EU stresses pro-Philippines arbitral ruling ‘legally binding’

The 2016 arbitration ruling which upheld the Philippines' exclusive economic zone over China's historical claims in the South China is legally binding and is useful to resolve disputes, the European Union said on Tuesday.

The Delegation of the EU and the embassies in Manila of its member-states—Belgium, Czechia, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Netherlands, Poland, Austria, Romania, Slovakia (non-resident), Finland and Sweden—released the statement on the eve of the July 12 decision of the Permanent Court of Arbitration in The Hague.

"The EU recalls that the dispute settlement mechanisms provided under [the United Nations Convention on the Law of the Sea] contribute to the maintenance and furthering of the international order based upon the rule of law and are essential to settle disputes," the statement read.

"The Award of the Arbitral Tribunal is a significant milestone, which is legally binding upon the parties to those proceedings, and a useful basis for peacefully resolving disputes between the parties," it added.

The EU stressed the fundamental importance of upholding the freedoms, rights and duties established in UNCLOS, "in particular the freedoms of navigation and overflight."

"The EU is committed to secure, free and open maritime supply routes in the Indo-Pacific, in full compliance with international law, as reflected in UNCLOS, in the interest of all," the EU said.

"The EU supports the swift conclusion of talks aiming at an effective Code of Conduct between ASEAN and China that is fully compatible with UNCLOS and also respects the rights of third parties," it added.

‘Violates int’l law’

China has repeatedly said that it did not recognize the arbitral award.

In 2022 shortly after the sixth anniversary of the ruling and after the Philippines called the ruling "final" and "indisputable," Chinese Foreign Ministry spokesperson Wang Wenbin said the decision violated international law.

"I would like to state that China’s position on the South China Sea arbitration is consistent and clear," Wang said when asked to respond to Manila's assertion of the ruling.

"The so-called award of the South China Sea arbitration seriously violates international law including the United Nations Convention on the Law of the Sea. It is illegal, null and void. China neither accepts nor recognizes it and will never accept any claim or action based on the award. By doing so, we are upholding international rule of law," he added.

The French Embassy in Manila on Monday expressed concern over the recent incidents in the South China Sea.

France called for respect for international law and the resolution of disputes through a dialogue.

"We are resolutely opposed to any use of force or threat to do so. We recall, in this regard, the Arbitration award rendered under UNCLOS on the 12th of July 2016," the embassy said.

Iroquois Reef

The Armed Forces of the Philippines said more than 50 Chinese vessels had been spotted in the vicinity of Iroquois Reef and Sabina Shoal in the West Philippine Sea.

The Philippine military conducted an air patrol last June 30 in which it was observed that the Chinese fishing vessels were "anchored in groups of five to seven and no fishing activities were noticed."

Based on earlier Intelligence Surveillance and Reconnaissance (ISR) flights, the AFP's Western Command said the number of Chinese fishing vessels in the area had increased from 12 in February to 47 on June 12.

The military also said that aside from the fishing vessels, three China coast guard (CCG) ships and two People's Liberation Army Navy vessels were seen "regularly loitering" near Sabina Shoal.

The AFP and the Philippine Coast Guard are set to intensify patrols in the Iroquois Reef in the West Philippine Sea (WPS) after the Chinese vessels were recently spotted “swarming” in the area, the PCG said Sunday.

Interviewed on Super Radyo dzBB recently, PCG spokesperson for the West Philippine Sea (WPS) Commodore Jay Tarriela pointed out that Iroquois Reef is only 128 nautical miles away from Palawan and thus falls within the Philippines’ exclusive economic zone. —NB, GMA Integrated News