Fourteen countries led by the United States reiterated on Sunday that China’s wide-ranging claims in the South China Sea have no legal basis in international law, the 10th anniversary of a landmark arbitration ruling that Beijing continues to reject.The United States, the United Kingdom, Japan, Australia, the Philippines, Canada, Germany, Italy, New Zealand, Estonia, Latvia, Lithuania, Romania and Slovenia said in a joint statement that the award made by the arbitral tribunal established on July 12, 2016 under the United Nations Convention on the Law of the Sea (UNCLOS) remains “final, legally binding and conclusive.” The 27-member European Union issued a separate statement calling the ruling a “landmark” for the peaceful settlement of maritime disputes.However, China reiterated that the award was “invalid” and said it “neither accepts nor recognizes” the arbitral tribunal’s decision.
2016 ruling
The arbitration case was initiated by the Philippines and China in 2013 over the dispute over the Scarborough Shoal. Despite Beijing’s refusal to participate in the proceedings, the arbitral tribunal conducted proceedings in accordance with the United Nations Convention on the Law of the Sea and issued its award on July 12, 2016.The tribunal ruled overwhelmingly in favor of the Philippines, concluding that China’s historic claims to much of the South China Sea under the so-called “nine-dash line” have no legal basis. The report also found that several maritime features claimed by China did not create extensive maritime areas under international law.The ruling does not resolve the issue of sovereignty over the islands or reefs, but rather clarifies maritime rights under the United Nations Convention on the Law of the Sea, which has been ratified by more than 170 parties, including China and the Philippines.Why the South China Sea is importantThe South China Sea is one of the world’s most strategic waterways, carrying about one-third of global maritime trade every year. It is also believed to contain large reserves of oil, natural gas and rich fishing grounds.China claims sovereignty over nearly the entire sea, overlapping claims by the Philippines, Vietnam, Malaysia, Brunei and Taiwan. Competing claims have made the region one of Asia’s most volatile security hotspots.
Countries warn against coercion
The 14 countries said “China’s extensive maritime claims have no legal basis,” including those based on so-called historic rights, and reiterated their opposition to unilateral actions that undermine regional stability.“We reiterate our strong opposition to any destabilizing or unilateral action, including force or coercion that threatens peace and stability in the region,” the statement said.The two countries have also criticized the use of coast guard vessels, military aircraft and maritime militias to intimidate or impede the legitimate activities of other countries, saying such actions endanger lives and undermine regional security. They called for a peaceful settlement of disputes in accordance with international law, while reaffirming the importance of freedom of navigation and overflight.
China again rejects ruling
In response to the joint statement, China’s Ministry of Foreign Affairs said that the arbitral tribunal and its award “seriously violated the general practice of international arbitration” and violated China’s sovereignty under the United Nations Convention on the Law of the Sea.The foreign ministry insisted that China “opposes and will never accept any claims or actions based on these rulings” and reiterated that Beijing does not accept third-party dispute settlement or externally imposed South China Sea solutions.
Tensions remain high
The arbitration award regained diplomatic support amid ongoing confrontations between Chinese and Philippine ships in disputed waters. In recent years, Chinese Coast Guard vessels have repeatedly been accused of using water cannons, military-grade lasers and dangerous maneuvers against Philippine supply missions and fishing vessels.Separately, foreign envoys meeting in Manila called for greater maritime cooperation, including joint exercises, intelligence sharing and capacity building, to increase maritime domain awareness and maintain a rules-based order in the Indo-Pacific region.The United States has repeatedly urged Beijing to abide by the 2016 ruling and reiterated that its mutual defense treaty with the Philippines applies to armed attacks on Philippine forces, ships or aircraft operating in the South China Sea.
