On 12 July 2016, the Arbitral Tribunal constituted under the 1982 UN Convention on the Law of the Sea (UNCLOS), issued a final Award on the case initiated by the Philippines against China concerning the maritime disputes in the West Philippine Sea / South China Sea. 

Below are the key findings of the Award:

On China’s Historic Rights within the Nine-Dash Line

The Arbitral Tribunal ruled that China’s historic claims, sovereignty, sovereign rights, and jurisdiction in waters situated within its “nine-dash line” are contrary to the UNCLOS. These claims exceed the geographic and substantive limits of China’s maritime entitlements provided for by the Convention.

On Traditional Fishing at Scarborough (Panatag) Shoal

The Arbitral Tribunal found that Scarborough (Panatag) Shoal is a traditional fishing ground for many nationalities, including those in the Philippines, China (including Taiwan), and Vietnam. The Tribunal also declared that China’s operation of official vessels at Scarborough Shoal from May 2012 onwards unlawfully prevented Filipino fisherfolk from exercising their traditional fishing rights at the Shoal.

On the Protection of the Marine Environment

China’s construction of artificial islands, installations, and structures, and land reclamation activities at seven (7) features of the Spratly Islands caused severe and irreplaceable harm to the coral reef environment. Such activities also damaged the marine environment in the South China Sea.

On the Status of Features

The Arbitral Tribunal ruled that high-tide elevations do not generate an entitlement to a 200-nautical mile (NM) exclusive economic zone and continental shelf. These features can only generate a 12 NM territorial sea. The following are features in the South China Sea declared to be high-tide elevations: Scarborough (Panatag) Shoal, McKennan (Chigua) Reef, Cuarteron (Calderon) Reef, Fiery Cross (Kagitingan) Reef, Johnson (Mabini) Reef, and Gaven (Burgos) Reef (North).

Meanwhile, low-tide elevations do not generate an entitlement to a territorial sea, exclusive economic zone, or continental shelf. Per the Arbitration Award, the following are declared to be low-tide elevations: Hughes Reef, Gaven Reef (South), Subi (Zamora) Reef, Mischief (Panganiban) Reef, and Second Thomas (Ayungin) Shoal.

Aside from being declared as low-tide elevations, the Award also affirmed that Mischief (Panganiban) Reef and Second Thomas (Ayungin) Shoal are within the Philippines’ exclusive economic zone and continental shelf. Furthermore, China’s construction of artificial islands at Mischief (Panganiban) Reef without the authorization of the Philippines breached the Convention and the Philippines’ sovereign rights in its exclusive economic zone and continental shelf.

The Award also affirmed that there are no overlapping exclusive economic zone and continental shelf with respect to Mischief (Panganiban) Reef and Second Thomas (Ayungin) Shoal, including Scarborough (Panatag) Shoal, and the Philippine archipelago.

The Tribunal held that none of the high-tide features located in the Spratly Islands are fully-entitled islands, thus, they do not generate entitlements to an exclusive economic zone or continental shelf.