DFA rejects Chinese Embassy claims, defends 2016 South China Sea arbitral ruling

June 24 ------ The Department of Foreign Affairs (DFA), strongly rejected the recent statement of the Chinese Embassy in Manila questioning the validity of the 2016 South China Sea Arbitral Award, reiterating that the landmark ruling remains final, binding, and an integral part of international law.

In a statement, the DFA said the arbitral award was issued by a tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS), a treaty to which both the Philippines and China are parties. “It is not and will never be illegal, null and void,” the DFA said, noting that the award was rendered by an arbitral tribunal constituted in accordance with Annex VII of UNCLOS, a treaty to which both countries are state parties. “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,” the DFA added.

DFA rebuts China's legal objections

The DFA noted that the arbitral tribunal had already dismissed China's arguments that the dispute involved territorial sovereignty and maritime boundary delimitation issues beyond the tribunal's jurisdiction. The tribunal, the DFA said, clarified that the case focused on the interpretation and application of UNCLOS, including the legal status of maritime features, maritime entitlements, and the legality of certain maritime claims under international law. “In its Award on Jurisdiction and Admissibility, the Arbitral Tribunal rejected China’s objection that the disputes involve territorial sovereignty in the South China Sea and are therefore beyond the tribunal’s jurisdiction,” the DFA said.

The DFA also noted that the tribunal “rejected the argument” set out in China’s Position Paper that the “parties’ disputes concern maritime boundary delimitation and are therefore excluded” from the tribunal’s jurisdiction by virtue of China’s declaration under Article 298 of the convention. “There should be no confusion that the 2016 Arbitral Award is focused on issues concerning the interpretation and application of UNCLOS, including the legal status of maritime features, maritime entitlements under the convention, and the compatibility of certain maritime claims with international law,” the DFA said.

The DFA likewise rejected claims that the Philippines violated any obligation to settle disputes solely through bilateral negotiations. “The Arbitral Tribunal rejected China’s position that the parties had agreed to resolve disputes relating to the South China Sea exclusively through negotiations,” the DFA said.

The department also pointed out that the tribunal found no agreement requiring the exclusive use of negotiations and confirmed that the Philippines complied with UNCLOS requirements to exchange views with China before initiating arbitration proceedings. “The Tribunal confirmed that the Philippines met the requirement under Article 283 of the Convention that the parties exchange views regarding the settlement of their disputes,” the DFA stressed.

Source: mb.com.ph