PH ‘categorically rejects’ Beijing claims on South China Sea award: It’s final, binding

MANILA, Philippines — The Philippines’ Department of Foreign Affairs (DFA) criticized the Chinese embassy in Manila late Monday, June 22, after it published social media posts belittling the 2016 arbitral ruling on the South China Sea and claiming Scarborough Shoal, about 120 nautical miles off Zambales province, as its territory.

“The Department of Foreign Affairs categorically rejects the assertions of the Chinese Embassy in Manila in their recent statement against the 2016 South China Sea Arbitral Award. The Award was rendered by an arbitral tribunal constituted in accordance with Annex VII of UNCLOS, a treaty to which both the Philippines and China are States Parties. The award is final and binding and has become an unassailable part of the corpus of international law, providing legal clarity regarding maritime rights and entitlements in the South China Sea. It is not and will never be illegal, null and void,” the DFA stated. 

On July 10, it will have been 10 years since the 2016 South China Sea Arbitral Tribunal, which was constituted under the United Nations Convention on the Law of the Sea (UNCLOS), released the landmark ruling.

The ruling deemed Beijing’s sweeping claim over the South China Sea invalid, its island-building activities destructive to the environment, and its harassment of Philippine ships unlawful, among other findings. It also affirmed the Philippines’ 200-nautical-mile exclusive economic zone (EEZ) in the South China Sea.

China has refused to accept the decision, even if it is a signatory to UNCLOS and obliged to follow awards, such as the 2016 Arbitral Award, made based on its principles. 

What is China claiming? 

In posts attributed to its deputy spokesperson, Guo Wei, the Chinese embassy went beyond insisting on its stand on the award. Its posts also tried to cast doubt over its efficacy — a talking point and argument China often uses. 

“China has no intention of spending more time debating the matter, but wishes to raise the following questions: In the ten years since the award was issued, what has the Philippines gained? Have China–Philippines relations improved or deteriorated? Has the situation at sea become more stable or more tense? Who exactly has been manipulating the arbitration issue, obstructing the improvement of China–Philippines relations and undermining regional peace and stability? Now that President Ferdinand Marcos Jr. has expressed a desire to reset China–Philippines relations, why do you, as a government official, continue to provoke China? What is your real objective?” said Guo. 

It was initially a response to Philippine Coast Guard spokesperson Rear Admiral Jay Tarriela, who made a post reacting to a previous embassy statement on Scarborough Shoal. 

A recurring claim from Beijing has been that the award – and the Philippines’ determination to enforce it – is what is causing strain in bilateral ties. What Beijing does not mention in its statements is that Chinese ships continue to harass Philippine vessels in various areas across the West Philippine Sea, an area within the South China Sea that includes the Philippine EEZ.

Recently, China itself has admitted to conducting scientific research activities inside Scarborough Shoal, a feature it has controlled access to since 2012. The Arbitral Award deemed the shoal a traditional fishing ground for Filipino, Chinese, and Vietnamese fisherfolk – which means they should have unimpeded access to its waters. Filipino fisherfolk have reported instances of harassment by the Chinese Coast Guard in those waters.

Beijing has also frequently cast the Philippines’ options in the South China Sea as merely choosing between war or peace. Peace, the way China imagines it, would mean the Philippines acceding to its demands. Manila has been steadily expanding its defense and security network as its tries to improve its external defense capabilities. 

While Marcos has, in fact, signalled a desire to improve bilateral ties with Beijing, his promise to not give up a “single inch” of Philippine territory remains in place. 

Arbitral anniversary, COC talks

“As we commemorate the Award’s 10th anniversary this July, we highlight its resounding affirmation of UNCLOS and of the Convention’s dispute-settlement mechanisms. Indeed, judicial decisions and arbitral awards rendered under UNCLOS benefit all States — not just the parties to a dispute. By clarifying the content of international law, they provide guidance, strengthen legal certainty, and support the peaceful and predictable governance of the oceans. Respect for these rulings is essential to preserving the integrity, credibility, and universality of the Convention and the rules-based order it embodies,” said the DFA. 

The Philippines, as chair of the Association of Southeast Asian Nations (ASEAN), has been hoping to conclude the Code of Conduct (COC) in the South China Sea negotiations between the bloc and China. Philippine Defense Secretary Gilberto Teodoro Jr. has cast doubt on China’s sincerity in these talks, while experts and observers have also expressed doubt over the chances that the 11-country bloc and Beijing will be able to agree on the long-aspired code.

DFA Secretary Maria Theresa Lazaro, meanwhile, has said it would be better not to have a COC than have a “bad” one. The Philippines has said that the COC ought to adhere to international law, including UNCLOS — and by extension, the 2016 Arbitral Award. – Rappler.com