PH hails 2016 arbitral win an 'illuminating precedent' for other states

As the nation commemorates its 2016 victory in the Permanent Court of Arbitration (PCA), which invalidated China’s encompassing claims in South China, the Philippines on Saturday said the nine-year-old arbitral ruling has since served as a guide in peaceful resolution of maritime territorial disputes.

“It is an illuminating precedent for States facing similarly challenging circumstances in the seas, and the clearest of reminders to the international community that the rule of law can be the great equalizer between and among nations, and serve as the bedrock of peace and stability for the international community,” the Philippines' Department of Foreign Affairs (DFA) said in a statement.

“Since its promulgation by the Arbitral Tribunal, this Arbitral Award continues to serve as a guide for the peaceful resolution of disputes in accordance with international law and its dispute settlement mechanisms, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which is considered the legal framework within which all activities in the oceans and seas must be carried out,” it said.

On July 12, 2016, the PCA based in The Hague, Netherlands issued a ruling on the case filed by the Philippines in January 2013. 

The case hinges on the legal status of reefs, rocks and artificial islands in the Scarborough Shoal and Spratly Island group.

Manila's 15-point case critically asked the tribunal to rule on the status of China's so-called "nine-dash line", a boundary that is the basis for its 69-year-old claim to roughly 85% of the South China Sea.

The Arbitral court ruled in favor of the Philippines and invalidated China’s “nine-dash line” claim, which virtually covers the entire South China Sea.

“Now entrenched in international jurisprudence, this historic ruling has been cited by the International Tribunal on the Law of the Sea (ITLOS) and the International Court of Justice (ICJ) in rendering their decisions, further reinforcing the legitimacy and finality of the 2016 Arbitral Award,” the DFA said.

The Foreign Affairs department added that the Philippines continues to honor the PCA ruling “by its commitment to both enhancing public awareness of maritime entitlements and other rights and obligations under the UNCLOS, and leveraging more partnerships with like-minded countries in upholding the rule of law.”

“Along with the UNCLOS, the Arbitral Award will continue to be a cornerstone of Philippine maritime policy and the country’s unflinching advocacy for a rules-based order governed by international law. The Filipino nation will always look to the enduring guidance of the 2016 Arbitral Award on the South China Sea in asserting its rights and entitlements in its maritime domain and in protecting its sovereignty, sovereign rights, and jurisdiction,” the DFA said.

Nine years since the PCA victory, tensions continue as Beijing claims almost all of the South China Sea, including parts that fall within Manila's exclusive economic zone — calling it as the West Philippine Sea.

China has repeatedly refused to recognize the PCA ruling and said it does not accept any claim or action based on the ruling.

The Philippines on Friday renewed its call to China to comply with the arbitration ruling, saying all countries, “regardless of size, might, or capacity must meet their duties and obligations” under international law.

Foreign Secretary Theresa Lazaro made the call a day before the anniversary of the July 12, 2016 ruling by The Hague tribunal that she said “sets reason and right in the South China Sea.” —KG/ VDV, GMA Integrated News