Philippines, 13 allies reaffirm 2016 South China Sea ruling's binding force

By Kaela Patricia B. Gabriel, Pexcel John Bacon and Erika Mae P. Sinaking, Reporter FOURTEEN countries led by the Philippines on Sunday said the landmark 2016 South China Sea arbitral ruling remains final and legally binding, reinforcing international support for the decade-old decision as Beijing continues to reject the award and assert its claims in the disputed waterway. “We reaffirm that maritime disputes must be resolved peacefully and in accordance with UNCLOS (United Nations Convention on the Law of the Sea),” the Department of Foreign Affairs (DFA) said in a statement marking the 10th anniversary of the ruling. “We reaffirm that the award rendered 10 years ago by the arbitral tribunal is a significant milestone and is 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, the UK and the US. The countries also expressed concern over dangerous actions at sea, calling on parties to refrain from using coast guard and military vessels to obstruct lawful maritime and aerial activities, warning that such actions threaten the safety of fishermen, sailors and aircrews. “We urge the parties to abide by the 2016 award and resolve disputes peacefully through dialogue and other lawful mechanisms in accordance with international law,” the DFA said. The Chinese Embassy in Manila did not immediately reply to a Viber message seeking comment. China has rejected the 2016 ruling by the United Nations-backed tribunal based in The Hague, which voided its sweeping “nine-dash line” claim over most of the South China Sea. Foreign Affairs Secretary Ma. Theresa P. Lazaro on Friday said the arbitral award remains the cornerstone of Philippine policy in the West Philippine Sea and would continue guiding Manila’s engagement with regional partners. “By authoritatively ruling that historic claims within the fictional ‘nine-dash line’ have no basis in law, the 2016 arbitral award permanently illuminated once-murky waters,” Ms. Lazaro said at a conference commemorating the ruling’s anniversary. “It stands as a landmark triumph of peaceful dispute settlement.” She said the Philippines would continue using the ruling as the basis for its position in negotiations on a Code of Conduct in the South China Sea while boosting partnerships to promote a rules-based maritime order. “We will ensure our domestic capacities are fully supported by a foreign policy that firmly asserts our rights, advances our interests and contributes to a peaceful, stable and rules-based maritime order,” she said. The Stratbase Institute said ambassadors from Australia, Canada, the European Union, France, Germany, India, Japan, South Korea, New Zealand and the UK also reaffirmed support for the ruling 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 maritime assistance already extended to Manila. ‘ULTIMATE WAKE-UP CALL’ Analysts said the award remains the Philippines’ strongest legal instrument against China’s maritime claims despite Beijing’s refusal to recognize it. Chester B. Cabalza, president of the International Development and Security Cooperation, said the ruling has evolved beyond a legal victory into a strategic tool against China’s information campaign. “In this war of narratives, the 2016 arbitral award was the ultimate wake-up call that shattered our complacency and ignited the sleeping spirit of Filipino resistance,” he told BusinessWorld via Facebook Messenger. “The 2016 victory is no longer just a piece of paper; it is the cognitive weapon that awakened our national consciousness to fight for what is rightfully ours,” he added. Mr. Cabalza said recent assertions by Chinese scholars claiming Batanes province belongs to China form part of a broader gray-zone strategy to undermine the Philippines’ legal victory. Political analyst Edmund S. Tayao said there is no immediate need for another arbitration case involving the West Philippine Sea because the 2016 ruling had already settled the Philippines’ maritime entitlements under international law. “I’m not sure if the Philippines should pursue another with respect to the West Philippine Sea,” he told BusinessWorld via Messenger. “That is already settled as far as the 2016 ruling is concerned.” However, he said Manila could consider separate legal or diplomatic action if Chinese claims over Batanes develop into a more formal territorial dispute. Defense Secretary Gilberto C. Teodoro, Jr. also reaffirmed the government’s commitment to enforcing the arbitral ruling, saying the Department of National Defense would continue building a “strong, capable, responsive and deterrent defense system” under the Comprehensive Archipelagic Defense Concept. “It is heartening to note that Filipinos today have a growing awareness and sense of ownership of the West Philippine Sea,” he said. The National Maritime Council likewise described the award as the Philippines’ strongest legal foundation for asserting its maritime rights. “The Philippines remains steadfast in advancing a maritime future anchored on international law, responsible stewardship of our seas, and constructive engagement with all nations,” it said in a statement. The Philippines initiated arbitration proceedings against China in 2013 under UNCLOS. On July 12, 2016, an arbitral tribunal ruled that China’s “nine-dash line” had no legal basis, affirmed Manila’s sovereign rights within its exclusive economic zone and found that Beijing had violated those rights by interfering with Philippine fishing and petroleum exploration activities. China has refused to recognize the ruling.