A coalition of 14 countries marked the 10th anniversary of the landmark arbitral ruling on the South China Sea on Sunday, reaffirming that the decision remains legally binding and rejecting China's sweeping maritime claims based on so-called “historic rights.”
Joint Statement Marks a Decade Since Historic Ruling
In a joint statement marking a decade since the historic ruling, the Philippines, Australia, Canada, Estonia, Germany, Italy, Japan, Latvia, Lithuania, New Zealand, Romania, Slovenia, the United Kingdom and the United States reiterated their commitment to “a free and open Indo-Pacific that is peaceful, stable, and rules-based.”
The countries said the July 12, 2016 decision of the arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS) remains “final, legally binding, and definitive between China and the Philippines” on the maritime entitlements and claims covered by the case.
Peaceful Resolution and Freedom of Navigation
The joint statement underscored that maritime disputes must be resolved peacefully and in accordance with UNCLOS, while underscoring the importance of protecting freedom of navigation and overflight, as well as other internationally lawful uses of the sea.
The Philippines brought the arbitration case before the Permanent Court of Arbitration in 2013 after years of escalating tensions with China over competing claims in the South China Sea, a vast, resource-rich body of water.
China's Nine-Dash Line Invalidated
In its landmark decision, the tribunal invalidated China's expansive “nine-dash line” claim, ruling that Beijing's assertion of “historic rights” over most of the strategic waterway has no legal basis under UNCLOS. It also affirmed that features such as Panganiban Reef (Mischief Reef) and Ayungin Shola (Second Thomas Shoal) lie within the Philippines' exclusive economic zone (EEZ).
Despite the ruling, China has refused to recognize or comply with the award and has continued its presence and activities in disputed waters, including confrontations involving Philippine vessels in the West Philippine Sea.
Opposition to Destabilizing Actions
The signatories also expressed strong opposition to “any destabilizing or unilateral actions including by force or coercion that threaten peace and stability in the region.”
They likewise opposed the use of coast guard, military and maritime militia vessels “to harass, obstruct, or intimidate lawful operations by other States at sea or in the air,” warning that such actions endanger personnel and fishermen and undermine regional peace and security.
Call for Peaceful Dialogue and ASEAN Vision
The 14 countries urged parties to abide by the 2016 arbitral award and settle disputes peacefully through dialogue and other lawful mechanisms consistent with international law.
They also reiterated support for ASEAN's vision of the South China Sea as “a sea of peace, stability, cooperation, and prosperity driven by vibrant lawful commerce.”
