DFA: 2016 Arbitral Award now entrenched in international jurisprudence

MANILA, Philippines — Despite China’s persistent refusal to recognize or honor it, the 2016 Arbitral Award on the South China Sea now forms part of international law, the Department of Foreign Affairs (DFA) reaffirmed yesterday.

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

Issued on July 12, 2016 by the Permanent Court of Arbitration in The Hague, the award stemmed from a case filed by the Philippines in 2013, challenging China’s sweeping claims over nearly 85 percent of the South China Sea through its so-called “nine-dash line.”

The tribunal ruled in favor of the Philippines, declaring China’s claims as inconsistent with the United Nations Convention on the Law of the Sea (UNCLOS). The ruling also clarified the legal status of several maritime features in the Spratly Islands and Panatag (Scarborough) Shoal.

Since then, this nine-year-old arbitral ruling has served as a guide in peaceful resolution of maritime territorial disputes, according to the DFA.

“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 agency said.

“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 DFA added.

Sovereignty commitment

As part of the nationwide commemoration of the ninth anniversary of the 2016 Arbitral Award, various sectors reaffirmed their commitment to upholding the Philippines’ maritime rights and sovereignty.

In a statement, the National Maritime Council said the country “will assert its maritime rights with clarity and resolve. It will continue to promote diplomacy and consultation, while safeguarding national sovereignty and maritime integrity.”

In a separate message, Armed Forces of the Philippines chief Gen. Romeo Brawner Jr. called on Filipinos to unite in defending the country’s rights in the West Philippine Sea.

“Let us remember that what we defend today, we pass on to the next generation. The West Philippine Sea is part of our inheritance. It is our duty to protect it with courage, wisdom and unity. (It) is not just a line on a map. It is a lifeline. It feeds our people, secures our borders and speaks of our dignity as a nation,” he said.

Reinforcing Brawner’s call, Mamamayang Liberal party-list Rep. Leila de Lima warned against complacency, saying the arbitral ruling must be actively defended.

“A victory left idle is a victory at risk. That ruling was never meant to gather dust in the archives. It is meant to be lived, taught and defended,” she said.

Kabataan Party-list Rep. Renee Louise Co, meanwhile, stressed the importance of pursuing an independent foreign policy.

“Like what we have proven at The Hague, we must fight along with other Southeast Asian countries that are being bullied and continue to demilitarize the WPS without being tied with the US agenda and other countries intervening with us,” she said.

New Zealand

Joining the country’s commemoration, New Zealand Ambassador to the Philippines Catherine McIntosh said that New Zealand has consistently recognized the award as final and binding.

“New Zealand believes that peace is best preserved through cooperation. This is a practical imperative that has guided our foreign and defence policies for decades. It means working closely with partners who share our values and vision for the region,” she said.

“New Zealand is proud to stand with the Philippines in defending UNCLOS as the legal framework under which all activities in the oceans and seas must be carried out,” she added. — Jose Rodel Clapano, Alexis Romero