The Philippines, partners reaffirm the 2016 South China Sea resolution on the 10th anniversary
By Kaela Patricia B. Gabriel, Pexcel John Bacon again Erika Mae P. Sinaking, A reporter
14 COUNTRIES led by the Philippines on Sunday said the landmark 2016 South China Sea arbitral award remains final and legally binding, bolstering international support for the decade-old ruling as Beijing continues to reject the award and assert its claims to the disputed waterway.
“We also confirm that maritime disputes must be resolved peacefully and in accordance with UNCLOS (United Nations Convention on the Law of the Sea),” said the Department of Foreign Affairs (DFA) in a statement on the 10th decision year.
“We also confirm that the award given 10 years ago by the arbitral tribunal is historic and final, legally binding and definitive between China and the Philippines,” it added.
The statement was issued with Australia, Canada, Estonia, Germany, Italy, Japan, Latvia, Lithuania, New Zealand, Romania, Slovenia, UK and the US.
The countries also expressed concern about dangerous actions at sea, asking the parties to refrain from using coast guard vessels and military vessels to prevent legitimate maritime and aviation activities, warning that such actions threaten the safety of fishermen, sailors and airmen.
“We urge the parties to abide by the 2016 award and resolve disputes peacefully through negotiations and other legal means in accordance with international law,” the DFA said.
China’s embassy in Manila did not immediately respond to a Viber message seeking comment.
China has rejected a 2016 ruling by the Hague-based United Nations tribunal, which rejected its “nine-dash line” claim over most of the South China Sea.
Foreign Secretary Ma. Theresa P. Lazaro on Friday said the arbitral award remains the cornerstone of Philippine policy in the West Philippine Sea and will continue to guide Manila’s engagement with regional partners.
“By ruling that historical claims within the mythical ‘nine-dash line’ are illegal, the 2016 arbitral award sheds light on once-murky waters,” said Ms. Lazaro at a conference commemorating the decision’s anniversary. “It stands as a historic victory for peaceful conflict resolution.”
He said the Philippines will continue to use the decision as a basis for its position in the negotiations on the Code of Conduct in the South China Sea while developing relations to promote the rule of law at sea.
“We will ensure that our domestic capabilities are fully supported by a foreign policy that firmly asserts our rights, promotes our interests and contributes to a peaceful, stable and rule-based maritime order,” he said.
The Stratbase Institute said ambassadors from Australia, Canada, the European Union, France, Germany, India, Japan, South Korea, New Zealand and the UK also confirmed their support for the resolution during the conference, while expressing interest in expanding security cooperation with the Philippines.
The think tank said Australia is preparing to sign a A$160-million defense cooperation package with Southeast Asian partners, including the Philippines, on top of already extended naval aid to Manila.
‘THE LAST RISING’
Analysts say the award remains the Philippines’ strongest legal tool against China’s maritime claims, although Beijing has refused to recognize it.
Chester B. Cabalza, president of the International Development and Security Cooperation, said the decision went beyond a legal victory and became an important tool against China’s information campaign.
“In this narrative war, the 2016 arbitral award was a big wake-up call that disturbed our complacency and ignited the dormant spirit of Filipino resistance,” he said. BusinessWorld via Facebook Messenger.
“The victory of 2016 is no longer just a piece of paper; it is a smart weapon that has awakened our national consciousness to fight for what is rightfully ours,” he added.
Mr. Cabalza said the recent assertion by Chinese scholars that the province of Batanes belongs to China is part of a broader gray-zone strategy to undermine the Philippines’ legal victory.
Political analyst Edmund S. Tayao said there is no urgent need for another arbitration case involving the West Philippine Sea because the 2016 decision already settled the Philippines’ maritime rights under international law.
“I am not sure if the Philippines should follow suit with respect to the West Philippine Sea,” he said BusinessWorld via Messenger. “That has already been resolved in terms of the 2016 resolution.”
However, he said Manila could consider different legal or official measures if the Chinese claims over Batane become a legitimate territorial dispute.
Defense Secretary Gilberto C. Teodoro, Jr. he reaffirmed the government’s commitment to enforcing the arbitration decision, saying the Ministry of National Defense will continue to build a “strong, capable, responsive and deterrent defense system” under the Comprehensive Archipelagic Defense Concept.
“It is gratifying to note that Filipinos today have a growing awareness and sense of ownership of the West Philippine Sea,” he said.
The National Maritime Council also described the award as the strongest legal basis for the Philippines to assert its maritime rights.
“The Philippines remains committed to developing a maritime future that focuses on international law, good management of our oceans, and constructive engagement with all nations,” the statement said.
The Philippines initiated arbitration proceedings against China in 2013 under UNCLOS. On July 12, 2016, an arbitration court ruled that China’s “nine-dash line” has no legal basis, affirmed Manila’s sovereign rights in its exclusive economic zone and found that Beijing violated those rights by interfering with Philippine fishing activities and petroleum exploration. China refused to recognize the decision.
