On July 12, it marks the 8th anniversary of the International Tribunal for the Law of the Sea’s ruling on the South China Sea dispute between China and the Philippines. The United States and the European Union both issued statements on July 11 acknowledging that the ruling is legally binding. The EU described the ruling as a significant milestone in peacefully resolving the South China Sea disputes, while the US State Department criticized China’s bullying of the Philippines in the South China Sea and interference with the tribunal’s ruling.
China, on the other hand, released a report reiterating its non-recognition of the ruling and expressing dissatisfaction with the EU’s statement, and has lodged a complaint.
The South China Sea is a vital passageway for shipping trade worth trillions of dollars annually. China claims sovereignty over nearly the entire South China Sea, covering areas claimed by Brunei, Indonesia, Malaysia, the Philippines, and Vietnam based on their Exclusive Economic Zones under the United Nations Convention on the Law of the Sea. This has led to frequent disputes and conflicts with these neighboring countries.
On July 12, 2016, the Permanent Court of Arbitration in The Hague, the Netherlands, delivered a unanimous ruling on the South China Sea dispute between the Philippines and China, declaring China’s sovereignty claim in the South China Sea as unfounded. China did not participate in the arbitration and refused to acknowledge the ruling.
U.S. Secretary of State, in a press release on the State Department’s website on Thursday, emphasized that the 2016 arbitration ruling is a final and legally binding decision on both China and the Philippines under the UN Convention on the Law of the Sea.
“In the past year, the People’s Republic of China (China) has used water cannons, engaged in dangerous conduct, and carried out destructive tactics, including ramming, forcibly dragging (Philippine vessels), and boarding, resulting in damage to Philippine vessels and injuries to Philippine military personnel,” Blinken said.
This year, the Philippines and China have been in constant dispute in the South China Sea, with clashes erupting multiple times at Second Thomas Shoal, where China continues to block supplies to the Philippine troops stationed there.
On June 17, a ship collision occurred between the two sides, with the Philippines accusing Chinese soldiers of boarding a Philippine government vessel, brandishing axes and tools to pierce the Philippine navy vessel, seizing dismantled rifles, and causing serious injury to a Filipino crew member. The Chinese Foreign Ministry denied the Philippine allegations.
Thursday, Blinken stated in the press release that China’s actions blatantly disregard international law and the safety and livelihoods of the Filipino people in the areas where the arbitral tribunal found China had no legal claim to territory or maritime rights.
Blinken emphasized that upholding international maritime law principles embodied in the 1982 UN Convention on the Law of the Sea is crucial for the interests of the entire international community and essential for the peace, security, and prosperity of all countries.
Lastly, the Secretary of State urged China to abide by the 2016 arbitration ruling and cease its dangerous and destabilizing actions.
Earlier on Thursday, a report titled “Rejection of the South China Sea Arbitration Ruling” jointly authored by the Huayang Maritime Studies Center, China’s South China Sea Research Institute, and the China Society of International Law was released in Beijing. It reiterated the consistent stance of the Chinese government in not recognizing the tribunal’s ruling, nor accepting any claims or actions based on it. The report also implicitly criticized certain countries inside and outside the region for attempting to legitimize the arbitration ruling.
On Thursday, the European External Action Service also issued a statement affirming that the 2016 arbitration ruling is legally binding on all parties to the lawsuit and recognizing the Second Thomas Shoal is located within the Philippines’ Exclusive Economic Zone and continental shelf is an important decision.
“All parties concerned must respect and abide by the ruling. Upholding the freedoms, rights, and obligations stipulated in the UN Convention on the Law of the Sea, particularly freedom of navigation and overflight, is crucial for easing tensions in the region,” the EU said.
The statement also underscored that compliance with the ruling is essential for maintaining, enhancing, and deepening peace and security, and ensuring the security, freedom, and openness of global maritime supply lines.
On Friday, the Chinese Mission to the EU issued a statement expressing strong dissatisfaction and firm opposition to the EU’s statement on the South China Sea arbitration ruling, stating that China has lodged a solemn representation with the EU.
China also criticized the EU for openly supporting the Philippines’ infringement on its sovereignty.