DFA rejects China's claims, calls 2016 ruling 'unassailable' int'l law - balita. com
By Ma. Teresa Montemayor MANILA – The Department of Foreign Affairs (DFA) on Monday categorically rejected assertions by the Chinese Embassy in Manila against the 2016 South China Sea Arbitral Award. In a statement, the DFA emphasized that the ruling was rendered by an arbitral tribunal constituted under Annex VII of the United Nations Convention on […]
. Teresa Montemayor(File logo)MANILA– The Department of Foreign Affairs (DFA) on Monday categorically rejected assertions by the Chinese Embassy in Manila against the 2016 South China Sea Arbitral Award. In a statement, the DFA emphasized that the ruling was rendered by an arbitral tribunal constituted under Annex VII of the United Nations Convention on the Law of the Sea (UNCLOS), and provides absolute legal clarity on maritime rights and entitlements. “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. It is not and will never be illegal, null, and void,” it said. The department dismantled China’s longstanding objections to the tribunal’s authority, pointing out that the body had already formally rejected Beijing’s arguments that the dispute involved territorial sovereignty or maritime boundary delimitation. It clarified that the 2016 Arbitral Award focuses strictly on the interpretation and application of the UNCLOS, including the legal status of maritime features, entitlements, and the compatibility of certain maritime claims with global rules. It dismissed China’s claims that the Philippines violated its obligations by initiating the arbitration instead of relying solely on bilateral negotiations. The tribunal itself confirmed that the Philippines met the Article 283 requirement to exchange views before seeking third-party settlement. “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 country acted within its rights and obligations as an UNCLOS State Party, especially after years of bilateral dialogue with China yielded no progress, it added. As the global community prepares to commemorate the award’s 10th anniversary in July, the DFA noted the ruling’s enduring systemic importance to the rules-based maritime order. “Indeed, judicial decisions and arbitral awards rendered under UNCLOS benefit all States – not just the parties to a dispute. By clarifying the content of international law, they provide guidance, strengthen legal certainty, and support the peaceful and predictable governance of the oceans,” it said. According to the DFA, the 2016 ruling remains a “clear guidepost” for all nations on the invalidity of excessive or historic maritime claims; the proper scientific and legal assessment of maritime features; defining activities at sea that prejudice the rights of coastal states; and outlining the strict obligations of states to protect and conserve the marine environment. The DFA also emphasized the award’s crucial findings on marine environmental protection, as the tribunal clarified state obligations concerning fragile coral reef ecosystems, biodiversity conservation, and the prevention of severe environmental harm. These environmental mandates, it said, continue to resonate strongly within the evolving framework of international ocean law, serving as a legal benchmark that has already been cited in subsequent global decisions and judgments. (PNA)