NOT
ONE
INCH.
2016 SOUTH CHINA SEA ARBITRATION
AWARD ONLINE RESOURCE
"I will not preside over any process that will abandon even one square inch of territory of the Republic of the Philippines to any foreign power."
-President Ferdinand Marcos Jr.
The Philippines regards the Award in the South China Sea Arbitration of 12 July 2016 as a significant contribution to international law and the interpretation and application of the UN Convention on the Law of the Sea (UNCLOS). The Award conclusively settled the issue of historic rights and maritime entitlements in the South China Sea. Claims to historic rights, or other sovereign rights or jurisdiction beyond the geographic and substantive limits of UNCLOS-provided maritime entitlements are without legal effect.
On 12 July 2016, the Arbitral Tribunal in the South China Sea Arbitration (The Republic of the Philippines v. The People’s Republic of China) issued a unanimous award which authoritatively ruled that the claim of historic rights to resources within the sea areas falling within the ‘nine-dash line’ had no basis in law and is without legal effect; upheld the Philippines’ sovereign rights and jurisdiction in its exclusive economic zone; and affirmed that certain actions within the Philippines’ EEZ violated the Philippines’ sovereign rights and were thus unlawful; that large-scale reclamation and construction of artificial islands caused severe environmental harm in violation of international conventions; that the large-scale harvesting of endangered marine species damaged the marine ecosystem; and that actions taken since the commencement of the arbitration had aggravated the disputes.
The Arbitral Award declared that the UNCLOS superseded any historic rights, or other sovereign rights or jurisdiction, in excess of the limits imposed by the Convention. Thus, China’s claims to historic rights, sovereign rights or jurisdiction in areas of the “nine-dash line” are contrary to UNCLOS and without lawful effect in so far as they exceed the geographic and substantive limits of China’s entitlements under the Convention. The Arbitral Award also declared that Mischief Reef and Second Thomas Shoal are within the exclusive economic zone (EEZ) and continental shelf (CS) of the Philippines.
UNCLOS and the 2016 Arbitral Award are the twin anchors of the Philippines’ policy and actions in the West Philippine Sea, consistent with the principles set in place by the Philippines in sponsoring the approval of the Manila Declaration on the Peaceful Settlement of International Disputes (resolution 37/10 - under the item Peaceful settlement of disputes between States) by the United Nations General Assembly on 15 November 1982.
This website provides a central resource for official information and positions on the 2016 Arbitral Award, and its contributions to the rule of law and peaceful settlement of disputes through UNCLOS and international law.
Read about the 2016 South China Sea Arbitration Award here.