PH, 13 countries urge Beijing: Abide by 2016 South China Sea Arbitral award

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Australia, Canada, Estonia, Germany, Italy, Japan, Latvia, Lithuania, New Zealand, Romania, Slovenia, United Kingdom, and the US join the Philippines in asserting that the award is 'final, legally binding, and definitive'

MANILA, Philippines – The Philippines and 13 countries called on China to abide by the 2016 Arbitral Award, a decade since it was handed down and even as Beijing refuses to acknowledge its validity.

“We reaffirm that maritime disputes must be resolved peacefully and in accordance with UNCLOS.  We reaffirm that the Award rendered ten years ago by the Arbitral Tribunal is a significant milestone and is final, legally binding, and definitive between China and the Philippines with respect to the maritime entitlements and claims addressed by the Arbitral Tribunal,” said Manila alongside Australia, Canada, Estonia, Germany, Italy, Japan, Latvia, Lithuania, New Zealand, Romania, Slovenia, United Kingdom, and the United States of America in a joint statement released on Sunday, July 12.

They added: “”We reiterate our strong opposition to any destabilizing or unilateral actions including by force or coercion that threaten peace and stability in the region. We reaffirm our strong opposition to the use of coast guard, military, and maritime militia forces to harass, obstruct, or intimidate lawful operations by other States at sea or in the air, and in so doing endanger the safety of personnel and fishermen and seriously degrade regional peace and security

Ten years ago today, an Arbitral Tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS) handed down a ruling that largely favored the Philippines three years after it took the superpower China to arbitration.

The tribunal found that China’s supposed historical claim over almost all of the South China Sea had no basis, that its rapid island-building activities in those waters damaged the marine environment, and that since there were no islands within the Philippines’ exclusive economic zone (EEZ), the 200 nautical mile where Manila ought to enjoy sovereign rights was intact.

Ten years hence, China has refused to recognize and follow the award and insists on sweeping claims over the vast maritime spaces of the South China Sea. Its refusal to recognize the award has meant, especially for Philippine maritime agencies, harassment at the hands of the China Coast Guard and even its navy through dangerous manuevers, ramming, and improper use of water cannons at sea.

For Filipino fisherfolk who for centuries have relied on seas for their livelihood, it’s meant reduced access to fishing areas, including the China-controlled Scarborough Shoal and risk of harassment even in other flashpoints for tensions in an area Manila calls the West Philippine Sea.

“We urge the parties to abide by the 2016 Award and resolve disputes peacefully through dialogue and other lawful mechanisms in accordance with international law,” said the 14 countries.

China is a signatory to UNCLOS, although there is no way to force it to follow rulings and decision made under rules it has supposedly agreed to follow.

“We reaffirm that maritime disputes must be resolved peacefully and in accordance with UNCLOS.  We reaffirm that the Award rendered ten years ago by the Arbitral Tribunal is a significant milestone and is final, legally binding, and definitive between China and the Philippines with respect to the maritime entitlements and claims addressed by the Arbitral Tribunal,” said the 14 countries.

The 14 including nations that have consistently backed the Philippines in its push to uphold its rights and entitlements in the West Philippine Sea. Several more countries not in the joint statement have also recognized or expressly support the 2016 Arbitral Award.

The bulk of those who joined the joint statement are countries from the Americas or Europe. While the build of their territories are physically far from the region, many of them are reliant on global trade — up to a third of global trade passes through the South China Sea.

“We underscore the importance of upholding freedom of navigation and overflight, as well as other internationally lawful uses of the sea, as reflected in UNCLOS,” the 14 said in a joint statement.

Of the 14, only one — Japan — is in Asia. The award has been a sensitive issue in the region, particularly in Southeast Asia which the Philippines belongs to, partly because of bilateral ties with China. Yet at the same time, the award has been cited, in various degrees, in filings before multilateral institutions, for instance.

Manila itself has been trying to thread the needle in both trying to uphold its maritime rights and entitlements while trying to keep ties cordial with its superpower neighbor. But Beijing has not been shy in putting pressure on Manila — from aggressive actions at sea, suspected espionage and influence operations, to political pressure in the form of sanctions on sitting officials of threats of trade sanctions. – Rappler.com