South China Sea Arbitration
The Republic of the Philippines v. The People's Republic of China | |
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![]() Registered with the Permanent Court of Arbitration | |
Court | An arbitral tribunal constituted under Annex VII to the 1982 United Nations Convention on Law of the Sea (UNCLOS) |
Full case name | An Arbitration before an arbitral tribunal constituted under Annex VII to the 1982 United Nations Convention on Law of the Sea between the Republic of the Philippines and the People's Republic of China |
Decided | 12 July 2016 |
Citation | PCA Case No. 2013-19 |
Transcript | https://pca-cpa.org/en/cases/7/ |
Ruling | |
| |
Court membership | |
Judges sitting | Presiding Arbitrator: Thomas A. Mensah Members: Jean-Pierre Cot Rüdiger Wolfrum Alfred H. Soons Stanisław Pawlak |
The South China Sea Arbitration (Philippines v. China, PCA case number 2013–19)[1] was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII (subject to Part XV) of the United Nations Convention on the Law of the Sea (UNCLOS, ratified by the Philippines in 1984, by the PRC in 1996, opted out from Section 2 of Part XV by China in 2006[2]) concerning certain issues in the South China Sea, including the nine-dash line introduced by the mainland-based Republic of China since as early as 1947.[3][4][5] A tribunal of arbitrators appointed the Permanent Court of Arbitration (PCA) as the registry for the proceedings.[6]
On 19 February 2013, China declared that it would not participate in the arbitration.[7] On 7 December 2014, it published a white paper to elaborate its position that, among other points, the tribunal lacks jurisdiction.[8][9] In accordance with Article 3 of Annex VII of UNCLOS, the Philippines appointed 1 of the 5 arbitrators, while China did not appoint any.[11] On 29 October 2015, the tribunal concluded that it had jurisdiction to consider seven of the Philippines' submissions, subject to certain conditions, and postponed the consideration of its jurisdiction on the other eight submissions to the merits phase.[12][13][14]
On 12 July 2016, the arbitral tribunal ruled in favor of the Philippines on most of its submissions. It clarified that while it would not "rule on any question of sovereignty ... and would not delimit any maritime boundary", China's historic rights claims over maritime areas (as opposed to land masses and territorial waters) within the "nine-dash line" have no lawful effect unless entitled to under UNCLOS.[15][16][17][18] China has rejected the ruling, as has Taiwan.[19][20] Eight governments have called for the ruling to be respected, 35 issued generally positive statements noting the ruling but not called for compliance, and eight rejected it.[21] The United Nations does not hold any position on the case or on the disputed claims.[22]
Background
[edit]![](http://upload.wikimedia.org/wikipedia/commons/thumb/5/5d/South_China_Sea_claims_map.svg/300px-South_China_Sea_claims_map.svg.png)
Neither the Republic of China nor the People's Republic of China were invited to the treaty negotiations after Japan renounced all claims to the Spratly Islands and other conquered islands and territories in the Treaty of San Francisco, and the treaty did not designate successor states.[23] On 15 August 1951, in reaction to China's exclusion from the talks, the PRC government issued the Declaration on the Draft Peace Treaty with Japan by the US and the UK and on the San Francisco Conference by the then Foreign Minister Zhou Enlai, protesting the absence of any provisions in the draft on who shall take over the South China Sea islands. It reasserted China's sovereignty over the archipelagos in the South China Sea, including the Spratly Islands, and reiterated that "the Chinese government of the day had taken over those islands" and that the PRC's rightful sovereignty "shall remain intact".[24]
On 28 April 1952, the United States presided over the signing of the Treaty of Peace between Japan and the Republic of China. Article 2 of the document provided that "It is recognized that under Article 2 of the Treaty of Peace which Japan signed at the city of San Francisco on 8 September 1951 (hereinafter referred to as the San Francisco Treaty), Japan has renounced all right, title, and claim to Taiwan (Formosa) and Penghu (the Pescadores) as well as the Spratly Islands and the Paracel Islands."[24]
The Philippines bases its claim on its geographical proximity to the Spratly Islands.[25]
In May 1956, the dispute escalated after Filipino national Tomas Cloma and his followers settled on the islands and declared the territory as "Freedomland", now known as Kalayaan for himself and later requested to make the territory a protectorate of the Philippines. Tomas Cloma even stole China (ROC)'s national flag from the Taiping Island. In July 1956, he apologised officially for his act and he surrendered the flag he stole to China's embassy in Manila. On 2 October 1956, he wrote a letter and ensured he would not make further training voyages or landings in the territorial waters of China (ROC).[26]
Philippine troops were sent to three of the islands in 1968, when the Philippines were under President Ferdinand Marcos. In the 1970s, some countries began to occupy islands and reefs in the Spratlys. The Spratlys were placed under the jurisdiction of the province of Palawan in 1978.
The PRC claims it is entitled to the Paracel and Spratly Islands because they were allegedly seen as integral parts of China under the Ming dynasty.[25] China and Taiwan have these same territorial claims.[25] The Republic of China (Taiwan) has controlled the largest island – Taiping Island – in the group since 1946.
Vietnam states that the islands have belonged to it since the 17th century, using historical documents of ownership as evidence.[25] Hanoi began to occupy the westernmost islands during this period.[25]
In the early 1970s, Malaysia joined the dispute by claiming the islands nearest to it.[27]
Brunei also extended its exclusive economic zone, claiming Louisa Reef.[27]
Optional exceptions to applicability of compulsory procedure
[edit]Article 298 of Section 3 of Part XV of the Convention provides optional exceptions to the applicability of compulsory procedures provided in Section 2. China made a declaration in 2006 in accordance with this provision of the Convention purporting not to accept any of the procedures provided for in section 2 of Part XV of the convention. Many countries including the United Kingdom, Australia, Italy, France, Canada, and Spain had made similar declarations to reject any of the procedures provided for in sections 2 of Part XV of the convention with respect to the different categories of disputes.[28] However, the Tribunal held that this dispute did not fall within the exceptions provided in Article 298, and was therefore admissible.[17]
Participants
[edit]The arbitration case involved the Philippines and China but only the Philippines participated in the arbitration.
Philippine stance
[edit]The Philippines contended that the "nine-dotted line" claim by China is invalid because it violates the UNCLOS agreements about exclusive economic zones and territorial seas.[29] It says that because most of the features in the South China Sea, such as most of the Spratly Islands, cannot sustain life, they cannot be given their own continental shelf as defined in the convention.[30]
- Agent: Office of the Solicitor General of the Philippines
- Counsel and Advocates
- Paul S. Reichler, Lawrence H. Martin and Andrew B. Loewenstein of Foley Hoag
- Professor Bernard H. Oxman of University of Miami School of Law
- Professor Philippe Sands QC of Matrix Chambers
- Professor Alan Boyle of Essex Court Chambers
Chinese stance
[edit]China refused to participate in the arbitration, stating that several treaties with the Philippines stipulate that bilateral negotiations be used to resolve border disputes. It also accuses the Philippines of violating the voluntary Declaration on the Conduct of Parties in the South China Sea, made in 2002 between ASEAN and China, which also stipulated bilateral negotiations as the means of resolving border and other disputes.[31][32][33] China issued a position paper in December 2014 arguing the dispute was not subject to arbitration because it was ultimately a matter of sovereignty, not exploitation rights.[34] China also cites the fact that it excluded itself from the compulsory arbitration provisions when it ratified UNCLOS.[35] Its refusal, did not prevent the arbitral tribunal from proceeding with the case.[36] In the official and binding international "Position Paper" sent by China to the court, it recognized the 1898 Treaty of Paris and the 1900 Treaty of Washington. Under the said 1900 Treaty of Washington which was a supplement to the 1898 Treaty of Paris, Scarborough Shoal and the Spratlys were recognized as part of the territory of the Philippines. China also reiterated that it recognizes the treaty between the United States and the United Kingdom in 1930, where both nations reiterated the recognition of Philippine territory, which included Scarborough Shoal and the Spratlys. The move came as a surprise to the Filipino delegation, where the Philippines' international law expert Antonio Carpio stated that China likely did not read the full text of the treaties it has reiterated.[37] After the award ruling, the PRC issued a statement rejecting it as 'null' and having decided not to abide by the arbitral tribunal's decision, said it will "ignore the ruling".[38]
Claimants of the South China Sea
[edit]Taiwanese stance
[edit]Taiwan, officially the Republic of China, stated that the South China Sea islands were first discovered, named, and used by Chinese people.[39][40] It currently administers Taiping Island or Itu Aba, the largest of the Spratly Islands, but was neither consulted nor invited to the arbitration. Taipei argues that Taiping can sustain human habitation with its freshwater wells and produce, and is thus an island under UNCLOS. It had invited the Philippines and five arbitrators to visit Taiping; the Philippines rejected the invitation, and there was no response from the arbitrators.[41] According to Ian Storey, a regional expert at the ISEAS–Yusof Ishak Institute, for decades, the common understanding among scholars was that "Itu Aba is the only island in the Spratlys".[42] After the tribunal downgraded Itu Aba to a rock, Taiwan rejected the ruling, saying it is "not legally binding on the ROC". It pointed out that the status of Itu Aba was not a point of contention raised by the Philippines, who had brought the case, but was opened up by the tribunal on its own initiative.[43][44] Lawmakers from the ruling KMT and the opposition DPP also joined in to express their disapprovals. Taiwan's Fisheries Agency declared that Taiwanese fishermen could continue to operate in the waters surrounding Taiping. The coast guard had already deployed a vessel to the area, and a naval frigate mission was pushed ahead of schedule in response to the ruling.[45][46][47]
Vietnamese stance
[edit]On 11 December 2014, Vietnam filed a statement to the tribunal which put forward three points: 1) Vietnam supports the filing of this case by the Philippines, 2) it rejects China's "nine-dashed line", and 3) it asks the arbitral tribunal to take note of Vietnam's claims on certain islands such as the Paracels.[48]
Other stances
[edit]Brunei sent its own UNCLOS claim through a preliminary submission prior to the arbitration.[49] In May 2009, Malaysia and Vietnam, as well as Vietnam alone, filed claims to the International Tribunal for the Law of the Sea with regard to the islands.[clarification needed] This was in relation to extending their claimed continental shelves and Exclusive Economic Zones. The People's Republic of China rejected the claims since those violate the "nine-dotted line". The Philippines challenged the Malaysian claim stating that the claims overlap with the North Borneo dispute.[50]
Indonesia made a comment on China's claim by saying that the features are rocks and cannot sustain life, effectively calling the Chinese claim invalid. The Philippines echoed Indonesia's claims, further stating that the islands belong to them through geographic proximity.[50][51]
Arbitration
[edit]The arbitral tribunal convened a Hearing on Jurisdiction and Admissibility on 7 to 13 July 2015, rendered an Award on Jurisdiction and Admissibility on 29 October 2015, convened a hearing on the merits from 24 to 30 November 2015, and issued a unanimous award on 12 July 2016.[17]
Hearings
[edit]On 7 July 2015, case hearings began with the Philippines asking the arbitral tribunal to invalidate China's claims. The hearings were also attended by observers from Indonesia, Japan, Malaysia, Thailand and Vietnam.[13] The case has been compared to Nicaragua v. United States due to similarities of the parties involved such as that a developing country is challenging a permanent member of the United Nations Security Council in an arbitral tribunal.[52]
On 29 October 2015, the tribunal ruled that it had the power to hear the case. It agreed to take up seven of the 15 submissions made by Manila, in particular whether Scarborough Shoal and low-tide areas like Mischief Reef can be considered islands. It set aside seven more pointed claims mainly accusing Beijing of acting unlawfully to be considered at the next hearing on the case's merits. It also told Manila to narrow down the scope of its final request that the judges order that "China shall desist from further unlawful claims and activities."[14]
The tribunal scheduled the hearing on merits of the case from 24 to 30 November 2015.[53]
Award on Jurisdiction and Admissibility
[edit]On 29 October 2015, the PCA published the award by the arbitral tribunal on Jurisdiction and Admissibility[54] for the case. The tribunal found that it has jurisdiction to consider the following seven Philippines' Submissions. (Each number is the Philippines' Submissions number.) The tribunal reserved consideration of its jurisdiction to rule on Nos. 1, 2, 5, 8, 9, 12, and 14.
- No.3 Philippines' position that Scarborough Shoal is a rock under Article 121(3).
- No.4 Philippines' position that Mischief Reef, Second Thomas Shoal, and Subi Reef are low tide elevations that do not generate entitlement to maritime zones.
- No.6 Whether Gaven Reef and McKennan Reef (including Hughes Reef) are low-tide elevations "that do not generate any maritime entitlements of their own".
- No.7 Whether Johnson Reef, Cuarteron Reef, and Fiery Cross Reef do or do not generate an entitlement to an exclusive economic zone or continental shelf.
- No.10 "premised on [the] fact that China has unlawfully prevented Philippine fishermen from carrying out traditional fishing activities within the territorial sea of Scarborough Shoal."
- No.11 "China's failure to protect and preserve the marine environment at these two shoals [Scarborough Shoal and Second Thomas Shoal]."
- No.13 Philippines' protest against China's "purported law enforcement activities as violating the Convention on the International Regulations for the Prevention of Collisions at Sea and also violating UNCLOS".
The tribunal stated in the award that there are continuing disputes in all of the 15 submissions from the Philippines,[54] but for submissions such as No.3, No.4, No.6 and No.7, no known claims from the Philippines prior to the initiation of this arbitration exist, and that China was not aware of (nor had previously opposed) such claims prior to the initiation of arbitration. For Submissions No.8 to No.14, the tribunal held the view that the lawfulness of China's maritime activities in the South China Sea is not related to sovereignty.
Award
[edit]On 12 July 2016, the PCA published the award by the arbitral tribunal which it states is final and binding as set out in the convention.[38][17] Conclusions expressed in the award included the following:
- Regarding the "Nine-Dash Line" and China's claim in the maritime areas of the South China Sea[10]
- The [UNCLOS] Convention defines the scope of maritime entitlements in the South China Sea, which may not extend beyond the limits imposed therein.[55]
- China's claims to historic rights, or other sovereign rights or jurisdiction, with respect to the maritime areas of the South China Sea encompassed by the relevant part of the 'nine-dash line' are contrary to the Convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China's maritime entitlements under the Convention. The Convention superseded any historic rights or other sovereign rights or jurisdiction in excess of the limits imposed therein.[56]
- Regarding the status of features as above/below water at high tide (Submissions no. 4 and 6)
- High-tide features: (a) Scarborough Shoal, (b) Cuarteron Reef, (c) Fiery Cross Reef, (d) Johnson Reef, (e) McKennan Reef, and (f) Gaven Reef (North).[57]
- Low-tide elevations: (a) Hughes Reef, (b) Gaven Reef (South), (c) Subi Reef, (d) Mischief Reef, (e) Second Thomas Shoal.[58]
- Hughes Reef lies within 12 nautical miles of the high-tide features on McKennan Reef and Sin Cowe Island, Gaven Reef (South) lies within 12 nautical miles of the high-tide features at Gaven Reef (North) and Namyit Island, and that Subi Reef lies within 12 nautical miles of the high-tide feature of Sandy Cay on the reefs to the west of Thitu.[59]
- Regarding the status of features as rocks/islands (Submissions no. 3, 5, and 7)
- Scarborough Shoal contains, within the meaning of Article 121(1) of the Convention, naturally formed areas of land, surrounded by water, which are above water at high tide. However, under Article 121(3) of the Convention, the high-tide features at Scarborough Shoal are rocks that cannot sustain human habitation or economic life of their own and accordingly shall have no exclusive economic zone or continental shelf.[60]
- Johnson Reef, Cuarteron Reef, and Fiery Cross Reef contain, within the meaning of Article 121(1) of the Convention, naturally formed areas of land, surrounded by water, which are above water at high tide. However, for purposes of Article 121(3) of the Convention, the high-tide features at Johnson Reef, Cuarteron Reef, and Fiery Cross Reef are rocks that cannot sustain human habitation or economic life of their own and accordingly shall have no exclusive economic zone or continental shelf.[61]
- The high-tide features at Gaven Reef (North) and McKennan Reef are rocks that cannot sustain human habitation or economic life of their own and accordingly shall have no exclusive economic zone or continental shelf.[62]
- Mischief Reef and Second Thomas Shoal are both low-tide elevations that generate no maritime zones of their own [and] that none of the high-tide features in the Spratly Islands are capable of sustaining human habitation or an economic life of their own within the meaning of those terms in Article 121(3) of the Convention. All of the high-tide features in the Spratly Islands are therefore legally rocks for purposes of Article 121(3) and do not generate entitlements to an exclusive economic zone or continental shelf. There is, accordingly, no possible entitlement by China to any maritime zone in the area of either Mischief Reef or Second Thomas Shoal and no jurisdictional obstacle to the tribunal's consideration of the Philippines' Submission No. 5.[63]
- Both Mischief Reef and Second Thomas Shoal are located within 200 nautical miles of the Philippines' coast on the island of Palawan and are located in an area that is not overlapped by the entitlements generated by any maritime feature claimed by China. It follows, therefore, that, as between the Philippines and China, Mischief Reef and Second Thomas Shoal form part of the exclusive economic zone and continental shelf of the Philippines.[64]
- Regarding alleged interference with the Philippines' sovereign rights in its EEZ and continental shelf (Submission no. 8)
- China has, through the operation of its marine surveillance vessels with respect to M/V Veritas Voyager on 1 to 2 March 2011 breached Article 77 of the Convention with respect to the Philippines' sovereign rights over the non-living resources of its continental shelf in the area of Reed Bank [and] that China has, by promulgating its 2012 moratorium on fishing in the South China Sea, without exception for areas of the South China Sea falling within the exclusive economic zone of the Philippines and without limiting the moratorium to Chinese flagged vessels, breached Article 56 of the Convention with respect to the Philippines' sovereign rights over the living resources of its exclusive economic zone.[65]
- Regarding alleged failure to prevent Chinese nationals from exploiting the Philippines' living resources (Submission no. 9)
- China has, through the operation of its marine surveillance vessels in tolerating and failing to exercise due diligence to prevent fishing by Chinese flagged vessels at Mischief Reef and Second Thomas Shoal in May 2013, failed to exhibit due regard for the Philippines' sovereign rights with respect to fisheries in its exclusive economic zone. Accordingly, China has breached its obligations under Article 58(3) of the Convention.[66]
- Regarding China's actions in respect of traditional fishing at Scarborough Shoal (Submission no. 10)
- China has, through the operation of its official vessels at Scarborough Shoal from May 2012 onwards, unlawfully prevented Filipino fishermen from engaging in traditional fishing at Scarborough Shoal.[67]
- Regarding alleged failure to protect and preserve the marine environment (Submissions no. 11 and 12(B))
- China has, through its toleration and protection of, and failure to prevent Chinese fishing vessels engaging in harmful harvesting activities of endangered species at Scarborough Shoal, Second Thomas Shoal and other features in the Spratly Islands, breached Articles 192 and 194(5) of the Convention.[68]
- China has, through its island-building activities at Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, Subi Reef and Mischief Reef, breached Articles 192, 194(1), 194(5), 197, 123, and 206 of the Convention.[69]
- Regarding occupation and construction activities on Mischief Reef (Submission no. 12)
- China has, through its construction of installations and artificial islands at Mischief Reef without the authorisation of the Philippines, breached Articles 60 and 80 of the Convention with respect to the Philippines' sovereign rights in its exclusive economic zone and continental shelf [and], as a low-tide elevation, Mischief Reef is not capable of appropriation.[70]
- Regarding operation of law enforcement vessels in a dangerous manner (Submission no. 13)
- China has, by virtue of the conduct of Chinese law enforcement vessels in the vicinity of Scarborough Shoal, created serious risk of collision and danger to Philippine vessels and personnel. The tribunal finds China to have violated Rules 2, 6, 7, 8, 15, and 16 of the COLREGS and, as a consequence, to be in breach of Article 94 of the Convention.[71]
- Regarding aggravation or extension of the dispute between the parties (Submission No. 14)
- China has in the course of these proceedings aggravated and extended the disputes between the Parties through its dredging, artificial island-building, and construction activities [in several particulars itemised in the award].[72]
- Regarding the future conduct of the parties (Submission no. 15)
- Both Parties are obliged to comply with the Convention, including its provisions regarding the resolution of disputes, and to respect the rights and freedoms of other States under the Convention. Neither Party contests this.[73]
Timeline
[edit]- 22 January 2013 – Philippines served China with notification and Statement of Claim[74]
- 19 February 2013 – China rejected the Philippines' Notification
- 11 July 2013 – First meeting of the arbitral tribunal at The Hague
- 31 July 2013 – Philippines commented on draft Rules of Procedure for the Tribunal
- 1 August 2013 – China indicated that "it does not accept the arbitration initiated by the Philippines"
- 27 August 2013 – Procedural Order No 1 issued via PCA Press Release on behalf of the arbitral tribunal[75]
- 30 March 2014 – Submission of the Philippines Memorial
- 14–15 May 2014 – Second meeting of the arbitral tribunal at The Hague
- 21 May 2014 – China comments on draft Procedural Order No 2 and observes that "it does not accept the arbitration initiated by the Philippines".
- 29 May 2014 – Philippines comments on draft Procedural Order No 2
- 2 June 2014 – Procedural Order No 2 issued via PCA Press Release on behalf of the arbitral tribunal[76]
- 15 December 2014 – China had not filed a Counter-Memorial[77]
- 16 December 2014 – Procedural Order No 3 issued via PCA Press Release on behalf of the arbitral tribunal[78]
- 16 March 2015 – The Philippines made a Supplemental Written Submission to the Arbitral Tribunal[79]
- 20–21 April 2015 – Third meeting of the arbitral tribunal at The Hague[79]
- 21 April 2015 – Procedural Order No 4 issued via PCA Press Release on behalf of the arbitral tribunal[80]
- 7–13 July 2015 – Hearing of the arbitral tribunal at The Hague[81][82]
- 29 October 2015 – PCA issued award on jurisdiction and admissibility[54]
- 12 July 2016 – PCA issued award on merits[10]
International reactions
[edit]Before the ruling
[edit]There are countries and multinational bodies that have expressed support or opposition to the Philippines' move to take the South China Sea dispute to the Permanent Court of Arbitration. These entities however may not necessarily support either sides when it comes to the ownership of the disputed area affected by the case.
National governments
[edit]Compiled from the Center for Strategic and International Studies,[83] the Council of the EU and the European Council,[84] and the Philippine Daily Inquirer[85]
- Support for the arbitration/Denial of PRC's claim
Albania
Australia[86][87]
Austria
Belgium
Botswana[88]
Bosnia and Herzegovina
Bulgaria
Canada[89][90]
Croatia
Cyprus
Czech Republic[91]
Denmark
Estonia
Fiji
Finland
France[89][92]
Germany[93][94]
Greece
Indonesia
Italy[95][96]
Japan[96][97]
Latvia
Liechtenstein
Lithuania
Luxembourg
Malaysia
Malta
Moldova
Montenegro
Netherlands
New Zealand[98]
Poland[99]
Portugal
Romania
Singapore
Slovakia
Slovenia
Spain[100]
Sweden
Thailand
United Kingdom[101]
United States[102]
Vietnam[48][103]
- Opposed to arbitration
- No public confirmation of stance towards the arbitration
ASEAN
[edit]Within the Association of Southeast Asian Nations (ASEAN), Malaysia and Vietnam, who have territorial claims in the South China Sea, as well as Australia, Indonesia, Japan, Singapore and Thailand, sent observers to the proceedings.[106][107]
In June 2016, before the tribunal issued its ruling, Malaysia's foreign ministry released what it said was a joint statement of ASEAN expressing "serious concern" over land reclamation activities in the South China Sea. Within hours of issuing the statement, Malaysia announced that ASEAN wanted the statement retracted for "urgent amendments". Malaysian Foreign Ministry's Secretary General Othman Hashim later claimed that ASEAN's foreign ministers had "unanimously agreed" to the statement at a meeting, and that "Subsequent developments pertaining to the media statement took place after the departure of the ASEAN foreign ministers".[108]
Cambodian Prime Minister Hun Sen later gave a speech condemning reports that Cambodia had had the statement retracted in order to please China, saying, "Cambodia will not be a puppet of anyone on the South China Sea issue."[109] Hun Sen suggested the case was a "political conspiracy" and that the ruling "will not be fair",[110] but also said that "Cambodia will just choose to stay neutral on this issue."[109] A few days after Hun Sen's speech, the Cambodian People's Party, which Hun Sen heads, issued a statement backing him. According to the statement, "The CPP would like to reject unjust allegations that Cambodia has destroyed the issuing of a joint statement from ASEAN on the issue of the South China Sea both in Kunming recently and in 2012".[111]
On 9 July, shortly before the tribunal issued its ruling, Cambodia's foreign ministry issued a statement reiterating that Cambodia would not join any ASEAN statement on the ruling.[112]
Australia
[edit]Australia has not sought to take a public position on the matter other than to state that the ruling of the tribunal should be respected.[113][114] However, Australia has recognised the right of the Philippines to seek arbitration.[87]
European Union
[edit]European Union encourages all parties to seek peaceful solutions, through dialogue and cooperation, in accordance with international law – in particular with the UN Convention on the Law of the Sea.[115] A foreign affairs of the EU issued a statement saying "Whilst not taking a position on claims, the EU is committed to a maritime order based upon the principles of international law, in particular as reflected in the United Nations Convention on the law of the Sea (UNCLOS),".[116] The EU later stressed that China should respect the ruling from the Hague.[117]
Group of Seven
[edit]The Group of 7 (Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States as well as a representation from the European Union) made a statement that the bloc should issue a "clear signal" to China's overlapping claims.[118] European Council President Donald Tusk said on the sidelines of a summit in Ise-Shima that the bloc should take a "clear and tough stance" on China's contested maritime claims.[119]
India
[edit]In August 2015, a junior Minister of State of India, V K Singh, told that territorial disputes should be resolved through peaceful means as was done by India and Bangladesh using the mechanisms provided by the UNCLOS, and parties should abide by the Declaration of the Conduct of Parties in the South China Sea.[120] In October 2015, the Foreign Minister of India Sushma Swaraj stated in a joint statement that India supports a peaceful settlement of the dispute. Peaceful means should be used according to the principles of international law, including the UNCLOS. In April 2016, Foreign Minister Sushma Swaraj stated in a communique that Russia, India and China agreed to maintain legal order of seas based on international law, including the UNCLOS, and all related disputes should be addressed through negotiations and agreements between the parties concerned.[121]
New Zealand
[edit]The foreign secretary of New Zealand stated in a speech that New Zealand supports the right to seek arbitration on South China Sea disputes.[98]
North Atlantic Treaty Organization
[edit]NATO General Petr Pavel said NATO has "no legal platform" to intervene militarily in the South China Sea territorial disputes, and NATO will not interfere in other region's issues. NATO supports any regional solutions based on political and diplomatic negotiations, "rules-based international system" and peaceful means for resolving discord.[122][91]
People's Republic of China
[edit]On 14 April 2016, the Fijian government issued a statement to correct a previous media release by China and stated that the Fijian government did not support China's proposition.[123]
In May 2016, Chinese Foreign Ministry spokesperson Hua Chunying said that more than 40 countries had expressed their support for China's position.[124] One 19 May 2016, Foreign Ministry spokesperson Hong Lei stated that Brunei, Mozambique, and Slovenia supported China's stance for negotiations to resolve South China Sea issues.[125] In July 2016, it was reported that more than 70 countries had called for the South China Sea dispute to be resolved through negotiations, not arbitration, although American media and think tanks have expressed doubt, with the Center for Strategic and International Studies (CSIS) via its Asia Maritime Transparency Initiative (AMTI) putting the number at ten.[126][127]
Shanghai Cooperation Organisation
[edit]In a statement of the Shanghai Cooperation Organisation Secretary-General Rashid Olimov on South China Sea issue, all SCO countries agreed and supported China's efforts made to safeguard peace and stability in the South China Sea. Directly concerned states should resolve disputes through negotiation and consultation in accordance with all bilateral treaties and the Declaration on the Conduct of Parties in the South China Sea (DOC), the statement said. It urged to respect the right of every sovereign state to decide by itself the dispute resolution methods, and strongly opposed outsiders' intervention into the South China Sea issue, as well as the attempt to internationalise the dispute.[128]
South Korea
[edit]During the 2015 East Asia Summit, South Korea's President Park Geun-hye stated that concerned parties should observe the Declaration on the Conduct of Parties in the South China Sea and that disputes should be resolved according to international law. "Korea has consistently stressed that the dispute must be peacefully resolved according to international agreements and code of conduct" and "China must guarantee the right of free navigation and flight.[129][130] The Asahi Shimbun reports that the United States has made an unofficial request to South Korea to express its position on the arbitration case before the ruling but South Korea reportedly turned down the request saying its difficult make a position prior to the ruling.[131]
After the ruling
[edit]National governments
[edit]Compiled from the Center for Strategic and International Studies,[21] the Council of the EU and the European Council,[132] and ASEAN[133]
- Supported ruling to be respected
- Positively acknowledged ruling without any calls for compliance
- Neutral
- Opposed ruling
Statements from National governments
[edit]Australia: On 15 July 2016, Australian Minister for Defence, Marise Payne, and Minister for Foreign Affairs, Julie Bishop, stated that they regard the ruling "as final, and as binding", and urged all parties involved in the dispute to "abide by the ruling." The ministers also further described the court's ruling as "consistent" with the Australia's position on the matter.[155]
Canada: On 21 July 2016, Canadian Minister of Foreign Affairs, Stéphane Dion stated "Whether one agrees or not with the ruling, Canada believes that parties should comply with it. All parties should seize this opportunity as a stepping stone to renewed efforts to peacefully manage and resolve their disputes, in accordance with international law.[135] Dion reiterated Canada's commitment to "the maintenance of international law and to an international rules-based order for the oceans and seas" to resolve the dispute.[156] He also added " We are deeply concerned about regional tensions that have been escalating for a number of years and have the potential to undermine peace and stability. It is essential that all states in the region exercise restraint and avoid coercion and actions that will escalate tension".[156]
China: On 12 July 2016, China stated that it will not accept the ruling.[19] According to the Chinese Ministry of Foreign Affairs, it states "With regard to the award rendered on 12 July 2016 by the Arbitral Tribunal in the South China Sea arbitration established at the unilateral request of the Republic of the Philippines (hereinafter referred to as the "Arbitral Tribunal"), the Ministry of Foreign Affairs of China solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognises it."[150] Xi Jinping, paramount leader of China stated that China's "territorial sovereignty and marine rights" in the seas would not be affected by the ruling.[19] He also stated that China was still committed to resolving the dispute with its neighbours.[19]
India: On 12 July 2016, Indian ministry of external affairs stated that the country supports freedom of navigation, and urged all parties to demonstrate an utmost respect for the UNCLOS.[157] However, the change in India's posture was mentioned in a joint statement issued by India and the Philippines after the fifth Joint Commission on bilateral cooperation in July 2023. "They underlined the need for a peaceful settlement of disputes and for an adherence to international law, especially the UNCLOS and the 2016 Arbitral Award on the South China Sea in this regard."[137]
Indonesia: On 13 July 2016, Indonesia called on all parties involved in the territorial dispute to exercise self-restraint and to respect applicable international laws.[158]
Japan: On 16 July 2016, Japan stated that the arbitration court's ruling "is legally binding and must be respected by all parties," thus urged Beijing to respect and comply the ruling.[159]
Malaysia: On 13 July 2016, Malaysia called for parties involved to exercise self-restraint to avoid escalating tension. The country Foreign Ministry said in a statement that "It is important to maintain peace, security and stability through the exercise of self-restraint in the conduct of activities that may further complicate disputes or escalate tension and avoid the threat or use of force in the South China Sea".[160]
Pakistan: On 12 July 2016, Pakistan supported the Chinese position, that the dispute in South China Sea should be peacefully resolved through bilateral negotiations. Pakistan rejected the ruling, calling it a "unilateral imposition of decisions on others".[161][162]
Singapore: On 12 July 2016, Singapore urged that all parties involved in the South China Sea dispute to respect the legal and diplomatic processes.[163]
South Korea: On 13 July 2016, South Korea stated that the country supports freedom of navigation and overflight in South China Sea, and support the peaceful means in resolving dispute according to international law.[164]
Vietnam: On 12 July 2016, Vietnam immediately welcomed the arbitration tribunal ruling, thus announced that the country supports peace and order, also freedom of navigation and overflight in the region.[165]
United Nations
[edit]The United Nations says it has no position regarding the legal or procedural merits of the case and the underlying disputes. [166][167] On 12 July, the Secretary-General expressed his hope for continued consultations between ASEAN and China "under the framework of the Declaration of the Conduct of Parties in the South China Sea."[168]
The UN's International Court of Justice says it has no involvement in the case.[169]
ASEAN
[edit]On 25 July 2016, in Vientiane, Laos, ASEAN issued the joint statement regarding the South China Sea disputeː ensure and promote the peace, stability, and security in the region.[133]
The 36th ASEAN Summit was held virtually on 26 June 2020. Vietnam, as the Chairman of the Summit, released the Chairman's Statement. The Statement said the United Nations Convention on the Law of the Sea is "the basis for determining maritime entitlements, sovereign rights, jurisdiction and legitimate interests over maritime zones, and the 1982 UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out."[170]
Other reactions
[edit]According to F-Secure, hackers in 2016 infiltrated and extracted confidential information from the Philippines' Department of Justice and the international legal firm which had represented the Philippines at the Hague. The firm said the hack was likely backed by the Chinese government.[171]
Academic Graham Allison observed in 2016, "None of the five permanent members of the UN Security Council have ever accepted any international court's ruling when (in their view) it infringed their sovereignty or national security interests. Thus, when China rejects the Court's decision in this case, it will be doing just what the other great powers have repeatedly done for decades."[172]
Philippine government
[edit]President Rodrigo Duterte hoped a non-confrontational approach to China could eventually lead to joint exploration of the West Philippine Sea.[173] At the same time, he ordered the armed forces of the Philippines to occupy and fortify several uninhabited islands in the South China Sea in April 2017[174] and build structures on Benham Rise.[175] A month later, he signed an executive order formally renaming Benham Rise to Philippine Rise.[176] In May 2017, Duterte said Chinese president Xi Jinping had threatened war if the Philippines tried to enforce the arbitration ruling and drill for oil.[177]
In November 2018, the Philippines and China signed 29 agreements, including cooperation on the Belt and Road Initiative and a memorandum of understanding on joint oil-and-gas developments.[178][179] In September 2019, Duterte said Xi had offered the Philippines a controlling stake in a gas deal in the Reed Bank if the Philippines set aside the Hague ruling.[180]
By June 2020, Duterte was gradually distancing the Philippines from China.[181][173] In July that year, he called on the Department of Foreign Affairs to demand China recognize the arbitration ruling.[173] On 22 September 2020, during a speech at the UN, he said, "The award is now part of international law, beyond compromise and beyond the reach of passing governments to dilute, diminish, or abandon."[182]
See also
[edit]- Baselines of the Chinese territorial sea
- Baselines of the Philippines
- Territorial disputes in the South China Sea
- Island Chain Strategy
- East Asian foreign policy of the Barack Obama administration
- Nicaragua v. United States
- Mauritius v. United Kingdom
- List of irredentist claims or disputes
References
[edit]Citations
[edit]- ^ "The South China Sea Arbitration (The Republic of Philippines v. The People's Republic of China)". Archived from the original on 23 December 2020. Retrieved 25 December 2020.
- ^ https://www.itlos.org/en/main/jurisdiction/declarations-of-states-parties/declarations-made-by-states-parties-under-article-298/#:~:text=The%20Government%20of%20the%20People's%20Republic%20of%20China%20does%20not,Article%20298%20of%20the%20Convention. The Government of the People’s Republic of China does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a) (b) and (c) of Article 298 of the Convention.
- ^ Wu, Shicun (2013). Solving Disputes for Regional Cooperation and Development in the South China Sea: A Chinese Perspective. Chandos Asian Studies Series. Elsevier Reed. p. 79 "History of the U-shaped line". ISBN 978-1780633558. Archived from the original on 7 April 2023. Retrieved 13 February 2021.
- ^ "Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements". United Nations. Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations. 3 September 2020. Archived from the original on 14 April 2009. Retrieved 12 February 2021.
- ^ "Seventh Press Release 29102015". Permanent Court of Arbitration. 29 October 2015. Archived from the original on 10 March 2022. Retrieved 30 January 2022.
- ^ "First Press Release". Permanent Court of Arbitration. 27 August 2013. Archived from the original on 10 March 2022. Retrieved 30 January 2022.
- ^ "PHL PRC China Note Verbale". Archived from the original on 19 September 2016. Retrieved 27 August 2016.
- ^ Chinese Society of International Law. The Tribunal's Award in the "South China Sea Arbitration" Initiated by the Philippines Is Null and Void (Report). Archived from the original on 22 August 2016. Retrieved 12 June 2016.
- ^ Ministry of Foreign Affairs of the People's Republic of China. Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines (Report). Archived from the original on 7 June 2016. Retrieved 12 June 2016.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y "Award: PCA case N° 2013-19 in the matter of the South China Sea arbitration". Permanent Court of Arbitration. 12 July 2016. Archived from the original on 30 January 2022. Retrieved 30 January 2022.
- ^ PCA Award, Section II(B), p. 12.[10]
- ^ PCA Award, Section IV(B)(6), p. 63.[10]
- ^ a b "Philippines asks tribunal to invalidate China's sea claims". The Philippine Star. Associated Press. 2015. Archived from the original on 12 October 2016. Retrieved 17 July 2016.
- ^ a b "World tribunal to hear South China Sea case". Bangkok Post. 30 October 2015. Archived from the original on 7 April 2023. Retrieved 3 August 2022.
- ^ PCA Award, Section V(F)(d)(264, 266, 267), p. 113.[10]
- ^ PCA Award, Section V(F)(d)(278), p. 117.[10]
- ^ a b c d "Eleventh Press Release 12072016 (English)". Permanent Court of Arbitration. 7 December 2016. Archived from the original on 20 January 2022. Retrieved 30 January 2022.
- ^ Perlez, Jane (12 July 2016). "Tribunal Rejects Beijing's Claims in South China Sea". The New York Times. ISSN 0362-4331. Archived from the original on 13 July 2016. Retrieved 12 July 2016.
- ^ a b c d Phillips, Tom; Holmes, Oliver; Bowcott, Owen (12 July 2016). "Beijing rejects tribunal's ruling in South China Sea case". The Guardian. Archived from the original on 12 July 2016. Retrieved 26 July 2016.
- ^ Zannia, Neyla (14 July 2016). "Taiwan rejects ruling on South China Sea with Taiping Island defined as 'rocks'". The Online Citizen. Archived from the original on 15 July 2016. Retrieved 26 July 2016.
- ^ a b "Arbitration Support Tracker | Asia Maritime Transparency Initiative". Center for Strategic and International Studies. Archived from the original on 30 January 2022.
- ^ "Daily Press Briefing by the Office of the Spokesperson for the Secretary-General". United Nations. 12 July 2016. Archived from the original on 12 November 2020. Retrieved 27 October 2020.
- ^ "Treaty of Peace with Japan". Taiwan Documents Project. 2013. Archived from the original on 8 February 2006. Retrieved 19 November 2013. See also: United Nations Treaty Series 1952 (reg. no. 1832), vol. 136, pp. 45–164.
- ^ a b Ying, Fu; Wu, Shicun (2016). "South China Sea: How We Got to This Stage". Archived from the original on 16 June 2016. Retrieved 7 June 2016.
- ^ a b c d e "Q&A: South China Sea dispute". BBC News. 15 May 2013. Archived from the original on 17 October 2013. Retrieved 19 November 2013.
- ^ Fu, Kuen-Chen. South China Sea: Conflict Or Cooperation?. Archived from the original on 17 March 2020. Retrieved 7 June 2016.[time needed]
- ^ a b Valencia, Mark J.; Van Dyke, Jon M.; Ludwig, Noel A. (1999). Sharing the Resources of the South China Sea. University of Hawaii Press. pp. 36–38. ISBN 9780824818814. Archived from the original on 7 April 2023. Retrieved 5 October 2020.
- ^ "Declarations or Statements upon UNCLOS ratification". Archived from the original on 6 February 2013. Retrieved 29 June 2017.
- ^ "The Republic of the Philippines v. The People's Republic of China". Permanent Court of Arbitration. Archived from the original on 20 August 2018. Retrieved 24 October 2013.
- ^ Del Cappar, Michaela (25 April 2013). "ITLOS completes five-man tribunal that will hear PHL case vs. China". GMA News One. Archived from the original on 30 October 2015. Retrieved 24 October 2013.
- ^ Torode, Greg (27 September 2013). "Philippines South China Sea legal case against China gathers pace". Reuters. Archived from the original on 15 February 2016. Retrieved 24 October 2013.
- ^ "China rejects arbitration on disputed islands in S.China Sea CCTV News – CNTV English". Archived from the original on 29 October 2013. Retrieved 24 October 2013.
- ^ "DECLARATION ON THE CONDUCT OF PARTIES IN THE SOUTH CHINA SEA". Association of Southeast Asian Nations. 14 May 2012. Archived from the original on 22 February 2016. Retrieved 14 February 2016.
- ^ Ben Blanchard (24 July 2015),China also says U.S. is trying to influence Philippines' sea case Archived 31 August 2021 at the Wayback Machine Reuters.
- ^ Zhao, Suisheng (2023). The dragon roars back : transformational leaders and dynamics of Chinese foreign policy. Stanford, California: Stanford University Press. p. 108. ISBN 978-1-5036-3088-8. OCLC 1331741429.
- ^ Peterson, Luke Eric (28 August 2013). "Philippines-China UNCLOS arbitration moving forward without Chinese participation". Kluwer Arbitration Blog. Archived from the original on 29 October 2013. Retrieved 24 October 2013.
- ^ https://www.youtube.com/watch?v=UKf8iQ1Vje4
- ^ a b Harvey, Adam (13 July 2016). "Philippines celebrates victory in South China Sea case, despite China's refusal to accept result". ABC News. Archived from the original on 13 July 2016. Retrieved 13 July 2016.
- ^ "Statement on the South China Sea". Ministry of Foreign Affairs, Republic of China (Taiwan). 18 March 2022.
- ^ hueviet (13 April 2016). "Water source crucial in determining status of Itu Aba". Archived from the original on 26 January 2021. Retrieved 10 June 2016.
- ^ "Philippines rejects invitation to Taiping: Foreign Ministry". Archived from the original on 30 August 2017. Retrieved 10 June 2016.
- ^ "On South China Sea islet, Taiwan argues Philippines case is far from watertight". Reuters. 23 March 2016.
- ^ "PH leaves 'Taiping Island' issue to UN". Manila Bulletin. Archived from the original on 7 April 2023. Retrieved 10 June 2016.
- ^ "Taiping Island deserves exclusive economic zone: president – Politics – FOCUS TAIWAN – CNA ENGLISH NEWS". Archived from the original on 10 December 2019. Retrieved 10 June 2016.
- ^ Jun Mai; Shi Jiangtao (12 July 2016). "Taiwan-controlled Taiping Island is a rock, says international court in South China Sea ruling". South China Morning Post. Archived from the original on 15 July 2016. Retrieved 13 July 2016.
- ^ Chow, Jermyn (12 July 2016). "Taiwan rejects South China Sea ruling, says will deploy another navy vessel to Taiping". The Straits Times. Archived from the original on 17 June 2018. Retrieved 13 July 2016.
- ^ Tiezzi, Shannon (13 July 2016). "Taiwan: South China Sea Ruling 'Completely Unacceptable'". The Diplomat. Archived from the original on 18 April 2022. Retrieved 18 April 2022.
- ^ a b "South China Sea Tensions Flare as Vietnam Files Stance to Court". Bloomberg. Archived from the original on 13 December 2014.
- ^ "Brunei Darussalam's Preliminary Submission concerning the Outer Limits of its Continental Shelf" (PDF). United Nations. Archived (PDF) from the original on 25 October 2012. Retrieved 19 November 2013.
- ^ a b "Submissions to the Commission: Joint submission by Malaysia and the Socialist Republic of Viet Nam". United Nations Division for Ocean Affairs and the Law of the Sea. 3 May 2011. Archived from the original on 8 July 2017. Retrieved 19 November 2013.
- ^ "CLCS submissions and claims in the South China Sea, by Robert C. Beckman & Tara Davenport". SouthChinaSeaStudies.org. 11 August 2011. Archived from the original on 6 March 2016. Retrieved 19 November 2013.
- ^ Esmaquel, Paterno II (11 July 2015). "PH lawyer vs China: 'Giant slayer' who defeated US". Rappler. Archived from the original on 11 July 2015. Retrieved 12 July 2015.
- ^ "Tribunal schedules hearing on merits of PH arbitration case against China". Update.PH. 10 November 2015. Archived from the original on 16 November 2015. Retrieved 11 November 2015.
- ^ a b c "Award on Jurisdiction and Admissibility". Permanent Court of Arbitration. 29 October 2015. Archived from the original on 3 May 2022. Retrieved 30 January 2022.
- ^ PCA Award, Section V(F)(d)(277), p.116.[10]
- ^ PCA Award, Section V(F)(d)(278), p. 117.[10]
- ^ PCA Award, Section VI(B)(5)(d)(382), p.174.[10]
- ^ PCA Award, Section VI(B)(5)(d)(383), p. 174.[10]
- ^ PCA Award, Section VI(B)(5)(d)(384), p. 174.[10]
- ^ PCA Award, Section VI(C)(5)(f)(643), p. 259.[10]
- ^ PCA Award, Section VI(C)(5)(f)(644), p. 259.[10]
- ^ PCA Award, Section VI(C)(5)(f)(645), p.259.[10]
- ^ PCA Award, Section VI(C)(5)(f)(646), p.259-260.[10]
- ^ PCA Award, Section VI(C)(5)(f)(647), p. 260.[10]
- ^ PCA Award, Section VII(A)(5)(c)(716), p. 286.[10]
- ^ PCA Award, Section VII(B)(5)(d)(757), p.297.[10]
- ^ PCA Award, Section VII(C)(5)(c)(814), p. 318.[10]
- ^ PCA Award, Section VII(D)(5)(e)(992), p. 397.[10]
- ^ PCA Award, Section VII(D)(5)(e)(993), p. 397.[10]
- ^ PCA Award, Section VII(E)(5)(c)(1043), p. 415.[10]
- ^ PCA Award, Section VII(F)(5)(d)(1109), p. 435.[10]
- ^ PCA Award, Section VIII(E)(4)(1181), p. 464.[10]
- ^ PCA Award, Section IX(D)(1201), p. 469.[10]
- ^ Rothwell, Donald R. (30 January 2015). "The Arbitration between the People's Republic of China and the Philippines Over the Dispute in the South China Sea". ANU College of Law Research Paper (14–48). SSRN 2557871.
- ^ "Procedural Order No. 1". Permanent Court of Arbitration. 27 August 2013. Archived from the original on 2 March 2022. Retrieved 30 January 2022.
- ^ "Procedural Order No. 2". Permanent Court of Arbitration. 2 June 2014. Archived from the original on 30 April 2022. Retrieved 30 January 2022.
- ^ "Third Press Release". Permanent Court of Arbitration. 17 December 2014. Archived from the original on 18 June 2022. Retrieved 30 January 2022.
- ^ "Procedural Order No. 3". Permanent Court of Arbitration. 16 December 2014. Archived from the original on 22 August 2018. Retrieved 30 January 2022.
- ^ a b "Fourth Press Release". Permanent Court of Arbitration. 22 April 2015. Archived from the original on 27 January 2022. Retrieved 30 January 2022.
- ^ "Procedural Order No. 4". Permanent Court of Arbitration. 21 April 2015. Archived from the original on 20 January 2022. Retrieved 30 January 2022.
- ^ "Fifth Press Release". Permanent Court of Arbitration. 7 July 2015. Archived from the original on 22 December 2022. Retrieved 30 January 2022.
- ^ "Sixth Press Release". Permanent Court of Arbitration. 13 July 2015. Archived from the original on 18 June 2022. Retrieved 30 January 2022.
- ^ "Arbitration Support Tracker | Asia Maritime Transparency Initiative". Center for Strategic and International Studies. 16 June 2016. Archived from the original on 22 April 2020. Retrieved 28 January 2018.
- ^ "Declaration by the High Representative on behalf of the EU on Recent Developments in the South China Sea" (Press release). Foreign affairs & international relations, Council of the EU. 11 March 2016. Archived from the original on 11 January 2017. Retrieved 28 June 2016.
the EU urges all claimants [...] to pursue them in accordance with international law including UNCLOS and its arbitration procedures
- ^ "7 countries send observers to monitor PH case vs China". Philippine Daily Inquirer. 26 November 2015. Archived from the original on 14 August 2016. Retrieved 28 June 2016.
- ^ Flitton, Daniel (12 July 2016). "High stakes on the high seas: Philippines v China at The Hague". SMH. SMH. Archived from the original on 24 January 2017. Retrieved 21 January 2017.
- ^ a b Ben Blanchard; Tim Kelly (16 February 2016). "China raps Australia foreign minister ahead of Beijing trip". Reuters. Archived from the original on 6 June 2016. Retrieved 28 June 2016.
- ^ "South China Sea" (PDF) (Press release). Gaborone, Botswana: Ministry of Foreign Affairs and International Cooperation, Republic of Botswana. 17 February 2016. Retrieved 28 June 2016.[permanent dead link]
- ^ a b "G7 Foreign Ministers' Statement on Maritime Security April 11, 2016 Hiroshima, Japan" (PDF). Archived from the original (PDF) on 28 January 2018. Retrieved 28 January 2018.
- ^ "G7's intent to send 'signal' on maritime claims rankles China". CBC News. 26 May 2016. Archived from the original on 25 December 2017. Retrieved 28 January 2018.
- ^ a b "NATO General Says China Should Respect Tribunal on Maritime Claim". 3 June 2016. Archived from the original on 23 June 2016. Retrieved 7 June 2016.
- ^ Panda, Ankit. "French Defense Minister to Urge EU South China Sea Patrols". The Diplomat. Archived from the original on 28 January 2018. Retrieved 28 January 2018.
- ^ "Germany backs Philippines' position to settle territorial disputes peacefully". The Manila Times. Philippine News Agency. 20 September 2014. Archived from the original on 1 December 2014. Retrieved 29 May 2016.
- ^ Tiezzi, Shannon. "In China, Germany's Merkel Talks Trade, Syria, and South China Sea". The Diplomat. Archived from the original on 5 April 2016. Retrieved 30 May 2016.
She [German Chancellor, Angela Merkel] called the disputes "a serious conflict" and gently offered her support for a legal solution: "I am always a bit surprised why in this case multinational courts should not be an option for a solution". Merkel also emphasized Germany's "wish that the sea trade routes stay free and safe, because they are important for all".
- ^ Romero, Alexis (4 December 2016). "Italy backs Philippines on UN arbitration over sea dispute". The Philippine Star. Archived from the original on 8 August 2016. Retrieved 26 May 2016.
- ^ a b "G7 Ise-Shima Leaders' Declaration: G7 Ise-Shima Summit, 26–27 May 2016" (PDF). Minister of Foreign Affairs Japan. Archived from the original (PDF) on 28 January 2018. Retrieved 28 January 2018.
- ^ Diola, Camille (1 April 2014). "Japan backs Philippines' legal move vs. China". The Philippine Star. Archived from the original on 11 January 2017. Retrieved 29 May 2016.
- ^ a b Murray McCully (New Zealand Minister of Foreign Affairs) (9 March 2016). Address to Lee Kuan Yew School of Public Policy (Speech). Singapore. Archived from the original on 22 August 2016. Retrieved 28 June 2016.
We also support the role arbitration can play in resolving complex disputes and we support states' rights to access dispute settlement mechanisms. [...] We expect all parties to respect the result of the Tribunal's ruling.
- ^ "China Caucus Blog". House.gov. Archived from the original on 1 August 2016. Retrieved 28 January 2018.
- ^ "Spain to support PH in sea row". Philippine Daily Inquirer. 16 September 2014. Archived from the original on 1 July 2016. Retrieved 28 June 2016.
- ^ "David Cameron: China must abide by ruling on South China Sea". The Guardian. Archived from the original on 28 January 2018. Retrieved 28 January 2018.
- ^ Barack Obama (16 February 2016). Remarks by President Obama at U.S.-ASEAN Press Conference (Speech). whitehouse.gov. California, USA. Archived from the original on 21 January 2017. Retrieved 28 June 2016 – via National Archives.
And we discussed how any disputes between claimants in the region must be resolved peacefully, through legal means, such as the upcoming arbitration ruling under the U.N. Convention of the Law of the Seas, which the parties are obligated to respect and abide by.
- ^ "VN backs peaceful solutions to disputes in East Sea". Archived from the original on 28 January 2018. Retrieved 28 January 2018.
- ^ "Kenya Backs China's Approach to South China Sea Disputes". Archived from the original on 17 June 2016. Retrieved 14 June 2016.
- ^ "Taiwan rejects arbitration on South China Sea: Foreign ministry". Radio Taiwan International. Archived from the original on 15 December 2016. Retrieved 1 July 2016.
- ^ Mina Pollmann; The Diplomat. "Amid South China Sea Tensions, Japan Strengthens Ties With Philippines, Vietnam". The Diplomat. Archived from the original on 7 March 2021. Retrieved 12 February 2021.
- ^ Calleja, Niña P. "7 countries send observers to monitor PH case vs China". Philippine Daily Inquirer. Archived from the original on 14 August 2016. Retrieved 28 June 2016.
- ^ "Login – Kyodo News". Archived from the original on 21 July 2016. Retrieved 15 September 2016.
- ^ a b "Login – Kyodo News". Archived from the original on 16 September 2016. Retrieved 15 September 2016.
- ^ "Hun Sen denies Cambodia caved in to Chinese pressure on Asean statement". Archived from the original on 13 October 2016. Retrieved 15 September 2016.
- ^ "CPP Backs PM on South China Sea". 23 June 2016.
- ^ "Statement of the Ministry of Foreign Affairs and International Cooperation on Cambodia's Position over South China Sea". Archived from the original on 19 September 2016. Retrieved 15 September 2016.
- ^ "Australia and the South China Sea arbitration case – The Strategist". 17 December 2015. Archived from the original on 25 June 2016. Retrieved 29 June 2016.
- ^ "Australia: Nations will respect tribunal on S China Sea". Archived from the original on 3 February 2016. Retrieved 29 June 2016.
- ^ "Philippines, EU show common stance on China". Rappler. Archived from the original on 11 January 2017. Retrieved 27 May 2016.
- ^ "European Union sides with United States on South China Sea incident". Reuters. 31 October 2015. Archived from the original on 3 July 2017. Retrieved 1 July 2017.
- ^ "South China Sea: Britain says court of arbitration ruling must be binding". TheGuardian.com. Reuters. 19 April 2016. Archived from the original on 11 January 2017. Retrieved 17 December 2016.
- ^ "G7 sees need to send strong message on South, East China Sea disputes". 26 May 2016. Archived from the original on 27 May 2016.
{{cite web}}
: CS1 maint: unfit URL (link) - ^ "Chinese state media warns G7 against South China Sea 'meddling'". 26 May 2016. Archived from the original on 25 June 2016. Retrieved 27 May 2016.
- ^ "India once again ticks of China over South China Sea issue". Firstpost. 8 August 2015. Archived from the original on 8 November 2020. Retrieved 25 May 2016.
- ^ "Joint Communiqué of the 14th Meeting of the Foreign Ministers of the Russian Federation, the Republic of India and the People's Republic of China". Archived from the original on 4 August 2016. Retrieved 22 June 2016.
- ^ "Nato has 'no legal platforms' to intervene militarily in South China Sea". The Straits Times. 3 June 2016. Archived from the original on 7 June 2016. Retrieved 12 July 2016.
- ^ "Fiji doesn't support China in maritime dispute". Archived from the original on 10 August 2016. Retrieved 29 June 2016.
- ^ "China says more than 40 countries support its stance on South China Sea dispute". Reuters. 20 May 2016. Archived from the original on 8 November 2020. Retrieved 14 June 2016.
- ^ "Foreign Ministry Spokesperson Hong Lei's Regular Press Conference on May 19, 2016". Archived from the original on 24 February 2021. Retrieved 17 June 2016.
- ^ "[Reporter's notebook] How S. Korea squandered its diplomatic goodwill with China". Archived from the original on 25 July 2016. Retrieved 24 July 2016.
- ^ "Who Supports China in the South China Sea and Why". Archived from the original on 28 July 2016. Retrieved 27 July 2016.
- ^ 李珅. "SCO supports peace and stability in South China Sea". Archived from the original on 26 May 2016. Retrieved 25 May 2016.
- ^ "South Korea and the South China Sea: A Domestic and International Balancing Act". Archived from the original on 7 May 2018. Retrieved 31 May 2016.
- ^ "Where does South Korea Stand on the South China Sea Dispute?". 2 July 2014. Archived from the original on 29 June 2019. Retrieved 31 May 2016.
- ^ "Asahi: US Asked Seoul to Express Support for Ruling on Beijing-Manila Sea Dispute". Archived from the original on 4 June 2016. Retrieved 1 July 2016.
- ^ "Declaration by the High Representative on behalf of the EU on the Award rendered in the Arbitration between the Republic of the Philippines and the People's Republic of China". European Council-Council of the European Union. 15 July 2016. Archived from the original on 9 February 2018. Retrieved 15 November 2018.
- ^ a b "Joint Statement of the Foreign Ministers of ASEAN Member States on the Maintenance of Peace, Security, and Stability in the Region". 25 July 2016. Archived from the original on 15 November 2018. Retrieved 14 August 2016.
- ^ "Australia supports peaceful dispute resolution in the South China Sea". Department of Foreign Affairs and Trade. 12 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ a b "Canadian statement on South China Sea Arbitration". Minister of Foreign Affairs. 21 July 2016. Archived from the original on 27 January 2018. Retrieved 27 January 2018.
- ^ "Closing Remarks by Minister of State for External Affairs Dr. V.K. Singh at the 14th ASEAN-India Foreign Ministers' Meeting in Vientiane (July 25, 2016)". Ministry of External Affairs. 25 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ a b "For the First Time, India Calls for Abiding by the 2016 Arbitral Award on South China Sea". The Wire. Retrieved 2 July 2023.
- ^ "Arbitration between the Republic of the Philippines and the People's Republic of China regarding the South China Sea (Final Award by the Arbitral Tribunal) (Statement by Foreign Minister Fumio Kishida)". Ministry of Foreign Affairs of Japan. 12 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "NZ comment on South China Sea Tribunal ruling". New Zealand Government. 13 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "Information Note on the Significance of the 2016 ASEAN Joint Communiqué in Relation to the Arbitral Tribunal Ruling". Department of Foreign Affairs. 1 August 2016. Archived from the original on 6 August 2016. Retrieved 15 November 2018.
- ^ "Decision in the Philippines-China Arbitration". US Department of State. 12 July 2016. Archived from the original on 12 July 2016. Retrieved 15 November 2018.
- ^ "Stav Bosne i Hercegovine o sporu u Južnom kineskom moru" (in Bosnian). Ministry of Foreign Affairs Bosnia and Herzegovina. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "PRESS RELEASE FOLLOWING THE DECISION OF THE ARBITRAL TRIBUNAL ON THE SOUTH CHINA SEA ISSUE". Ministry of Foreign Affairs of Malaysia. 12 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "Myanmar's Statement on the Award of the Arbitral Tribunal on the South China Sea under Annexure VII of UNCLOS" (PDF). Ministry of Foreign Affairs. 13 July 2016. Archived from the original (PDF) on 28 August 2017. Retrieved 15 November 2018.
- ^ "Remarks of the Spokesperson of the Ministry of Foreign Affairs of Viet Nam on Viet Nam's reaction to the issuance of the Award by the Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea in the arbitration between the Philippines and China". Vietnam Ministry of Foreign Affairs. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "Mer de Chine méridionale: l'Algérie appelle à une solution "sur la base du droit international" (MAE)" (in French). Ministre des Affaires Étrangères. 16 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "Indonesia Calls On All Parties To Respect International Law Including UNCLOS 1982". Ministry of Foreign Affairs Indonesia. 12 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "Serbia advocates a peaceful resolution of the South China Sea issue". Ministry of Foreign Affairs of the Republic of Serbia. 12 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "Press Releases : Statement of Thailand on Peace, Stability and Sustainable Development in the South China Sea 12 July 2016". Ministry of Foreign Affairs of the Kingdom of Thailand. 12 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ a b "Statement of the Ministry of Foreign Affairs of the People's Republic of China on the Award of 12 July 2016 of the Arbitral Tribunal in the South China Sea Arbitration Established at the Request of the Republic of the Philippines". Ministry of Foreign Affairs of the People's Republic of China. Archived from the original on 27 January 2018. Retrieved 27 January 2018.
- ^ "Saopštenje povodom objavljivanja presude Stalnog arbitražnog suda u Hagu o sporu između Kine i Filipina" (in Montenegrin). Government of Montenegro. 12 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "Pakistan reiterates its support to Beijing on 'South China Sea'". Ministry of Foreign Affairs. 12 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "Syria supports China's sovereignty over its territory in South China Sea". Syrian Arab News Agency. 20 July 2016. Archived from the original on 15 November 2018. Retrieved 15 November 2018.
- ^ "ROC position on the South China Sea Arbitration". Ministry of Foreign Affairs Republic of China (Taiwan). 12 July 2016. Archived from the original on 16 November 2018. Retrieved 15 November 2018.
- ^ Gareth Hutchens (15 July 2016). "South China Sea: Marise Payne says Julie Bishop right to warn Beijing". The Guardian. Archived from the original on 27 July 2016. Retrieved 25 July 2016.
- ^ a b Blanchfield, Mike (21 July 2016). "Canada calls on 'parties' in South China Sea dispute to comply with ruling". Toronto Star. Archived from the original on 27 January 2018. Retrieved 27 January 2018.
- ^ Indrani Bagchi (12 July 2016). "South China Sea ruling a shot in the arm for India, a damning indictment of Beijing, say experts". The Times of India. Archived from the original on 15 July 2016. Retrieved 18 July 2016.
- ^ Liza Yosephine (13 July 2016). "Indonesia's statement on South China Sea dissatisfying: China's experts". The Jakarta Post. Jakarta. Archived from the original on 17 July 2016. Retrieved 25 July 2016.
- ^ Koya Jibiki (16 July 2016). "Abe calls on Li to abide by South China Sea ruling". Nikkei, Asian Review. Archived from the original on 19 November 2016. Retrieved 25 July 2016.
- ^ "Malaysia, Singapore, Indonesia react to S. China Sea ruling". ABS-CBN News. 13 July 2016. Archived from the original on 31 August 2016. Retrieved 8 September 2016.
- ^ "Pakistan supports China's position on S. China Sea".
- ^ "Ministry of Foreign Affairs - Islamabad, Pakistan". 15 November 2018. Archived from the original on 15 November 2018. Retrieved 24 September 2023.
- ^ "Singapore urges respect for court ruling on South China Sea". Today online. 12 July 2016. Archived from the original on 13 July 2016. Retrieved 25 July 2016.
- ^ "[Analysis] Response on South China Sea ruling shows S. Korea's fragile position". The Hankyoreh. 14 July 2016. Archived from the original on 18 July 2016. Retrieved 25 July 2016.
- ^ "Vietnam welcomes Hague ruling on East Vietnam Sea disputes: foreign ministry". Tuoi Tre News. 13 July 2016. Archived from the original on 21 July 2016. Retrieved 25 July 2016.
- ^ "Arbitral court not a UN agency". Archived from the original on 16 July 2016. Retrieved 24 July 2016.
The United Nations said on Wednesday it has nothing to do with the Permanent Court of Arbitration (PCA), which set up a tribunal that handled the South China Sea arbitration case the Philippines filed unilaterally in 2013.
- ^ "Daily Press Briefing by the Office of the Spokesperson for the Secretary-General". Archived from the original on 18 July 2016. Retrieved 20 July 2016.
the UN doesn't have a position on the legal and procedural merits of the case or on the disputed claims.
- ^ "Daily Press Briefing by the Office of the Spokesperson for the Secretary-General". United Nations. 12 July 2016. Archived from the original on 12 November 2020. Retrieved 27 October 2020.
- ^ "International Court of Justice". Archived from the original on 14 July 2016. Retrieved 24 July 2016.
The International Court of Justice (ICJ) wishes to draw the attention of the media and the public to the fact that the Award in the South China Sea Arbitration (The Republic of the Philippines v. The People's Republic of China) was issued by an Arbitral Tribunal acting with the secretarial assistance of the Permanent Court of Arbitration (PCA). The relevant information can be found on the PCA's website (www.pca-cpa.org). The ICJ, which is a totally distinct institution, has had no involvement in the above mentioned case
- ^ B Pitlo III, Lucio (3 July 2020). "ASEAN stops pulling punches over South China Sea". Archived from the original on 17 August 2020. Retrieved 16 August 2020.
- ^ Gotinga, JC; Tan, Lara (5 August 2016). "Suspected Chinese malware used to spy on PH gov't – security firm". CNN Philippines. Archived from the original on 17 March 2019.
- ^ Zhao, Suisheng (2023). The dragon roars back : transformational leaders and dynamics of Chinese foreign policy. Stanford, California: Stanford University Press. pp. 109–110. ISBN 978-1-5036-3088-8. OCLC 1331741429.
- ^ a b c Grossman, Derek (2 November 2021). "Duterte's Dalliance with China Is Over". The RAND Blog. RAND Corporation. Archived from the original on 3 November 2021.
- ^ Romero, Alexis; Felipe, Cecille; Laude, Jaime; Macairan, Evelyn (7 April 2017). "Duterte orders AFP to occupy Philippine islands in South China Sea". The Philippine Star. Archived from the original on 7 April 2017.
- ^ Balana, Cynthia; Uy, Jocelyn; Salaverria, Leila (15 March 2017). "Duterte wants 'structures' built on Benham Rise". Philippine Daily Inquirer. Archived from the original on 22 March 2017.
- ^ Santos, Eimor (22 May 2017). "Benham Rise is now Philippine Rise". CNN Philippines. Archived from the original on 15 May 2017.
- ^ Mogato, Manuel (19 May 2017). "Duterte says China's Xi threatened war if Philippines drills for oil". Reuters. Archived from the original on 19 May 2017.
- ^ Musico, Jelly (20 November 2018). "PH, China ink 29 deals during Xi's Manila visit". Philippine News Agency. Archived from the original on 23 November 2018.
- ^ Mendez, Christina; Romero, Paolo (21 November 2018). "Philippines, China sign MOU on joint gas, oil developement [sic]". The Philippine Star. Archived from the original on 21 November 2018.
- ^ Petty, Martin (11 September 2019). "Philippines' Duterte says Xi offering gas deal if arbitration case ignored". Reuters. Archived from the original on 11 September 2019.
- ^ Santos, Tina G. (11 November 2021). "After pro-China pivot, Duterte warming ties with US – defense analyst". Philippine Daily Inquirer. Archived from the original on 10 November 2021.
- ^ Strangio, Sebastian (23 September 2020). "In UN Speech, Duterte Stiffens Philippines' Stance on the South China Sea". The Diplomat. Archived from the original on 24 September 2020. Retrieved 27 September 2020.
Further reading
[edit]- Harriet Moynihan (2017) China's Evolving Approach to International Dispute Settlement, Chatham House
External links
[edit]- "The Republic of the Philippines v. The People's Republic of China" (PDF). Permanent Court of Arbitration. Archived from the original (PDF) on 29 January 2019. Retrieved 14 February 2016.
- Not One Inch microsite by the Philippine Department of Foreign Affairs
- 2013 in case law
- 2013 in China
- 2013 in the Philippines
- South China Sea
- Law of the sea
- China–Philippines relations
- Permanent Court of Arbitration cases
- Energy law
- History of the Philippines (1986–present)
- 2016 in case law
- 2016 in the Philippines
- 2016 in China
- Xi Jinping
- Presidency of Benigno Aquino III
- Presidency of Rodrigo Duterte