States Positively Acknowledging the Arbitration Award of 12 July 2016

"12 July marks the eighth anniversary of the award issued by the tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS) in the arbitration instituted by the Republic of the Philippines against the People’s Republic of China concerning the South China Sea. This award represents a significant milestone in the peaceful resolution of disputes in the South China Sea. Dispute settlement mechanisms provided under UNCLOS contribute to the maintenance and furthering of the international legal order based on the rule of law.

The EU views the 2016 Arbitral Award as legally binding upon the parties to the proceedings, including the important finding that the Second Thomas Shoal is within the exclusive economic zone and continental shelf of the Philippines.

All parties involved must respect and honour the award. Upholding the freedoms, rights and duties established in UNCLOS, in particular the freedoms of navigation and overflight, is of paramount importance for reducing tensions in the region. It is also essential for maintaining, strengthening and deepening peace and security, while ensuring safe, free and open sea supply routes worldwide.

The EU reiterates its support for efforts by ASEAN and China to finalise negotiations on an effective and substantive Code of Conduct in the South China Sea, as well as any other dialogue to resolve tensions, fully consistent with UNCLOS and other obligations under international law."

"South China Sea: Statement by the Spokesperson on the anniversary of the Award
rendered in the arbitration between the Philippines and China," 11 July 2024

"12 July marks the seventh anniversary of the Award issued by the Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS) in the arbitration instituted by the Republic of the Philippines against the People’s Republic of China concerning the South China Sea.

The EU recalls that the dispute settlement mechanisms provided under UNCLOS contribute to the maintenance and furthering of the international order based upon the rule of law and are essential to settle disputes.

The Award of the Arbitral Tribunal is a significant milestone, which is legally binding upon the parties to those proceedings, and a useful basis for peacefully resolving disputes between the parties. 

The EU reiterates the fundamental importance of upholding the freedoms, rights and duties established in UNCLOS, in particular the freedoms of navigation and overflight.

The EU is committed to secure, free and open maritime supply routes in the Indo-Pacific, in full compliance with international law, as reflected in UNCLOS, in the interest of all.  

The EU supports the swift conclusion of talks aiming at an effective Code of Conduct between ASEAN and China that is fully compatible with UNCLOS and also respects the rights of third parties."

"Local EU Statement on the Anniversary of the Award rendered in the Arbitration between the Republic of the Philippines and the People’s Republic of China on the South China Sea," 12 July 2023

"Tensions in the South China Sea, including the recent presence of large Chinese vessels at Whitsun Reef, endanger peace and stability in the region.

The EU is committed to secure, free and open maritime supply routes in the Indo-Pacific, in full compliance with international law, in particular the United Nations Convention on the Law of the Sea (UNCLOS), in the interest of all.

The EU reiterates its strong opposition to any unilateral actions that could undermine regional stability and the international rules-based order. We urge all parties to resolve disputes through peaceful means in accordance with international law, in particular UNCLOS, including its dispute settlement mechanisms. The EU recalls in this regard the Arbitration Award rendered under UNCLOS on 12 July 2016.

The EU supports the ASEAN-led process towards an effective, substantive and legally binding Code of Conduct, which should not prejudice the interests of third parties. The EU urges all parties to pursue sincere efforts towards its finalisation."

European Union External Action, “South China Sea:
Statement by the Spokesperson on Challenges to Peace and Stability,” 24 April 2021

"The European Union and its Member States, as contracting parties to the United Nations Convention on the Law of the Sea (UNCLOS), acknowledge the Award rendered by the Arbitral Tribunal, being committed to maintaining a legal order of the seas and oceans based upon the principles of international law, UNCLOS, and to the peaceful settlement of disputes. 

The EU does not take a position on sovereignty aspects relating to claims. It expresses the need for the parties to the dispute to resolve it through peaceful means, to clarify their claims and pursue them in respect and in accordance with international law, including the work in the framework of UNCLOS. 

The EU recalls that the dispute settlement mechanisms as provided under UNCLOS contribute to the maintenance and furthering of the international order based upon the Rule of Law and are essential to settle disputes. 

The EU also underlines the fundamental importance of upholding the freedoms, rights and duties established in UNCLOS, in particular the freedoms of navigation and overflight. 

The EU supports the swift conclusion of talks aiming at an effective Code of Conduct between ASEAN and China implementing the 2002 Declaration on the Conduct of Parties in the South China Sea. 

Recalling its Statement of 11 March 2016, the EU calls upon the parties concerned to address remaining and further related issues through negotiations and other peaceful means and refrain from activities likely to raise tensions. As a member of the ASEAN Regional Forum (ARF) and as a High Contracting Party to the 1976 Treaty of Amity and Cooperation in South East Asia, the EU also wishes to "foster cooperation in the furtherance of the cause of peace, harmony, and stability in the region". The EU therefore stands ready to facilitate activities which help to build confidence between the parties concerned.

While underlining the importance of all States working together to protect the marine ecosystem already endangered by the intensification of maritime traffic and dredging, the EU and its Member States will continue to organise High Level Dialogues on Maritime Security Cooperation and the exchange of best practices on joint management and development of shared resources, such as fisheries, as well as on capacity-building measures."

"Malaysia notes that the Arbitral Tribunal under Annex VII to the 1982 United Nations Convention on the Law of the Sea (1982 UNCLOS) issued its award on 12 July 2016.

Malaysia is fully committed and calls on all parties to ensure the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) in its entirety; and the early conclusion of a Code of Conduct in the South China Sea (COC) as agreed between China and ASEAN countries.

Malaysia believes that all relevant parties can peacefully resolve disputes by full respect for diplomatic and legal processes; and relevant international law and 1982 UNCLOS.

Malaysia believes that it is important to maintain peace, security and stability through the exercise of self-restraint in the conduct of activities that may further complicate disputes or escalate tension, and avoid the threat or use of force in the South China Sea.

Malaysia cherishes peace and stability of the South China Sea and believes that China and all relevant parties can find constructive ways to develop healthy dialogues, negotiations and consultations while upholding the supremacy of the rule of law for the peace, safety and security for the region."

"Singapore has taken note of the Award made by the Arbitral Tribunal convened under Annex VII to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) on 12 July 2016 on the case between the Republic of the Philippines and the People’s Republic of China. We are studying the Award and its implications on Singapore and the wider region.

Singapore is not a claimant state and we do not take sides on the competing territorial claims. However, we support the peaceful resolution of disputes among claimants in accordance with universally-recognised principles of international law, including UNCLOS, without resorting to the threat or use of force. As a small state, we strongly support the maintenance of a rules-based order that upholds and protects the rights and privileges of all states.

Singapore values our long-standing and friendly relations with all parties, bilaterally and in the context of ASEAN. We urge all parties to fully respect legal and diplomatic processes, exercise self-restraint and avoid conducting any activities that may raise tensions in the region.

Singapore supports the full and effective implementation of the Declaration on the Conduct of Parties in the South China Sea and the expeditious conclusion of a legally-binding Code of Conduct in the South China Sea."