PH, allies affirm arbitral ruling in joint statement
Fourteen countries, including the Philippines, on Sunday reaffirmed in a joint statement that there is no legal basis for China’s expansive maritime claims in the South China Sea and rejected actions that threaten peace and stability in the region.
The statement marking the 10th anniversary of the South China Sea arbitral award does not include among its signatories the 10 other members of the Association of Southeast Asian Nations (Asean) which Manila currently chairs. Apart from the Philippines, there have been repeated territorial standoffs between China and Asean members Vietnam, Malaysia and Brunei.
Joining the Philippines in backing the 2016 arbitral ruling were Australia, Canada, Estonia, Germany, Italy, Japan, Latvia, Lithuania, New Zealand, Romania, Slovenia, the United Kingdom, and the United States.
President Marcos has been hoping that Asean and China would finally adopt a legally binding Code of Conduct (COC) in the South China Sea in the upcoming Asean Summit in Manila this November. The COC, which was first taken up by Asean in 1992, is seen as an instrument that can effectively govern the behavior of parties and prevent hostilities in the disputed waters.
“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 with respect to the maritime entitlements and claims addressed by the arbitral tribunal,” read the joint statement released by the Department of Foreign Affairs.
“We reaffirm the arbitral tribunal’s decision that there is no legal basis for China’s expansive maritime claims in the South China Sea, including those based on ‘historic rights,’” it added.
Criticisms vs coercion
The countries maintained that their commitment to the peaceful resolution of the maritime dispute, in accordance with the United Nations Convention on the Law of the Sea or Unclos, is rooted in upholding “a free and open Indo-Pacific that is peaceful, stable, and rules-based, anchored in international law.”
The countries also criticized the use of any destabilizing or unilateral actions, including force or coercion, that threaten peace and stability in the region.
“We reaffirm our strong opposition to the use of coast guard, military, and maritime militia forces to harass, obstruct, or intimidate lawful operations by other States at sea or in the air, and in so doing endanger the safety of personnel and fishermen and seriously degrade regional peace and security,” they said.
The nations urged the parties to abide by the 2016 award and resolve disputes peacefully through dialogue and other lawful mechanisms in accordance with international law.
In a statement released on Sunday, the Ministry of Foreign Affairs of China said it has never recognized the arbitral ruling, saying Beijing “does not accept any means of third party dispute settlement or any solution imposed on China.”
“China’s territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards. China opposes and will never accept any claim or action based on those awards,” it added.
Beijing also stressed that Manila violated its commitment to Asean and China under the 2002 Declaration on the Conduct of Parties in the South China Sea by not resolving the issue through negotiations with the directly concerned states.
Litmus test
Envoys from various countries have expressed intent on expanding defense and technical cooperation with the Philippines, according to local think tank Stratbase Institute.
The envoys from Australia, Canada, European Union, France, Germany, India, Japan, South Korea, New Zealand, and the United Kingdom made the pronouncement during a high-level forum titled “A Decade of the Arbitral Award: Credible Deterrence in Defense of the West Philippine Sea (WPS).”
“Legal principles alone are not enough. Whenever rules are challenged, like when nations speak up, words must be backed by practical cooperation,” Ambassador of France to the Philippines Marie Fontanel said. “Defending international law requires power … power requires ships, aircraft, joint drills, agreements. It requires that like-minded partners can operate together quickly, credibly, lawfully.”
Australian Ambassador Marc Innes-Brown said Canberra was looking forward to signing a new defense cooperation arrangement with Manila in 2026. UK Ambassador Sara Hulton said it was now in formal negotiations with the Philippines for its own Status of Visiting Forces Agreement (VFA), while Canadian Ambassador David Hartman highlighted its recently signed VFA.
Germany’s Ambassador Dr. Andreas Michael Pfaffernoschke summarized the collective sentiment, stating that stability in the WPS is a “litmus test for the global rule of law.”
“We are convinced that the strength of the law must always prevail over the law of the strong. Right makes might, not might makes right. The 2016 Arbitral Award is final, and it is legally binding on all parties to the dispute. It is not a disputable opinion, it is an authoritative clarification of maritime entitlements,” he said.
Peace walk
On Sunday, Philippine government officials led the National Peace Walk at Quirino Grandstand in Manila to reaffirm the 2016 ruling of the Permanent Court of Arbitration.
Among those at the forefront of the walk were the most vocal voices in defending the country’s sovereignty and sovereign rights over the WPS: Defense Secretary Gilberto Teodoro Jr., Armed Forces of the Philippines Chief of Staff Gen. Romeo Brawner Jr., and Rear Adm. Jay Tarriela, Philippine Coast Guard spokesperson for the WPS.
“This walk serves as our action to call for freedom of navigation. This is a whole-of-government approach because we need to strengthen our knowledge and capability to wisely use the sea which God gave us,” Teodoro said in his message.
The National Maritime Council (NMC), meanwhile, said the landmark 2016 arbitral ruling belongs to every Filipino and not to any administration or political party.
“It does not belong to any administration, institution, or political party. It belongs to us all, as we strive to do our best to ensure that our youth and all future generations inherit not just the responsibilities but the benefits as well of being citizens of a great maritime nation,” the NMC said in a statement on Sunday.
The council is the interagency body created by President Marcos in March 2024 to strengthen the Philippines’ maritime security and increase maritime domain awareness among Filipinos amid China’s aggressive tactics and threats in the WPS. —WITH REPORTS FROM ZACARIAN SARAO AND AP
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