9 years after arbitral ruling, China still defies PH sea claim

MANILA, Philippines — The Philippine government sounded the alarm over China’s continued rejection of the historic arbitral award, nine years after the arbitral tribunal ruled in favor of Manila and dismissed Beijing’s claims over the South China Sea.

READ: PH wins arbitration case over South China Sea

Foreign Affairs Secretary Teresa Lazaro expressed this sentiment in her keynote speech on the eve of the 9th anniversary of the Philippines’ arbitral victory.

She emphasized that the arbitration and its award are shining affirmations of the compulsory dispute resolution mechanisms of the United Nations Convention on the Law of the Sea (UNCLOS).

“The Award not only sets reason and right in the South China Sea, but is like a lighthouse that guides how maritime matters and concerns in the region ought to be addressed. It is a telling reminder to the world that all countries, regardless of size, might, or capacity, must meet their duties and obligations, especially under UNCLOS, including compliance with rulings by its legitimate tribunals and bodies,” said Lazaro.

But nearly a decade later, the legitimacy of the award continues to be tested, challenged, and subverted. Lazaro said this puts the Philippines’ maritime interests in peril.

“It is worrisome that China has continued to reject the binding Arbitral Award and persists with illegal, coercive, and aggressive actions under cover of a revisionist, self-serving interpretation and application of international law, particularly UNCLOS,” she said.

With this, she asked: What can the Philippines do to protect its rights, uphold international law, and defend a rules-based order?

READ: ‘Silence not neutrality’: Marking 9th year of PH’s arbitral win

Lazaro said the Philippines would continue to utilize the Foreign Ministry Consultations (FMC), the Bilateral Consultation Mechanism on the South China Sea (BCM-SCS), and the bilateral Consular Consultations Mechanism with China to maintain dialogue and diplomacy at appropriate official levels.

“Our effective diplomacy with our Chinese counterparts has resulted in several pragmatic solutions and positive outcomes, such as the Provisional Understanding on the rotation and resupply (RORE) missions to the BRP Sierra Madre. And we are now in the process of developing non-sensitive areas of cooperation between our coast guards and our scientific and technical institutions,” she said.

Lazaro explained the Philippines’ continued drive to leverage alliances and partnerships to “help revitalize the energy of multilateralism.”

“If we can engage our most challenging relationships, then surely we can produce effective strategic outcomes with our allies, partners, and other like-minded countries. We are constantly looking to create a tapestry of multilateral and bilateral engagements that bolsters our positions and broadens our capacities,” she explained.

Despite the challenges, the foreign affairs chief said the Philippines will not waver in rejecting attempts to undermine the arbitral award and international law.

“Being on the right side of the rules-based order and international law makes it easier for others to join us in taking a stand and forming a tight bond that can withstand illegal and unfounded claims and aggressive actions at sea,” she said.

“The waters may continue to be rough and turbulent, but together we can steady the sails and navigate through obstacles, as we defend the rules-based order in the maritime domain,” she concluded. /jpv