The Permanent Court of Arbitration (PCA) has unanimously ruled in favor of the Philippines in the case the nation filed against China over conflicting claims on the South China Sea.
The intergovernmental organization based in The Hague, Netherlands on July 12 ruled that only claims consistent with the UN Convention on the Law of the Sea (UNCLOS) were valid, thus “there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line’.” Under UNCLOS, which came into force in 1982 and which China ratified in 1996, maritime rights derive from land, not history. Countries may claim an Exclusive Economic Zone (EEZ) up to 200 nautical miles off their coasts, or around islands.
The nine-dash line basically places much of the South China Sea under Chinese control.
The South China Sea is a key shipping route with US$5.3 trillion in trade passing through each year, according to the World Economic Forum. The area is also rich in oil and natural gas.
The arbitration centered on issues of historic rights and maritime entitlements in the South China Sea, the status of certain maritime features and the maritime entitlements they are capable of generating, and the lawfulness of certain actions by China that were alleged by the Philippines to violate the Convention.
The tribunal noted that although navigators and fishermen from China, as well as those of other states, had historically used the islands in the South China Sea, “there was no evidence that China had historically exercised exclusive control over the waters or their resources.”
“Having found that none of the features claimed by China was capable of generating an exclusive economic zone, the Tribunal found that it could—without delimiting a boundary—declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China,” it added.
With certain areas belonging to the EEZ of the Philippines, the tribunal said it found “China had violated the Philippines’ sovereign rights in its exclusive economic zone” by interfering with Philippine fishing and petroleum exploration, constructing artificial islands, and failing to prevent Chinese fishermen from fishing in the zone.
The tribunal held that fishermen from the Philippines (like those from China) had traditional fishing rights in the Scarborough Shoal and that China had interfered with these rights in restricting access.
“The Tribunal further held that Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels,” it said.
Furthermore, it said China’s recent large-scale land reclamation and construction of artificial islands at seven features in the Spratly Islands “had caused severe harm to the coral reef environment and violated its obligation to preserve and protect fragile ecosystems and the habitat of depleted, threatened, or endangered species.”
It also found Chinese authorities “were aware that Chinese fishermen have harvested endangered sea turtles, coral, and giant clams on a substantial scale in the South China Sea (using methods that inflict severe damage on the coral reef environment) and had not fulfilled their obligations to stop such activities.”
The Department of Foreign Affairs (DFA) in a statement issued shortly after the tribunal’s ruling said the Philippines welcomes the issuance of the award.
“Our experts are studying the Award with the care and thoroughness that this significant arbitral outcome deserves. In the meantime, we call on all those concerned to exercise restraint and sobriety,” DFA said.
It added that the country “strongly affirms its respect for this milestone decision as an important contribution to ongoing efforts in addressing disputes in the South China Sea,” pointing out that the decision “upholds international law, particularly the 1982 UNCLOS.”
“The Philippines reiterates its abiding commitment to efforts to pursue the peaceful resolution and management of disputes with a view to promoting and enhancing peace and stability in the region.”
China rejects ruling
China’s official press agency, Xinhua News, said “China has reiterated that it would neither accept nor participate in the arbitration initiated by the Philippines as it necessarily is linked to territorial and maritime disputes, which fall outside the jurisdiction of the arbitration tribunal,” noting the tribunal’s decision was therefore “null and void,” and calling the PCA “law-abusing.”
The Philippines filed its case in January 2013 following a tense standoff between Chinese and Philippine ships in Scarborough Shoal in April 2012. A team led by former Foreign Affairs Secretary Albert Del Rosario went to The Hague last year to present its arguments. China did not participate in any of the arbitration sessions, but PCA said Annex VII of the UNCLOS Convention provides that the “[a]bsence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings.”
Image courtesy of Stuart Miles at FreeDigitalPhotos.net
