Philippine ship on patrol mission at sea | Photo courtesy of Philippine Coast Guard
NEW YORK – July 12, 2016, marked a significant victory for the Philippines in its claim in South China in a case brought by the Philippines against the People’s Republic of China under the United Nations Convention on the Law of the Sea (UNCLOS).
After the case was filed on January 22, 2013, the Permanent Court of Arbitration took about three and a half years to decide on the maritime dispute. The 2016 arbitral decision is final and legally binding on the PRC and the Philippines, as the Convention provides.
Eight years since, China has still not recognized the ruling and continues to reject the tribunal’s verdict, engaging itself in acts detrimental to the Philippines and in violation of international law, which continued until last month.
The Department of Foreign Affairs (DFA) said the 2016 Hague-based Permanent Court of Arbitration ruling is “a testament to our unwavering commitment to the rule of law and the peaceful settlement of dispute.”
“Over the years, the Philippines has continued to demonstrate this commitment to peace even in the face of the unlawful actions which have caused serious incidents in the South China Sea,” the DFA said.
The tribunal found China’s claim to historic rights with the “nine-dash line” had no legal basis under UNCLOS. This line, which China used to demarcate its claims in the South China Sea, was deemed incompatible with UNCLOS.
It was determined that none of the maritime features in the Spratly Islands, including those occupied by China, could generate an exclusive economic zone (EEZ) or continental shelf. They were classified, the tribunal said, as rocks or low-tide elevations, which only generate a territorial sea of up to 12 nautical miles.
The tribunal also found that China’s land reclamation and construction activities had severely harmed the coral reef environment in the South China Sea. The tribunal concluded that China violated the Philippines’ sovereignty in its EEZ by interfering with fishing and petroleum exploration, constructing artificial islands, and failing to prevent Chinese fishermen from fishing in the zone.
The tribunal affirmed that both China and the Philippines have navigational rights and freedoms in the South China Sea, as provided for by UNCLOS.
These points were significant in clarifying maritime entitlements and the legal status of features in the South China Sea. However, China rejected the ruling and did not participate in the proceedings. According to the tribunal, China did not participate in the arbitration and dismissed the ruling, maintaining that the tribunal lacked jurisdiction.
Instead, China has escalated its aggression and harassment of Philippine troops, vessels, and fishermen. It has engaged in the use of “water cannons, dangerous maneuvers, and destructive tactics, including raming, forcibly 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 the Arbitration Tribunal determined the PRC has no lawful territorial or maritime claims,” the U.S. Department of State said in a statement.
“The PRC’s actions reflect a blatant disregard for international law as well as the safety and livelihoods of Filipinos,” it added.
The U.S. Department of State also reaffirmed its support for the Philippines: “… the United States remains deeply concerned about the PRC’s assertion of ‘territorial sovereignty’ over vast areas …” and called upon the “PRC to abide by the 2016 arbitral ruling 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.”
