Envoys reject intimidation, coercion in South China Sea; hail arbitration ruling

Foreign envoys on Wednesday rejected acts of intimidation and coercion that destabilize peace and security in the South China Sea as they unveiled efforts and activities to build stronger maritime defense cooperation with the Philippines and other like-minded states in the Indo-Pacific region.

As the country marked the seventh anniversary of the Philippine victory at the arbitral tribunal, which denigrated China’s massive claim in the South China Sea, ambassadors from Australia, Japan, the European Union, France, the United Kingdom, and India, who spoke before the Stratbase Forum in Makati City, also recognized the importance and significance of the ruling in international law, noting that it is final, legally binding, and must be complied with.

China, which did not participate in the arbitral proceedings, refused to recognize the award handed down by the Permanent Court of Arbitration in The Hague, Netherlands, on July 12, 2016.

The envoys also announced several activities that will bolster joint and multilateral maritime cooperation with the Philippines and other nations, ranging from defense exercises, increased regional presence, regular ship and frigate visits, trainings, and the provision of equipment and patrol vessels for Manila.

They also paid tribute to the late former Foreign Secretary Albert Del Rosario, who spearheaded the successful arbitration case that resulted in the 2016 legal victory for the Philippines.

"Maritime claims inconsistent with the United Nations Convention on the Law of the Sea, otherwise known as UNCLOS, are causing tension," Australian ambassador HK Yu said in her remarks.

"This is worsened by the militarization of disputed features and unsafe behavior at sea and in the air, which we have unfortunately continued to see this year."

UNCLOS is an international treaty signed by 160 states, including the Philippines and China, that allows coastal nations the right to explore, manage, and exploit resources within 200 nautical miles of their shores.

Yu said Australia is "deeply concerned when countries pursue claims or engage in activities that are inconsistent with international law."

Australia, she added, opposes activities that are "provocative and destabilizing, or where they don’t respect the rights and freedoms of others, or when they advance their claims by intimidation or coercion."

Japanese Ambassador Kuzuhiko Koshikawa called the arbitral ruling a "significant milestone" and vowed Japan’s commitment to defend rules-based order in the region.

Echoing the statement of Japanese Foreign Minister Hayashi Yoshimasa, Koshikawa said Japan is a major stakeholder that has outstanding interest in freedom of navigation and overflight in the South China Sea.

In his statement, Hayashi said the claim by China that it will not accept the award "is against the principle of peaceful settlement of disputes in accordance with international law, in particular the UNCLOS, and undermines the rule of law as a fundamental value of the international community."

"Japan strongly hopes that the parties’ compliance with the award will lead to the peaceful settlement of disputes in the South China Sea," Hayashi said as he renewed Tokyo’s objections to maritime claims in the waters that are inconsistent with UNCLOS and "remains concerned about the current situation."

China claims the resource-rich waters nearly in their entirety, despite overlapping ownership of several features with other countries like the Philippines, Vietnam, Malaysia, and Brunei.

Chinese coast guard vessels have been reported to have continued harassment of Philippine vessels in the waters that are part of their exclusive economic zone.

EU’s ambassador Luc Veron said peace and stability in the Indo-Pacific, specifically in the South China Sea, are crucial to Europe as 40% of its trade passes through the disputed waters.

Stability in the region, he said, is a shared concern and an area of cooperation.
Citing the global socio-economic repercussions of Russia’s invasion of Ukraine,

Veron said the EU "strongly opposes any unilateral attempt to change the peacefully established status of territories by force or coercion anywhere in the world, in eastern Europe or in the South China Sea."

"The Permanent Court of Arbitration laid down very clearly that there is no legal basis for China’s expansive maritime claims in the South China Sea," Veron said, adding that "respect for a rules-based international order is at the core of the EU approach to cooperation" in the region.

"We are one with the Philippines and other international partners in stressing the importance of upholding international law, including UNCLOS, and the peaceful settlement of disputes as the basis for peace and stability in this part of the world and elsewhere."  

French Ambassador Michele Boccoz said that there is no legal basis for China’s huge maritime claims in the South China Sea as she reiterated France’s statement of concern over the Chinese Coast Guard’s dangerous maneuvers last week against a Philippine government vessel en route to Second Thomas Shoal to drop off provisions for Filipino troops stationed there.

"The peaceful resolution of disputes based on the rule of law is the very basis of international order," Boccoz said.

"There is simply no alternative to strict adherence to the rule of law. In that regard, through the 2016 award, the Philippines upheld the highest standards. This historical milestone paves the way for the peaceful settlement of disputes in the South China Sea."

While France does not take a position on territorial claims, Boccoz said it is within its fundamental interest "to underline the importance of such efforts to maintain a non-confrontational, constructive behavior for regulating international relations."

British Ambassador Laure Beaufils said what happens in the South China Sea also matters to the UK, as freedom of navigation and overflight are essential to its security and prosperity and a cornerstone of international maritime law.

"We have a collective responsibility to ensure that the South China Sea is not a testing ground for reckless behavior," Beaufils said, stressing that the consequence of an escalation of tensions in the South China Sea "would have implications for all of us, including but not limited to major economic stability."

Indian Ambassador Shambu Kumaran said all countries have an obligation to respect international law and that the ruling of the arbitral tribunal on the case against China by the Philippines must be respected.

As in India’s case, Kumaran said it entered into a similar arbitration case with Bangladesh for the delimitation of their maritime boundaries before the Permanent Court of Arbitration.

The tribunal ruled in favor of Bangladesh, but compared with China, Kumaran said India "recognized and implemented the award."

"All countries have an obligation to respect international law, but perhaps bigger countries have a larger obligation to respect international law," Kumaran said.

'Part of international law'

Foreign Affairs Secretary Enrique Manalo welcomed the growing number of countries that have expressed support for the arbitral award, which he said "stands as a beacon whose guiding light serves all nations."

"It is a settled landmark and a definitive contribution to the progressive development of international law. It is ours as much as it is the world’s. Just as lighthouses aid vessels in navigating the seas, the Award will continue to illuminate the path for all who strive towards not just the peaceful resolution of disputes but also the maintenance of a rules-based international order," Manalo said.

"We will continue to translate the positive outcomes of the Award into positive gains for our people to secure our legitimate interests in our maritime domain, and to promote peace, security, and prosperity in our region."

Despite efforts by China to undermine the ruling, Manalo said that the award "definitely settled the status of historic rights and maritime entitlements in the South China Sea and declared without legal effect claims that exceed entitlements geographical and substantive limits set by UNCLOS."

"It is now part of international law," he said.

"Anniversaries are markers reminding us of the trajectory we have taken as a nation and as a people. In the decision to file a case for arbitration, the Philippines opted to take the path of principle, the rule of law, and the peaceful settlement of disputes,'' he added. 

"The Tribunal’s decision affirmed the correctness of that course of action. The Award has since facilitated the plotting of new paths and trajectories, reflecting the rich maritime heritage of our country and our people, firm in the conviction that our rights over our maritime jurisdictions are indisputable." — VBL, GMA Integrated News