursuit of economic growth. With the 2016 Arbitral ruling, the Philippines secured a final and legally binding decision that validates the country’s sovereign rights and jurisdiction over its exclusive economic zone and continental shelf, including around Second Thomas Shoal,” Carlson said, referring to Ayungin Shoal by its international name.

The European Union has also joined calls for all parties to respect and honor the 2016 Arbitral Award.

“Dispute settlement mechanisms provided under UNCLOS contribute to the maintenance and furthering of the international legal order based on the rule of law,” the EU said in a statement.

“The EU views the 2016 Arbitral Award as legally binding upon the parties to the proceedings, including the important finding that the Second Thomas Shoal is within the exclusive economic zone and continental shelf of the Philippines,” it said.

“It is also essential for maintaining, strengthening and deepening peace and security, while ensuring safe, free and open sea supply routes worldwide,” the statement added.

The EU also reiterated its support for efforts by ASEAN and China to finalize negotiations on an “effective and substantive” Code of Conduct in the South China Sea.

China issued a rebuke of the EU statement, saying the bloc “blatantly” endorsed what it called the Philippines’ violation of its sovereignty.

Lin Jian, a foreign ministry spokesperson, told reporters at a regular press conference in Beijing that the arbitration case was “essentially a political farce in legal garb.”

“The Philippine side, at the expense of its relations with China, has actually fallen into a trap set by the US and Western countries … and become a tool for some countries to build a small circle of anti-China, China-suppressing states,” Lin said.

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Debt of gratitude

At the arbitral ruling conference in Manila, French Ambassador Marie Fontanel said France and the world owe the Philippines a debt of gratitude for the 2016 Arbitral Award.

She said the ruling “sent to the world a powerful message, for which we must thank the Philippines. It became a building block of a reaffirmed rules-based international order that we all benefit from.”

She lamented, however, that challenges remain despite the landmark arbitral award.

“Unfortunately, as the news regularly shows, we cannot take the prevalence of the rule of law for granted. It is being challenged in many ways, and it undermines our long-term, collective peace and prosperity,” she said.

“As increasing tensions become the new normal, the risk of uncontrolled escalation with regional or even global repercussions cannot be underestimated,” she maintained.

“France shares similar concerns with the Philippines when it comes to upholding its sovereign rights, for example in the area of illegal fishing,” she pointed out.

“This is why our commitment in the region is hardwired into our shared interests, as our own interests mostly overlap with our like-minded partners,” she said.

Japanese Ambassador Endo Kazuya also expressed hope that concerned parties would comply with the arbitral award.

In his speech at the conference on the arbitral award, Endo said Japan will continue working in coordination with ASEAN and other countries concerned to maintain and strengthen the maritime order based on the rule of law.

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Steadfast

In a statement, Australian Ambassador HK Yu said maritime claims in the South China Sea – or elsewhere in the world – must be consistent with UNCLOS.

“Australia is steadfast in its commitment to supporting the Philippines and other partners in Southeast Asia. Given our interest in upholding and protecting international law, we are deeply concerned when countries undertake activities that are provocative and destabilizing, or do not respect the rights and freedoms of others, or when they advance their claims by intimidation or coercion,” she said.

“We will continue to speak out against conduct that is unsafe, illegal, destabilizing or dangerous in the South China Sea and elsewhere,” she said.

Yu said the 2016 Arbitral Award underscores the fundamental importance of adherence to international law by all states and the UNCLOS provides a foundation for regional peace, stability and prosperity.

Yu, however, acknowledged that “contested territorial and maritime claims are causing tension, worsened by the militarization of disputed features and dangerous behavior at sea and in the air, which we have unfortunately continued to see this year. This is against the backdrop of illegal, unregulated and unreported fishing, barriers to harnessing marine resources and degradation of the natural environment.”