DFA rejects Chinese Embassy claims, defends 2016 South China Sea arbitral ruling
Foreign Affairs department says landmark award remains final, binding, and part of international law ahead of its 10th anniversary
At A Glance
- The Philippines rejected China's claims against the 2016 South China Sea Arbitral Award, insisting the ruling remains final, binding, and part of international law.
- The DFA said the arbitral tribunal had already dismissed China's objections and ruled on issues involving maritime rights and claims under UNCLOS.
- As the ruling approaches its 10th anniversary, the DFA said it continues to guide international maritime law and supports a rules-based order in the oceans.
The Department of Foreign Affairs (DFA) reaffirmed the validity of the 2016 South China Sea Arbitral Award, rejecting China's claims that the landmark ruling is invalid and stressing its continuing importance in international maritime law. (DFA file photo)
The Department of Foreign Affairs (DFA) on Monday, June 22, 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.
PH acted within UNCLOS framework
While reaffirming its commitment to dialogue and diplomacy, the DFA stressed that the Philippines was within its rights under UNCLOS to pursue arbitration after years of consultations failed to resolve the dispute.
“While the Philippines remains committed to dialogue and diplomacy, it is not precluded from availing itself of dispute-settlement mechanisms under UNCLOS when disputes concerning the interpretation or application of the Convention cannot be resolved through consultations,” the DFA said.
The DFA underscored that dispute-settlement mechanisms under UNCLOS remain available when consultations fail to settle disagreements concerning the interpretation or application of the convention.
“The Philippines acted within its rights and obligations as a state party to UNCLOS, especially when years of dialogue with China failed to achieve progress,” the DFA added.
Award remains relevant after a decade
As the Philippines prepares to mark the 10th anniversary of the arbitral ruling in July, the DFA highlighted the award's continuing significance in strengthening the rules-based international order and promoting the peaceful governance of the oceans.
“As we commemorate the Award’s 10th anniversary this July, we highlight its resounding affirmation of UNCLOS and of the Convention’s dispute-settlement mechanisms,” the DFA said.
The department stressed that the ruling serves as a guide for states on issues such as excessive maritime claims, the legal status of maritime features, coastal state rights, and marine environmental protection.
“Indeed, judicial decisions and arbitral awards rendered under UNCLOS benefit all States — not just the parties to a dispute,” the DFA said. “By clarifying the content of international law, they provide guidance, strengthen legal certainty, and support the peaceful and predictable governance of the oceans.”
The DFA also noted that the award clarified important obligations related to biodiversity conservation, coral reef protection, and the prevention of severe environmental damage.
“Respect for these rulings is essential to preserving the integrity, credibility, and universality of the Convention and the rules-based order it embodies,” the DFA said.
The DFA stressed that the tribunal's findings continue to influence the development of international maritime law and have been cited in various international decisions and judgments.
“The 2016 Arbitral Award stands as a clear guidepost for all States on the invalidity of excessive or historical claims, the proper assessment of the status of maritime features, activities at sea deemed prejudicial to the rights of the relevant coastal state, and the obligations of state parties for the protection and conservation of the marine environment,” the DFA said. “The Award has since been cited in several international decisions and judgments.”
The DFA added that the award also “clarified important obligations” under UNCLOS relating to marine environmental protection, including duties concerning fragile coral reef ecosystems, biodiversity conservation, and the prevention of severe environmental harm.
“The Tribunal’s findings on the protection and preservation of the marine environment continue to resonate strongly within the evolving corpus of international law governing the oceans,” the DFA said.