MANILA, Philippines – Eights years after an arbitral tribunal unanimously deemed China’s sweeping claim over the South China Sea invalid, the United States and other countries called on Beijing to finally comply with the ruling.

The 2016 award was handed down on July 12, 2016 by an arbitral tribunal formed under the 1982 Law of the Sea Convention.

The tribunal deemed China’s sweeping claim of almost all the South China Sea invalid, and scored Beijing for its island-making activities in disputed waters, which destroyed the marine environment. China did not participate in the arbitration and has refused to recognize the ruling.

China continues to insist that it has territorial rights over almost all of the South China Sea, including the West Philippine Sea or waters in the Philippines’ exclusive economic zone (EEZ). The China Coast Guard (CCG) has routinely harassed Philippine missions to features in the West Philippine Sea, with a June 17 resupply mission to Ayungin or Second Thomas Shoal turning into the most violent to date.

“Over the past year, the PRC’s use of water cannons, dangerous maneuvers, and destructive tactics – including ramming, forcible towing, and boarding that has 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 Arbitral Tribunal determined the PRC has no lawful territorial or maritime claims. The PRC’s actions reflect a blatant disregard for international law as well as the safety and livelihoods of Filipinos,” US Secretary of State Antony Blinken said in a statement on Friday, July 12.

Blinken said the US was concerned over China’s “assertion of ‘territorial sovereignty’ over vast areas that are clearly within the maritime jurisdiction of Vietnam, the Philippines, Malaysia, and Brunei, and where high seas freedoms of navigation and overflight apply under international law.”

“Upholding the international law of the sea, as reflected in the 1982 Law of the Sea Convention, is in the interest of the entire international community and remains vital to the peace, security, and prosperity of all nations,” he added.

The US has repeatedly reiterated that its Mutual Defense Treaty with the Philippines “extends to armed attacks on Philippine armed forces, public vessels, or aircraft – including those of its Coast Guard – anywhere in the South China Sea.” Washington and Manila are bound by the treaty, which states that one party should come to the defense of another in case of an attack by an external party.

“We continue to call on 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,” said Blinken.

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In a post on X, the British embassy of Manila said it “[continues] to call on the two parties to abide” by the terms of the ruling. 

In a separate statement, the European Union (EU) said the award “represents a significant milestone in the peaceful resolution of disputes in the South China Sea” and that “dispute settlement mechanisms provided under UNCLOS contribute to the maintenance and furthering of the international legal order based on the rule of law.”

“The EU views the 2016 Arbitral Award as legally binding upon the parties to the proceedings, including the important finding that the Second Thomas Shoal is within the exclusive economic zone and continental shelf of the Philippines. All parties involved must respect and honor the award,” the bloc said in a statement, adding that it “supports” efforts to finalize a code of conduct between the Association of Southeast Asian Nations (ASEAN) and China.

In a post on X (formerly Twitter), Norwegian Ambassador Christian Halaas Lyster said “respect for international law, including the law of the sea, is crucial.”

“Norway supports peaceful, economic development and trade in the Asia-Pacific. Eight years ago, the Arbitral Tribunal gave its final and legally binding award. Norway urges all parties to comply with the decision,” he said.

The German embassy in Manila, meanwhile, said the award is “legally binding” both on Manila and Beijing.

“In light of recent events, Germany emphasizes that UNCLOS sets out the universal legal framework that governs all activities in the oceans and seas. As escalatory behavior continues to heighten tensions in the region, Germany underlines the fundamental importance of upholding the
freedoms, rights and duties of all States enshrined in UNCLOS,” said the embassy.

“Germany calls for continued efforts to peacefully resolve outstanding claims through dialogue and cooperation based on international law. Germany remains committed to working with responsible partners to promote a peaceful and prosperous future for the South China Sea region,” it added.

In a statement, Australia’s Department of Foreign Affairs and Trade called the ruling “unanimous, clear, and binding” between the Philippines and China. “Australia has consistently called for compliance with this decision. We will continue to do so,” DFAT said. 

“A stable and peaceful maritime domain in the Indo-Pacific is vital. It is at the heart of our shared interests and our shared prosperity. UNCLOS’ critical freedoms, rights, and obligations serve as a cornerstone of regional peace, stability, and prosperity. By ratifying UNCLOS all States, regardless of size, commit to observe and to protect its essential rules. Conduct inconsistent with UNCLOS is of common concern,” DFAT added.

The Philippines has a Status of Visiting Forces Agreement with Australia. 

“On occasion, disputes over interpretation of UNCLOS arise. Australia is no stranger to these. The UN Charter and UNCLOS require that such disputes be settled peacefully. Where disputes have been subject to ruling by a dispute settlement body, these rulings must be complied with,” the DFAT said. 

Manila’s strategic partner added: “This year’s anniversary occurs against the backdrop of increasing instability and destabilizing conduct in the South China Sea. Australia welcomes discussion between the Philippines and China and encourages ongoing steps to de-escalate tensions and resolve disputes peacefully, consistent with international law.”

In a statement, Japanese Foreign Minister Kamikawa Yoko said China’s refusal to accept the award is “against the principle of peaceful settlement of disputes in accordance with international law, in particular UNCLOS, and undermines the rule of law in the international community.” 

“Japan strongly hopes that the parties’ compliance with the award will lead to the peaceful settlement of disputes in the South China Sea,” Tokyo’s top diplomat added. 

Manila and Beijing recently tackled South China Sea issues – especially the June 17 incident in Ayungin Shoal – during a bilateral meeting in the Philippines. – Rappler.com