MANILA – The Department of Foreign Affairs (DFA) expressed its appreciation for the international community’s support in commemorating the eighth year of the promulgation of the 2016 Arbitral Award on the South China Sea.
In a statement, the DFA reaffirmed its “unwavering commitment” to the rule of law and the peaceful settlement of disputes.
“Over the years, the Philippines has continued to demonstrate this commitment to peace even in the face of the unlawful actions which have caused serious incidents in the South China Sea, without ever diminishing our resolve to protect and promote our people’s interest and the full and responsible enjoyment of our legally settled maritime entitlements and its accompanying rights and jurisdictions,” the statement read.
Philippine Navy personnel were injured when a China Coast Guard vessel rammed a Philippine vessel undergoing a resupply mission near the Ayungin Shoal last month.
According to the Armed Forces of the Philippines (AFP), one Navy personnel sustained “severe injury” resulting in losing a finger.
The DFA mentioned that the support of the international community is the “broadening affirmation of the legal value of the Award as a positive and legitimate source of international law.”
The statement also said that the DFA is “encouraged by the expressions of support made by other States that confirm the final and binding status of the Award, including the G7’s consistent reaffirmation that it is a significant milestone and a useful basis for the peaceful management and resolution of differences at sea.”
The DFA also said that the Philippines welcomed the International Tribunal for the Law of the Sea (ITLOS) Advisory Opinion on Climate Change, which cited the Award as authoritative in key parts of the ruling, with multiple States or groups of States referencing the Award as legal authority in their respective oral and written statements, underscoring its unassailable status as part of the corpus of international law.
“The Award is a reaffirmation of the United Nations Convention on the Law of the Sea and protects our rights as a coastal state and a seafaring people,” the DFA stated.
“Every effort to secure our legitimate interests in our maritime domain is a testament to the determination and courage of the Filipino people, while showcasing the Philippines’ vision of peace and stability that inspires and resonates beyond the waters of the South China Sea,” the DFA added.
The DFA also gave the assurance that moving forward, the country will chart a course anchored on peace, security and prosperity in the region.
Support from int’l community
USA
In her remarks during the Stratbase Forum in Makati City on Friday, U.S. Ambassador to the Philippines MaryKay Carlson said that the significance of the July 12, 2016 Arbitral ruling “extends well beyond the Philippines.”
“It stands as a milestone for all who seek a prosperous, inclusive, and secure Indo‑Pacific and who undertake to uphold the rule of law around the world,” Carlson said.
According to Carlson, the Arbitral award was a milestone in setting out the legal rights and lawful maritime entitlements of the Philippines and the People’s Republic of China (PRC) in the South China Sea.
This clarified extensive maritime areas where the Philippines enjoys sovereign rights and jurisdiction over natural resources in its exclusive economic zone and on its continental shelf, Carlson mentioned.
“At the same time, it memorialized vast maritime areas where all nations enjoy freedom of navigation and overflight under international law, providing the legal foundation for trade, investment, and economic activity to thrive in the Indo-Pacific region,” she added.
Japan
In his speech during the forum, Ambassador ENDO Kazuya of Japan reiterated its stand that the Tribunal Award is “final and legally binding” on the parties concerned.
Endo commended the Philippines’ efforts that paved the way for the historic arbitral award.
“Every year, foreign governments worldwide issue statements, tweets, or other forms of comment on July 12, reiterating support for the sanctity of this decision. Each time, it underscores the international community's commitment to a world where nations stand together in fostering peace, stability, and justice,” Endo said.
“While the 2016 arbitral award showed crystal clear directions in navigating the turbulent waters of the South China Sea, the actual situations on the sea remain challenging and complex. As international law has not been fully equipped with centralized mandatory enforcement mechanisms. The cornerstone lies in fostering the respect for the rules-based international order,” Endo stated.
“The power of international voices holds importance in shaping outcomes. The Philippines has the support and backing of many like-minded countries who are present here today. As allies, partners, friends, we stand united in navigating these uncertain waters and uphold the fundamental principles that safeguard our shared waters,” Endo continues.
Endo then conveyed Japan’s commitment, as a neighbouring maritime nation of the Philippines, in its shared commitment and responsibility in upholding and protecting the peace and stability across the region.
France
Meanwhile, France shares with the Philippines a “non-confrontational approach” firmly anchored in international law and multilateralism.
In her speech, French Ambassador Marie Fontanel thanked the Philippines, as the 2016 Arbitral Award sent to the world a “powerful message”.
“It became a building block of a reaffirmed rules-based international order that we all benefit from,” Fontanel said.
“Unfortunately, as the news regularly shows, we cannot take the prevalence of the rule of law for granted. It is being challenged in many ways, and it undermines our long-term, collective peace and prosperity,” she added.
Fontanel also mentioned the relevance of the 2016 Award and the development of the defense cooperation between France and the Philippines, after the visit of French Minister of Armed Forces Sébastien Lecornu last year.
According to Fontanel, both sides are also working hard towards negotiating a Visiting Forces Agreement (VFA), after both Ministers agreed last December.
Australia
In her speech, Australian Ambassador Hae Kyong “HK” Yu expressed Australia’s concern about the “illegal boarding and towing of Philippine vessels, seizure of equipment and harm to Philippine personnel undertaking a routine mission to Ayungin Shoal within the country’s Exclusive Economic Zone (EEZ).
Ambassador Hae called out China’s behaviour in the South China Sea, saying it “endangers what we talk about today, the important regional peace and stability, which threatens lives and creates risks of miscalculation and escalation.”
“We all have an obligation to adhere to international law, particularly UNCLOS, in all waterways including the South China Sea. That is why it is very fitting that today's session is titled “A Collective Pursuit of Maritime Security in the West Philippines Sea” because we know that maritime security is not something that can be achieved alone, it requires all our efforts. It must be a collective pursuit,” the Australian diplomat stressed.
Canada
Canadian Ambassador David Hartman mentioned Canada’s assurance that they will continue to work with the Philippines, as well as with partners and allies, including in the ASEAN region, to provide meaningful support to regional peace and security and to uphold the rule of law in the maritime domain.
“For Canada, promoting and enforcing the rule of law in the maritime domain is an essential component of our strategic interests throughout the Indo-Pacific. The West Philippine South China Sea hosts more than half the world's pollution fees, which are competing for increasingly scarce marine resources, which millions of people depend on for their livelihoods and for food security throughout the entire region,” Hartman stated in his presentation during the forum.
The destruction of maritime habitats and the prevalence of illegal, unreporting and unregulated fishing, combined with complex security issues, are resulting in a situation where security, biodiversity loss and climate challenges are overlapping to aggravate and amplify each other, Hartman added.
Hartman stressed that this critical issue is not just limited to the West Philippine Sea, as sustainable practices are increasingly critical for food security and development across the entire Philippine archipelago.
