Maritime council backs DFA in asserting 2016 arbitral ruling vs China

MANILA, Philippines —  The National Maritime Council (NMC) has thrown its full support behind the Department of Foreign Affairs (DFA) in asserting the Philippines’ 2016 South China Sea arbitral win, as the country prepares to mark the decision’s 10th anniversary next month.

According to the NMC, the country’s position remains “clear and consistent” with international law, citing the 1982 United Nations Convention on the Law of the Sea (Unclos) and the 2016 arbitral award that ruled in favor of Manila’s claims to the West Philippine Sea, part of the South China Sea, which lies within the Philippine territory and exclusive economic zone.

“[T]he award is final and legally binding on the parties and remains an important contribution to international law and the rules-based international order,” NMC said in a statement on Wednesday.

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READ: PH asserts WPS arbitral ruling amid ‘criticisms’ in Beijing

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“A decade after its issuance, the award continues to provide legal clarity on the interpretation and application of Unclos,” it added.

“It clarified the legal status of maritime features, affirmed the maritime entitlements of coastal states, rejected maritime claims inconsistent with the convention, and underscored the obligation of states to protect and preserve the marine environment,” NMC said.

In 2016, the Permanent Court of Arbitration in The Hague, Netherlands, backed Manila’s exclusive rights to explore and exploit the natural resources within its 200-nautical-mile EEZ under the Unclos, and invalidated China’s expansive claim in the South China Sea.

The tribunal cited China’s lack of legal basis for asserting “historic” rights to the waters in question, but Beijing has since refused to recognize the ruling.

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The NMC’s statement came a day after the DFA rebuffed objections by the Chinese Embassy in Manila, which called the 2016 decision a “political manipulation disguised in legal garb.”

The DFA maintained that the award “is final and binding and has become an unassailable part of the corpus of international law, providing legal clarity regarding maritime rights and entitlements in the South China Sea.”

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“It is not and will never be illegal, null, and void,” it added.

As it nears the 10th anniversary of its issuance on July 12, the arbitral award also shows that disputes can be addressed peacefully and resolved within international law, NMC said.

It added the Philippines remains committed to dialogue, diplomacy and regional peace.

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“As a maritime and archipelagic nation, the Philippines will continue to pursue diplomacy from a position of principle — guided by international law, committed to peace, and steadfast in safeguarding its lawful maritime rights and interests for the benefit of present and future generations of Filipinos,” the council said. —With a report from Andre Esguerra, intern /mr

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