United States, United Kingdom, and 12 other Western and Asian countries jointly reaffirmed that China’s expansive territorial claims in the South China Sea are illegal under the 2016 Permanent Court of Arbitration (PCA) ruling. In a joint statement, the 14 countries condemned China’s “destabilising” actions in the disputed waters, stating that they threaten regional peace, security, and stability.
Separately, the 27-member European Union (EU) described the 2016 arbitration award as a “landmark decision in the peaceful settlement of disputes.” China, however, rejected the ruling, maintaining that it is “null and void”, has no binding force, and that Beijing neither accepts nor recognises it.
South China Sea Arbitration Ruling (2016)
Background
The recent statements marked the 10th anniversary of the 12 July 2016 arbitration ruling, delivered by a tribunal established at The Hague under the United Nations Convention on the Law of the Sea (UNCLOS).
The tribunal declared that its award is final and legally binding on the parties involved.
Origin of the Dispute
- In 2012, a maritime standoff occurred between China and the Philippines over disputed waters.
- Following the confrontation, China effectively took control of a disputed shoal.
- In 2013, the Philippines initiated arbitration proceedings against China under UNCLOS.
- China refused to participate in the arbitration process.
Findings of Arbitration Tribunal
The tribunal ruled largely in favour of the Philippines.
Major Findings
- No legal basis exists for China’s claim to historic rights over resources in most parts of the South China Sea.
- China’s sweeping claims extending over almost the entire sea are inconsistent with UNCLOS.
- Maritime rights must be determined according to UNCLOS, not historical assertions.
China’s Stand
China continues to reject the tribunal’s award, stating that:
- The ruling is null and void.
- It has no legal or binding effect.
- China does not accept or recognise the arbitration.
- Beijing maintains its claim over almost the entire South China Sea, despite the ruling.
Countries Involved in the South China Sea Dispute
- Besides China, overlapping territorial claims exist with: Malaysia, Philippines, Brunei, Vietnam, Taiwan
- The region has witnessed repeated territorial stand-offs involving these claimants.
Importance of South China Sea
The South China Sea is one of the world’s most strategically significant maritime regions because it:
- Serves as a major global shipping route.
- Carries a significant share of international trade.
- Contains rich fishery resources.
- Is believed to possess substantial oil and natural gas reserves.
- Remains one of Asia’s most sensitive geopolitical flashpoints.
United Nations Convention on the Law of the Sea (UNCLOS)
UNCLOS is the principal international treaty governing the world’s oceans and seas.
Key Facts
- Adopted in 1982.
- Entered into force in 1994.
- Ratified by more than 170 countries and entities.
- Both China and the Philippines are parties to UNCLOS.
- Defines:
- Territorial Sea.
- Exclusive Economic Zone (EEZ).
- Continental Shelf.
- Rights and responsibilities of coastal states.
- Maritime dispute settlement mechanisms.