The Philippines has called on China to comply with 2016 arbitral ruling that had ruled that China has no 'historic rights over the waters of the South China Sea'. The move comes as China continues its aggressive action to show its dominance in the region.
Philippines Foreign Secretary Teodoro Locsin Jr. said in a statement that compliance in good faith with the award would be consistent with the obligations of the Philippines and China under international law, including the United Nations Convention on the Law of the Sea (UNCLOS). Both China and the Philippines are signatories to the convention.
2016 Arbitral Ruling
• The Permanent Court of Arbitration in The Hague, Netherlands had ruled in 2016 that China has no 'historic rights' over the waters of the South China Sea. The ruling was issued on a dispute between the Philippines and China over maritime claims in the South China Sea.
• The court ruled saying that China has interfered with traditional Philippine fishing rights at Scarborough Shoal. According to the tribunal, China’s claim to rights of the waters of the South China Sea is contrary to the UN Convention on the Law of the Sea (UNCLOS). Only UNCLOS can determine which countries can claim economic exploitation rights, based on geographic features.
• Hence, in a unanimous decision on July 12, 2016, the tribunal rejected China’s maritime claims under the nine-dash line saying it has no basis in international law and sided squarely with the Philippines on almost all claims.
• Philippines Foreign Secretary Teodoro Locsin Jr termed the award as a milestone in the corpus of international law and added that it represents a victory, not just for the Philippines, but for the community of consistently law-abiding nations. He asserted that the award was non-negotiable and said that the Philippines reaffirms its adherence to the award and its enforcement without any possibility of compromise or change.
• China rejected the ruling, calling it "ill-founded" and claimed that the tribunal did not have the jurisdiction to decide on the matter. China also refused to accept the South China Sea arbitration award issued by the Permanent Court of Arbitration in Hague.
The Arbitral Tribunal was set up under the 1982 Law of the Sea Convention.
US rejects China’s claims on South China Sea, backs ASEAN |
The United States on July 13, 2020 officially dismissed China’s claims to offshore resources across the South China Sea and called it completely unlawful. The US Secretary of State Michael Pompeo issued a statement clarifying the US position on Maritime claims in the South China Sea, saying that China has no legal ground to impose its will on the region. The United States further announced that it is aligning the US position on the dispute with the 2016 Arbitral Tribunal's decision.
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South China Sea Dispute |
The South China Sea is divided into three archipelagos. The People’s Republic of China and Taiwan claim almost the entire South China Sea as their own, demarcating their claims within the nine-dotted line or nine-dash line, which overlaps with claims of every other nation including Philippines, Indonesia, Vietnam, Taiwan, Brunei, Malaysia, Cambodia, Thailand and Singapore. China has installed military outposts in contested territories. Some parts of the waters that fall within Manila's exclusive economic zone have been renamed the West Philippine Sea by the Philippine government. However, China’s aggressive activities in the region obstruct freedom of navigation. |
Background
The Philippines had formally initiated arbitration proceedings against China's claim on the territories within the "Nine-Dash Line" in January 2013. The nation protested saying that China’s claims in the waters that include the Spratly Islands are unlawful under the United Nations Convention on the Law of the Sea. Despite the ruling, China has continued its activities in the region.
In a warning earlier this month, the Philippines warned China of the severest response if the Chinese military exercises in the disputed South China Sea spill over into Philippine territory. The Chinese People's Liberation Army (PLA) has reportedly been conducting naval exercises around the Paracel Islands since July 1. The disputed Paracel Islands in the South China Sea is being claimed by China and Vietnam.
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