Ruling

MANILA, Philippines — China continues to challenge the 2016 arbitral ruling that granted the Philippines sovereign rights over the disputed territories in the South China Sea.

During the Asean Plus foreign ministers’ meeting in Kuala Lumpur, Malaysia on Friday, Foreign Minister Wang Yi expressed significant concerns about the arbitration case initiated by the Philippines regarding the South China Sea, arguing that the case “fails to meet the essential preconditions for legal arbitration and lacks legitimacy due to the absence of prior consultations and the fundamental principle of state consent.”

Wang criticized the Philippines’ arbitration move as a violation of the Declaration on the Conduct of Parties in the South China Sea (DOC), which advocates for peaceful resolutions through friendly consultations among parties directly involved. He claimed that the Philippines violated prior bilateral agreements made with China and disregarded the principle of estoppel under international law.

On Thursday, the eve of the 9th anniversary of the landmark Arbitral Ruling, Philippine Foreign Affairs Secretary Theresa Lazaro expressed deep concern over China’s alleged “illegal, coercive, and aggressive actions in the region,” describing them as part of a broader trend of “revisionist, self-serving interpretation and application of international law.”

She specifically pointed to the implications of the United Nations Convention on the Law of the Sea (UNCLOS), emphasizing the need for adherence to international norms.

“It is worrisome that China has continued to reject the binding Arbitral Award,” Lazaro said, underscoring the impact of these actions on regional stability and the rule of law at sea.

In his address, Wang emphasized that the core of the Philippines’ claims centered around China’s territorial sovereignty over the Nansha Islands (Spratly Islands) and related maritime delimitation issues.

He said that such territorial disputes fell beyond the jurisdiction of UNCLOS, noting that China had specifically excluded maritime delimitation from compulsory arbitration in a declaration made in 2006.

Wang cited an important distinction regarding UNCLOS ratification among the five permanent members of the UN Security Council, stating that only the United States has not ratified the Convention. He accused the arbitral tribunal of overstepping its authority and misusing UNCLOS mechanisms, undermining the rule of law in international maritime relations.

A contentious topic during Wang’s address was the tribunal’s ruling on Taiping Island, also known as Itu Aba, which was classified as a rock and stated that no feature in the Spratly Islands could generate an exclusive economic zone or continental shelf.

Wang said that this classification misrepresented factual circumstances and contradicts UNCLOS provisions. He warned that applying such a standard globally would radically alter the existing maritime order and raised the question of whether countries like the United States and Japan would also abandon their maritime claims under similar reasoning.

Wang also expressed concerns about external forces manipulating the arbitration case and associated media attention to disrupt peace in the South China Sea for their interests, describing the situation as a “farce.”

Reiterating China’s commitment to international law and the authority of UNCLOS, Wang praised the collaborative efforts between China and Asean nations that have maintained stability in the South China Sea, ensuring freedom of navigation and overflight in the region.

He affirmed that China is actively conducting consultations with Asean countries to establish a Code of Conduct for the South China Sea, aiming to foster an environment of peace, cooperation, and friendship.

“Any attempt to stir up trouble or sow discord will fail,” Wang said, reinforcing China’s dedication to regional stability and cooperation.