FULL TEXT: New US policy rejects most Chinese claims in South China Sea
![FULL TEXT: New US policy rejects most Chinese claims in South China Sea](https://media.philstar.com/photos/2020/07/14/uss-ronald-reagan_2020-07-14_08-29-39.jpg)
MANILA, Philippines — In a bid to reject China's "bullying" in the South China Sea, the United States declared that it will be strengthening its policy on maritime claims in the contested waterway.
US Secretary of State Mark Pompeo released the statement to mark the fourth anniversary of a United Nations-backed tribunal that sided with the Philippines and invalidated China's expansive claims over the South China Sea.
"[China] has no legal grounds to impose its will on the region and claims resources off the coasts of Southeast Asian states," Pompeo said.
Read the full statement below.
The United States champions a free and open Indo-Pacific. Today we are strengthening U.S. policy in a vital, contentious part of that region — the South China Sea. We are making clear: Beijing’s claims to offshore resources across most of the South China Sea are completely unlawful, as is its campaign of bullying to control them.
In the South China Sea, we seek to preserve peace and stability, uphold freedom of the seas in a manner consistent with international law, maintain the unimpeded flow of commerce, and oppose any attempt to use coercion or force to settle disputes. We share these deep and abiding interests with our many allies and partners who have long endorsed a rules-based international order.
These shared interests have come under unprecedented threat from the People’s Republic of China (PRC). Beijing uses intimidation to undermine the sovereign rights of Southeast Asian coastal states in the South China Sea, bully them out of offshore resources, assert unilateral dominion, and replace international law with “might makes right.” Beijing’s approach has been clear for years. In 2010, then-PRC Foreign Minister Yang Jiechi told his ASEAN counterparts that “China is a big country and other countries are small countries and that is just a fact.” The PRC’s predatory world view has no place in the 21st century.
The PRC has no legal grounds to unilaterally impose its will on the region. Beijing has offered no coherent legal basis for its “Nine-Dashed Line” claim in the South China Sea since formally announcing it in 2009. In a unanimous decision on July 12, 2016, an Arbitral Tribunal constituted under the 1982 Law of the Sea Convention—to which the PRC is a state party – rejected the PRC’s maritime claims as having no basis in international law. The Tribunal sided squarely with the Philippines, which brought the arbitration case, on almost all claims.
As the United States has previously stated, and as specifically provided in the Convention, the Arbitral Tribunal’s decision is final and legally binding on both parties. Today we are aligning the U.S. position on the PRC’s maritime claims in the SCS with the Tribunal’s decision. Specifically:
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The PRC cannot lawfully assert a maritime claim—including any Exclusive Economic Zone (EEZ) claims derived from Scarborough Reef and the Spratly Islands – vis-a-vis the Philippines in areas that the Tribunal found to be in the Philippines’ EEZ or on its continental shelf. Beijing’s harassment of Philippine fisheries and offshore energy development within those areas is unlawful, as are any unilateral PRC actions to exploit those resources. In line with the Tribunal’s legally binding decision, the PRC has no lawful territorial or maritime claim to Mischief Reef or Second Thomas Shoal, both of which fall fully under the Philippines’ sovereign rights and jurisdiction, nor does Beijing have any territorial or maritime claims generated from these features.
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As Beijing has failed to put forth a lawful, coherent maritime claim in the South China Sea, the United States rejects any PRC claim to waters beyond a 12-nautical mile territorial sea derived from islands it claims in the Spratly Islands (without prejudice to other states’ sovereignty claims over such islands). As such, the United States rejects any PRC maritime claim in the waters surrounding Vanguard Bank (off Vietnam), Luconia Shoals (off Malaysia), waters in Brunei’s EEZ, and Natuna Besar (off Indonesia). Any PRC action to harass other states’ fishing or hydrocarbon development in these waters—or to carry out such activities unilaterally—is unlawful.
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The PRC has no lawful territorial or maritime claim to (or derived from) James Shoal, an entirely submerged feature only 50 nautical miles from Malaysia and some 1,000 nautical miles from China’s coast. James Shoal is often cited in PRC propaganda as the “southernmost territory of China.” International law is clear: An underwater feature like James Shoal cannot be claimed by any state and is incapable of generating maritime zones. James Shoal (roughly 20 meters below the surface) is not and never was PRC territory, nor can Beijing assert any lawful maritime rights from it.
The world will not allow Beijing to treat the South China Sea as its maritime empire. America stands with our Southeast Asian allies and partners in protecting their sovereign rights to offshore resources, consistent with their rights and obligations under international law. We stand with the international community in defense of freedom of the seas and respect for sovereignty and reject any push to impose “might makes right” in the South China Sea or the wider region.
The United States Navy's Nimitz-class nuclear powered supercarrier USS John C. Stennis continues underway in the South China Sea.
The US Pacific Command just reported that it has received "cargo" from support ship USNS Rainier in the disputed waters.
#GreatGreenFleet's USS @Stennis74 receives cargo from USNS #Rainier in the #SouthChinaSea - @US7thFleet pic.twitter.com/MnJWrow6Vv
— U.S. Pacific Command (@PacificCommand) June 10, 2016
The Bureau of Fisheries and Aquatic Resources conducts an aerial maritime inspection over Scarborough Shoal or Bajo de Masinloc on Thursday, according to a report of PTV.
PTV says BFAR is checking if the southeast portion of Bajo de Mansinloc remains free from illegal and hazardous floating barriers.
Earlier this week, the Philippine Coast removed the chains surrounding the entrance of Bajo de Masinloc installed by the China Coast Guard. — PTV
The National Security Council condemns the installation of the floating barriers of the China Coast Guard in Bajo de Masinloc, PTV reports on Monday.
“It ruled categorically that such action by the PRC violated the traditional fishing rights of our fishermen in the shoal who have been fishing there for centuries," NSC Assistant Director General Jonathan Malaya says.
"Any State that prevents them from doing artisanal fishing there violates UNCLOS and international law, in general,” he adds.
PTV reports that BRP Antonio Luna of the Philippine Navy and HMCS Ottawa of the Royal Canadian Navy conducted a joint sail in the West Philippine Sea on Sept. 21.
“The joint sail is part of the Philippine Navy's regular engagements with its partners in the Philippines' maritime zones. Bravo Zulu to all the personnel of both ships and those who planned this activity," Ltc Enrico Gil Ileto, Public Affairs AFP chief says.
WATCH: BRP Antonio Luna of the Philippine Navy and HMCS Ottawa of the Royal Canadian Navy conducted a joint sail in the West Philippine Sea on Sept. 21. (????: AFP Wescom) | via Bea Bernardo (1/2) pic.twitter.com/DmJguzJSiF
— PTVph (@PTVph) September 22, 2023
Ahead of the second State of the Nation Address of President Ferdinand Marcis Jr, the descendants of the Bai sa Condor and Anta sa Tebouk, on behalf of the Iranun in the Philippines composed of 16 sultans, formally declares ownership of the Spratly Islands and the Scarborough Shoals as patrimony from their ancestors.
The declaration of ownership is led by Sultan Tomas Reyes Cabili, Jr. as part of the advocacy of the Tomas Ll. Cabili Foundation (TLC Foundation).
"TLC Foundation is doing this for our country’s sake as a whole on our claim for what is ours. Not just for our Muslim brothers and the Moro Origins of Mindanao (IRANUN), BUT for all the Filipinos - and the next generations to come. All the Philippines’ descendants of the Iranunis unfurling the historical dimension of the Spratlys and the ScarboroughShoals to strengthen the Philippines' claim on them and complement the theoretical frameworks already presented in the United Nations," Cabili says.
Raymond Powell, project lead at the Gordion Knot Center for National Security Innovation, tweets that China Coast Guard (CCG) vessels "maneuvered dangerously close" to two Philippine Coast Guard ships on a resupply mission at Ayungin Shoal in the West Philippine Sea last week.
In a tweet, Powell identifies the ships as BRP Malabrigo and BRP Malapascua. He says these were escorting a small-boat resupply mission to the Philippines' outpost aboard BRP Sierra Madre and were met by an armada of CCG and militia ships, as well as a possible navy vessel.
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