States Supporting the Arbitration Award of 12 July 2016
Embedded Files
Australia
Australia
"Eight years ago today, an Arbitral Tribunal, constituted under the UN Convention on the Law of the Sea (UNCLOS), made a unanimous, clear, and binding ruling in the South China Sea arbitration between the Philippines and China.
It found China's claims to historic rights in maritime areas within its dashed line had no legal basis. It also found China had violated the Philippines' sovereign rights under UNCLOS and that its vessels had unlawfully created risks of collision and danger.
By ratifying UNCLOS, States consent to, and must comply with, its compulsory dispute settlement procedures in full, not selectively. This includes arbitration. States cannot simply choose not to participate in proceedings commenced against them.
The Arbitral Tribunal's 12 July 2016 findings are final and binding on the Philippines and China. Australia has consistently called for compliance with this decision. We will continue to do so.
A stable and peaceful maritime domain in the Indo-Pacific is vital. It is at the heart of our shared interests and our shared prosperity. UNCLOS' critical freedoms, rights, and obligations serve as a cornerstone of regional peace, stability, and prosperity. By ratifying UNCLOS all States, regardless of size, commit to observe and to protect its essential rules. Conduct inconsistent with UNCLOS is of common concern.
On occasion, disputes over interpretation of UNCLOS arise. Australia is no stranger to these. The UN Charter and UNCLOS require that such disputes be settled peacefully. Where disputes have been subject to ruling by a dispute settlement body, these rulings must be complied with.
This year's anniversary occurs against the backdrop of increasing instability and destabilising conduct in the South China Sea. Australia welcomes discussion between the Philippines and China and encourages ongoing steps to de-escalate tensions and resolve disputes peacefully, consistent with international law."
"On the 7th anniversary of the SCS arbitral award, Australia reaffirms its support for the decision, which is final and binding on both China and the Philippines. We continue to call for respect for international law, particularly #UNCLOS, for an open, stable & prosperous region."
“Five years ago today, an Arbitral Tribunal established in accordance with the UN Convention on the Law of the Sea (UNCLOS) reached a clear and unanimous decision on the South China Sea arbitration between the Philippines and China.
It found that China’s claim to ‘historic rights’ or ‘maritime rights and interests’ established in the ‘long course of historical practice’ in the South China Sea were inconsistent with UNCLOS and, to the extent of that inconsistency, invalid.
The Australian Government has consistently called on the parties to the arbitration to abide by the Tribunal’s decision, which is final and binding on both China and the Philippines.
Our position is guided by our principled support for international law and UNCLOS. UNCLOS sets out the legal framework within which all activities in the oceans and seas must be carried out. It contains clear rules that apply to all countries for maritime claims, the lawful uses of maritime spaces, including freedom of navigation and overflight, and the peaceful resolution of disputes.
Adherence to international law is fundamental to the continuing peace, prosperity and stability of our region. It allows all states – big and small – to resolve disputes peacefully.
Australia will continue to support the right of all countries to seek to resolve disputes peacefully and in accordance with international law, including UNCLOS.”
“We also note that the Arbitral Tribunal ruling on the South China Sea of July 2016 remains legally binding on both parties.
“It is in our interests to use our influence persistently in our region to direct states towards an international legal system that protects their rights and facilitates the peaceful settlement of disputes free from coercion."
“Today the Arbitral Tribunal released its final decision on the Philippines' South China Sea arbitration case.
The Australian Government calls on the Philippines and China to abide by the ruling, which is final and binding on both parties.
The Tribunal in the Philippines' arbitration case was established in accordance with the United Nations Convention on the Law of the Sea (UNCLOS). The Tribunal's decision was not about sovereignty, but about maritime rights under UNCLOS.
UNCLOS provides all countries with a clear framework for the lawful uses of our oceans. It facilitates free and open trade, includes well-established rights to freedom of navigation and overflight, and supports the peaceful resolution of disputes in the maritime space.
Australia supports the right of all countries to seek to resolve disputes peacefully in accordance with international law, including UNCLOS.
Canada
Canada
"As we mark the 8th anniversary of the South China Sea ruling by the @PCA_CPA [Permanent Court of Arbitration], Canada reiterates that the decision is final and binding on China and the Philippines. We call on China to implement the ruling in accordance with its obligations under international law.
Canada continues to work with ASEAN member states, including the Philippines, to ensure full respect for international law in the region. We reaffirm our strong opposition to coercive actions that undermine regional peace, stability and prosperity."
“On the anniversary of the award rendered by the Arbitral Tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS) in the matter of the South China Sea, Canada reiterates that this decision is final, binding on the parties, and provides a vital foundation for the peaceful resolution of competing maritime claims in the region, consistent with international law.
“People's Republic of China’s (China) continued refusal to accept the tribunal decision, and its coercive behaviour in the East and South China Seas, including the occupation of maritime features and the use of naval, coast guard, and maritime militia vessels to harass and obstruct the lawful operations of the ships of other states, are dangerous, and incompatible with China’s obligations under international law. Canada reaffirms its strong opposition to unilateral actions that threaten the status quo. We stand with the Philippines and all Association Southeast Asian Nations (ASEAN) member states in upholding international law as the essential basis for safe and responsible maritime activity.
“As outlined in its Indo-Pacific Strategy, Canada is working hand-in-hand with ASEAN member states, including the Philippines, to ensure full respect for international law, including UNCLOS, in the South China Sea. Agreement on a common way forward is essential to set conditions for effective, responsible, collaborative management of maritime resources, maintenance of maritime safety, and preservation of marine biodiversity. In this regard, Canada welcomes ongoing efforts by ASEAN member states and China to develop a Code of Conduct for the South China Sea. We encourage transparency in these negotiations, and reiterate that any agreement must respect and uphold the rights enjoyed by all states under international law.”
“On the fifth anniversary of the decision by the tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS) in the matter of the South China Sea Arbitration, Canada reiterates the need for all involved parties to comply with it. This decision is a significant milestone and a useful basis for peacefully resolving disputes in the South China Sea.
“It is imperative that all parties in the region demonstrate restraint and avoid taking action unilaterally, as this would exacerbate tensions and threaten regional stability.
“Canada is particularly concerned by China’s escalatory and destabilizing actions in the East and South China Seas, including, recently, off the Philippine coast, and by the militarization of disputed features and the use of naval, coast guard and maritime militia vessels to intimidate and threaten the ships of other states.
“We call on all states, including China, to live up to previous commitments made in the 2002 Declaration on the Conduct of the Parties in the South China Sea.
“Canada is pleased to see that ASEAN members and China have resumed negotiations to develop a code of conduct for the South China Sea. We encourage transparency in these negotiations and reiterate that the agreement should not derogate from the rights that parties enjoy under international law or prejudice the rights of third parties.
“Canada supports lawful commerce, navigation and overflight rights, as well as the sovereign rights and jurisdiction of coastal states in the South China Sea, exercised in accordance with international law, including the UNCLOS. These principles are essential to a secure, stable and prosperous Indo-Pacific region.
“Canada is committed to defending and revitalizing an effective rules-based international order, including for the oceans and seas, and to the peaceful resolution of disputes in accordance with international law.”
“International law provides the foundation upon which peaceful relations among states are built, and promoting the development and use of international law to resolve difficult problems underpins Canadian foreign policy.
“On July 12, 2016, the tribunal constituted under the United Nations Convention on the Law of the Sea rendered a decision in the matter of the South China Sea Arbitration, which is binding on the parties to it.
“Whether one agrees or not with the ruling, Canada believes that the parties should comply with it. All parties should seize this opportunity as a stepping stone to renewed efforts to peacefully manage and resolve their disputes, in accordance with international law.
“We are deeply concerned about regional tensions that have been escalating for a number of years and have the potential to undermine peace and stability.
“It is essential that all states in the region exercise restraint and avoid coercion and actions that will escalate tension.
“All claimants must refrain from land reclamation, militarization and other actions that can undermine regional security and stability. Actions that could jeopardize freedom of navigation and overflight exercised in accordance with international law, maritime security and international trade must also be avoided.
“We urge all claimants to restore trust and confidence, including through the full and effective implementation of the Declaration on the Conduct of the Parties in the South China Sea, and the expeditious negotiation of a binding Code of Conduct.
“Canada is committed to the maintenance of international law and to an international rules-based order for the oceans and seas, as well as to the peaceful management and settlements of disputes. Canada therefore stands ready to contribute to initiatives that build confidence and help restore trust in the region.”
European Union
European Union
“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.”
India
India
". . . [I]n the Joint Statement, we [India-Philippines] did recognize the need for the adherence in international law and called for the Arbitral Award to be respected in that context."
Amb. Shambhu Kumaran's statement at the Stratbase ADRi "7th Year of the Arbitral Victory:
Defending the West Philippne Sea, the Indo-Pcific and the Rules-Based Order," 12 July 2023
Defending the West Philippne Sea, the Indo-Pcific and the Rules-Based Order," 12 July 2023
“[External Affairs Minister of India] EAM and [Secretary for Foreign Affairs of the Philippines] SFA held wide-ranging and substantive discussions on regional and international issues of mutual concern. They underlined that both countries have a shared interest in a free, open and inclusive Indo-Pacific region. They underlined the need for peaceful settlement of disputes and for adherence to international law, especially the UNCLOS and the 2016 Arbitral Award on the South China Sea in this regard.”
“India has noted the Award of the Arbitral Tribunal constituted under Annex VII of the 1982 United Nations Convention on the Law of Sea (UNCLOS) in the matter concerning the Republic of the Philippines and the People’s Republic of China.
India supports freedom of navigation and over flight, and unimpeded commerce, based on the principles of international law, as reflected notably in the UNCLOS. India believes that States should resolve disputes through peaceful means without threat or use of force and exercise self-restraint in the conduct of activities that could complicate or escalate disputes affecting peace and stability.
“Sea lanes of communication passing through the South China Sea are critical for peace, stability, prosperity and development. As a State Party to the UNCLOS, India urges all parties to show utmost respect for the UNCLOS, which establishes the international legal order of the seas and oceans.”
Germany
Germany
"Eight years ago, the Philippines vs. China Arbitral Award of 12 July 2016 clarified the legal status of several features in the South China Sea and confirmed that all maritime claims must be based on the relevant Improvisions of UNCLOS.
The 2016 Arbitral Award is legally binding on both parties and as relevant as ever. In light of recent events, Germany emphasizes that UNCLOS sets out the universal legal framework that governs all activities in the oceans and seas. As escalatory behavior continues to heighten tensions in the region, Germany underlines the fundamental importance of upholding the freedoms, rights and duties of all States enshrined in UNCLOS, in particular the freedoms of navigation and overflight, as well as the right of innocent passage. We encourage all States to refrain from any threat or use of force or coercive action that would violate the exercise of these freedoms, rights and duties.
Germany calls for continued efforts to peacefully resolve outstanding claims through dialogue and cooperation based on international law.
Germany remains committed to working with responsible partners to promote a peaceful and prosperous future for the South China Sea region."
Japan
Japan
"Today, eight years have passed since the issuance of the Arbitral Tribunal’s award as to the disputes between the Republic of the Philippines and the People’s Republic of China regarding the South China Sea. The Tribunal’s award is final and legally binding on the parties to the dispute, the Philippines and China, under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS).
Upholding and reinforcing the free and open international order based on the rule of law will be the benefit of all countries, large and small. Based on this recognition, Japan highly appreciates the position of the Government of the Philippines, which has consistently complied with the award and shown its commitment to the peaceful settlement of disputes in the South China Sea.
The claim by China that it will not accept the award is against the principle of peaceful settlement of disputes in accordance with international law, in particular UNCLOS, and undermines the rule of law in the international community. Japan strongly hopes that the parties’ compliance with the award will lead to the peaceful settlement of disputes in the South China Sea.
Japan renews its objection to maritime claims in the South China Sea that are inconsistent with UNCLOS. On this occasion, Japan also reiterates serious concern over repeated actions which obstruct the freedom of navigation and increase regional tensions including recent dangerous actions that resulted in damage to Filipino vessels and injuries to Filipinos onboard.
As reaffirmed with the Philippines at the Second Japan-Philippines Foreign and Defense Ministerial Meeting on July 8th 2024, Japan strongly opposes any unilateral attempts to change the peacefully established status quo by force or coercion and calls on China to abide by the final and legally-binding 2016 award on the South China Sea.
Japan will continue working in coordination with the international community such as ASEAN Member States and the United States to maintain and strengthen the free and open international order based on the rule of law, recalling various initiatives such as the Joint Vision Statement from the Leaders of Japan, the Philippines, and the United States in April 2024 and Apulia G7 Leaders’ Communiqué in June 2024."
"Today, seven years have passed since the issuance of the Arbitral Tribunal’s award as to the disputes between the Republic of the Philippines and the People’s Republic of China regarding the South China Sea. As the Tribunal’s award is final and legally binding on the parties to the dispute under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS), the parties to this case, the Philippines and China, are required to comply with the award. The claim by China that it will not accept the award is against the principle of peaceful settlement of disputes in accordance with international law, in particular UNCLOS, and undermines the rule of law as a fundamental value of the international community. Japan strongly hopes that the parties’ compliance with the award will lead to the peaceful settlement of disputes in the South China Sea.
Upholding and reinforcing the free and open international order based on the rule of law will be the benefit of all countries, large and small. Based on this recognition, Japan highly appreciates the Government of the Philippines for having consistently complied with the award, and shown its commitment to the peaceful settlement of disputes in the South China Sea including through the statement of Secretary of Foreign Affairs Enrique A. Manalo issued in July 2022 regarding the award.
Japan renews its objection to maritime claims in the South China Sea that are inconsistent with UNCLOS and remains seriously concerned about the current situation. Recalling that the Japan-Philippines Joint Statement issued in February 2023, G7 Hiroshima Leaders’ Communiqué in May 2023 and G7 Foreign Ministers’ Communiqué in April 2023 underscored the importance of the free and open international order based on the rule of law, Japan reiterates its strong opposition to unilateral attempts to change the status quo by force or coercion.
Japan will continue working in coordination with ASEAN and other countries concerned to maintain and strengthen the free and open international order based on the rule of law."
"Today, on July 12, 2021, five years have passed since the issuance of the Arbitral Tribunal’s award as to the disputes between the Republic of the Philippines and the People’s Republic of China regarding the South China Sea. As the Tribunal’s award is final and legally binding on the parties to the dispute under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS), the parties to this case, the Philippines and China, are required to comply with the award. The claim by China that it will not accept the award is against the principle of peaceful settlement of disputes in accordance with international law, in particular UNCLOS, and undermines the rule of law as a fundamental value of the international community. Japan strongly hopes that the parties’ compliance with the award will lead to the peaceful settlement of disputes in the South China Sea.
Japan highly appreciates the Philippines’ renewed commitment to the peaceful settlement of disputes in the South China Sea in accordance with the award as shown by the statement by President Duterte at the UN General Assembly in September 2020 and the recent statement of Secretary of Foreign Affairs Locsin issued in June 2021 regarding the award.
Given the universality and comprehensiveness of UNCLOS, all maritime claims must be based on the relevant provisions of UNCLOS. Japan renews its objection to maritime claims in the South China Sea that are inconsistent with UNCLOS and remains seriously concerned about the current situation. Furthermore, Japan reiterates its strong opposition to unilateral attempts to change the status quo by force or coercion.
Japan will continue working in coordination with ASEAN and other countries concerned to maintain and strengthen the maritime order based on the rule of law, and to realize a free and open Indo-Pacific."
"Today, the Arbitral Tribunal rendered the final award in the arbitral proceedings instituted by the Government of the Republic of the Philippines under the United Nations Convention on the Law of the Sea (UNCLOS) as to the disputes between the Philippines and China regarding the South China Sea.
Japan has consistently advocated the importance of the rule of law and the use of peaceful means, not the use of force or coercion, in seeking settlement of maritime disputes.
As the Tribunal’s award is final and legally binding on the parties to the dispute under the provisions of UNCLOS, the parties to this case are required to comply with the award. Japan strongly expects that the parties’ compliance with this award will eventually lead to the peaceful settlement of disputes in the South China Sea."
France
France
"We are fully committed to contribute to a free, open and inclusive Indo-Pacific together with the Philippines and other ASEAN and like-minded partners.
The partnership between France and the Philippines, two maritime nations of the Pacific region, who share the values of democracy, the rule of law, and promote multilateralism and international law, is getting stronger."
"There is simply no alternative to the strict adherence to the rule of law. In that regard, through 2016 Award, the Philippines upheld the highest standards. This historical milestone paves the way for the peaceful settlement of disputes in the South China Sea."
“Following the recent incidents in the South China Sea, we express our concern and call for respect for International law and the resolution of disputes through dialogue.
We are resolutely opposed to any use of force or threat to do so. We recall, in this regard, the Arbitration award rendered under UNCLOS on the 12th of July 2016."
“Today, we commemorate the 6th year of the #SouthChinaSea Arbitral Ruling.
In line with its #IndoPacific strategy, [France] remains committed to the rules-based international order in accordance with [international law], particularly #UNCLOS.
“France is opposed to any attempted fait accompli, unilateral change in existing systems, or challenge to international law through the use of force. ”
New Zealand
New Zealand
"On the 8th anniversary of the Arbitral Award, NZ calls on the parties to respect the ruling on maritime rights in the South China Sea as final and binding. NZ reiterates the need for peaceful resolution of disputes in accordance with UNCLOS - the Constitution for the Oceans."
“There is no legal basis for states to claim 'historic rights' with respect to maritime areas in the South China Sea, as confirmed in the 2016 South China Sea Arbitral Award (the Arbitral Award).”
“While New Zealand does not take a position on the various territorial claims in the South China Sea we have consistently stated that the differing interests in the region should be managed peacefully and in accordance with international law,” Mr McCully says.
“Maintaining peace and stability in the South China Sea is vital to the ongoing prosperity of the wider Asia-Pacific region. It is in all parties’ interests to ensure the United Nations Convention on the Law of the Sea is respected.
“We hope that the Tribunal’s ruling can provide a platform for resolving the longstanding and complex issues in the South China Sea and we urge all parties to work towards this end.”
Norway
Norway
“Respect for international law incl #LawoftheSea is crucial #UNCLOS
Norway supports peaceful, economic development and trade in the Asia-Pacific.
Eight years ago, the Arbitral Tribunal gave its final and legally binding award. Norway urges all parties to comply with the decision”
Portugal
Portugal
“I want to underline Portugal’s support for the UNCLOS Arbitration Award to the Philippines. We believe that it is extremely important for this institution, UNCLOS, to be understood . . . ”
South Korea
South Korea
"Marking the 8th Anniversary of the South China Sea Arbitral Award, we reiterate that peace, stability and rules-based order in the SCS must be upheld together with the freedom of navigation and overflight based on the principles of international law, including UNCLOS."
"Recalling the publicly announced position of each of our countries regarding the dangerous and aggressive behavior supporting unlawful maritime claims that we have recently witnessed by the People’s Republic of China (PRC) in the South China Sea, we strongly oppose any unilateral attempts to change the status quo in the waters of the Indo-Pacific. In particular, we steadfastly oppose the militarization of reclaimed features; the dangerous use of coast guard and maritime militia vessels; and coercive activities. In addition, we are concerned about illegal, unreported, and unregulated fishing. We reiterate our firm commitment to international law, including the freedom of navigation and overflight, as reflected in the UN Convention on the Law of the Sea (UNCLOS). The July 2016 award in the South China Sea arbitration sets out the legal basis for the peaceful resolution of maritime conflicts between the parties to that proceeding."
“The Government of the Republic of Korea has consistently held the position that the peace and stability, and the freedom of navigation and overflight should be safeguarded in the South China Sea, one of the world’s major sea lines of communication, and that disputes in the South China Sea should be resolved in accordance with relevant agreements, non-militarization commitments, as well as internationally established norms of conduct.
“The Government of the Republic of Korea takes note of the arbitration award issued on July 12, and hopes, following the award, that the South China Sea disputes will be resolved through peaceful and creative diplomatic efforts.”
United Kingdom
United Kingdom
“As provided for in UNCLOS, the Arbitral Tribunal’s decision is final and legally binding on both parties. We call on the Philippines and China to abide by its terms.”
“The UK does not take a position on competing sovereignty claims, but strongly opposes any claims that are not consistent with UNCLOS. Adherence to international law, including UNCLOS, is fundamental to ensuring there continues to be a safe, prosperous and stable South China Sea. The UK will continue to encourage the resolution of disputes peacefully and in accordance with international law."
“As a global leader in marine conservation, and founder of the Global Ocean Alliance, the UK takes the Tribunal’s findings in this respect very seriously. The UK calls upon all States in the region to comply with their obligations to protect and preserve the marine environment.”
United States
United States
"Eight years ago, a unanimous Arbitral Tribunal constituted under the 1982 Law of the Sea Convention determined that the People’s Republic of China’s (PRC) expansive South China Sea maritime claims are inconsistent with international law. In its ruling, the Tribunal firmly rejected any PRC territorial or maritime claim to areas determined by the Tribunal to be part of the Philippines’ exclusive economic zone and continental shelf. As provided under the Convention, the 2016 arbitral decision is final and legally binding on the PRC and the Philippines.
Over the past year, the PRC’s use of water cannons, dangerous maneuvers, and destructive tactics – including ramming, forcible towing, and boarding that has resulted in damage to Philippine vessels and injury to Philippine service members – has routinely interfered with the lawful exercise of high seas freedoms in areas where the Arbitral Tribunal determined the PRC has no lawful territorial or maritime claims. The PRC’s actions reflect a blatant disregard for international law as well as the safety and livelihoods of Filipinos.
The United States remains deeply concerned about the PRC’s assertion of “territorial sovereignty” over vast areas that are clearly within the maritime jurisdiction of Vietnam, the Philippines, Malaysia, and Brunei, and where high seas freedoms of navigation and overflight apply under international law. Upholding the international law of the sea, as reflected in the 1982 Law of the Sea Convention, is in the interest of the entire international community and remains vital to the peace, security, and prosperity of all nations.
We continue to call on the PRC to abide by the 2016 arbitral ruling, to cease its dangerous and destabilizing conduct, and to comport its conduct as well as its territorial and maritime claims in the South China Sea to the international law of the sea as reflected in the Convention."
"Today marks the seventh anniversary of an Arbitral Tribunal constituted under the 1982 Law of the Sea Convention firmly rejecting the People’s Republic of China’s (PRC) expansive South China Sea maritime claims, including any PRC claim to the area determined by the Arbitral Tribunal to be part of the Philippines’ exclusive economic zone and continental shelf, as well as any resources therein. Under the terms of the Convention, this ruling is final and legally binding on the Philippines and the PRC.
The United States reaffirms its July 13, 2020, policy regarding maritime claims in the South China Sea. We continue to urge Beijing to comport its maritime claims with international law as reflected in the 1982 Law of the Sea Convention; cease its routine harassment of claimant state vessels lawfully operating in their respective exclusive economic zones; halt its disruption to states’ sovereign rights to explore, exploit, conserve, and manage natural resources; and end its interference with the freedoms of navigation and overflight of states lawfully operating in the region.
We will continue working with allies and partners to advance a free and open Indo-Pacific, one that is at peace and grounded in respect for international law."
"As I noted in my May 26 speech, the United States and our Indo-Pacific allies and partners are committed to preserving a system where goods, ideas, and people flow freely across land, sky, cyberspace, and the open seas. This system benefits all countries, big and small. Preserving a free and open South China Sea governed by international law, as reflected in the 1982 Law of the Sea Convention, is part of this shared vision.
Six years ago, an Arbitral Tribunal constituted under the 1982 Law of the Sea Convention delivered a unanimous decision, which is final and binding on the Philippines and the PRC. In its ruling, the Tribunal firmly rejected the PRC’s expansive South China Sea maritime claims as having no basis in international law. The Tribunal also stated that the PRC has no lawful claim to the areas determined by the Arbitral Tribunal to be part of the Philippines’ exclusive economic zone and continental shelf.
This year, the State Department released Limits in the Seas No. 150—the latest study in a series examining coastal state maritime claims and their consistency with international law—which examines the PRC’s revised articulation of its South China Sea maritime claims following the issuance of the tribunal’s ruling. This study concluded that these rearticulated maritime claims remain plainly inconsistent with international law.
The United States reaffirms its July 13, 2020, policy regarding maritime claims in the South China Sea. We also reaffirm that an armed attack on Philippine armed forces, public vessels, or aircraft in the South China Sea would invoke U.S. mutual defense commitments under Article IV of the 1951 U.S.-Philippines Mutual Defense Treaty.
We call again on the PRC to abide by its obligations under international law and cease its provocative behavior. We will continue to work with allies and partners, as well as regional institutions like ASEAN, to protect and preserve the rules-based order."
"The decision today by the Tribunal in the Philippines-China arbitration is an important contribution to the shared goal of a peaceful resolution to disputes in the South China Sea. We are still studying the decision and have no comment on the merits of the case, but some important principles have been clear from the beginning of this case and are worth restating.
The United States strongly supports the rule of law. We support efforts to resolve territorial and maritime disputes in the South China Sea peacefully, including through arbitration.
When joining the Law of the Sea Convention, parties agree to the Convention’s compulsory dispute settlement process to resolve disputes. In today’s decision and in its decision from October of last year, the Tribunal unanimously found that the Philippines was acting within its rights under the Convention in initiating this arbitration.
As provided in the Convention, the Tribunal’s decision is final and legally binding on both China and the Philippines. The United States expresses its hope and expectation that both parties will comply with their obligations.
In the aftermath of this important decision, we urge all claimants to avoid provocative statements or actions. This decision can and should serve as a new opportunity to renew efforts to address maritime disputes peacefully.
We encourage claimants to clarify their maritime claims in accordance with international law -- as reflected in the Law of the Sea Convention -- and to work together to manage and resolve their disputes. Such steps could provide the basis for further discussions aimed at narrowing the geographic scope of their maritime disputes, setting standards for behavior in disputed areas, and ultimately resolving their underlying disputes free from coercion or the use or threat of force."
Japan and New Zealand (Joint Statement)
Japan and New Zealand (Joint Statement)
“[In their joint statement, Japan and New Zealand] reaffirmed the importance of resolving maritime disputes in accordance with international law, particularly UNCLOS. The Prime Ministers reiterated that all claims to maritime zones must be consistent with the relevant provisions of UNCLOS and called on both parties to comply with the July 2016 Arbitral Award on the South China Sea, which is final and legally binding.”
France, Germany, United Kingdom (Joint Note Verbale)
France, Germany, United Kingdom (Joint Note Verbale)
“France, Germany, and the United Kingdom, as States Parties to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), wish to reaffirm their legal position as follows:
- “France, Germany and the United Kingdom also highlight that claims with regard to exercise of 'historic rights' over the South China Sea waters do not comply with international law and UNCLOS provisions and recall that the arbitral award in the Philippines v. China Case dating 12 July 2016 clearly confirms this point.
- France, Germany, and the United Kingdom hold that all maritime claims in the South China Sea should be made and peacefully resolved in accordance with the principles and rules of UNCLOS and the means and procedures for the settlement of disputes provided for in the Convention.”
Group of Seven (G7)
Group of Seven (G7)
“We underscore the importance of freedom of navigation and overflight and other internationally lawful uses of the high seas and the exclusive economic zones as well as to the related rights and freedoms in other maritime zones, including the rights of innocent passage, transit passage and archipelagic sea lanes passage, as provided for under international law. We share a growing concern at recent, unjustifiable efforts to restrict such freedom and to expand jurisdiction through use of force and other forms of coercion, including across the Taiwan Strait, and the South China Sea, the Red Sea, and the Black Sea. We condemn China’s illicit, provocative, coercive and dangerous actions that seek unilaterally to alter the status quo in such a way as to risk undermining the stability of regions, including through land reclamations, and building of outposts, as well as their use for military purpose. In areas pending final delimitation, we underline the importance of coastal states refraining from unilateral actions that cause permanent physical change to the marine environment insofar as such actions jeopardize or hamper the reaching of the final agreement, as well as the importance of making every effort to enter into provisional arrangements of a practical nature, in those areas. We condemn, as well, dangerous vessel maneuvers, the indiscriminate attacks against commercial vessels and other maritime actions that undermine maritime order based on the rule of law and international law. We reiterate that the award rendered by the Arbitral Tribunal on 12 July 2016 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. . . .”
“We remain seriously concerned about the situation in the East and South China Seas. We reiterate our strong opposition to any unilateral attempts to change the status quo by force or coercion. There is no legal basis for China’s expansive maritime claims in the South China Sea. We reiterate our opposition to China’s militarization and coercive and intimidation activities in the South China Sea. We re-emphasize the universal and unified character of the United Nations Convention on the Law of the Sea and reaffirm its important role in setting out the legal framework that governs all activities in the oceans and seas. We continue to oppose China’s dangerous use of coast guard and maritime militia in the South China Sea and its repeated obstruction of countries’ freedom of navigation and overflight. We express deep concern over the increasing use of dangerous maneuvers and water cannons against Philippine and Vietnamese vessels. We reiterate that the award rendered by the Arbitral Tribunal on 12 July 2016 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.”
“We remain seriously concerned about the situation in the East and South China Seas and reiterate our strong opposition to any unilateral attempt to change the status quo by force or coercion. We continue opposing China’s dangerous use of coast guard and maritime militia in the South China Sea and its repeated obstruction of countries’ high seas freedom of navigation. We express serious concern about the increasing use of dangerous maneuvers and water cannons against Philippine vessels. In this regard, we reaffirm that there is no legal basis for China’s expansive maritime claims in the South China Sea, and we oppose China’s militarization, and coercive and intimidation activities in the South China Sea. We re-emphasize the universal and unified character of the United Nations Convention on the Law of the Sea (UNCLOS) and reaffirm UNCLOS’s important role in setting out the legal framework that governs all activities in the oceans and the seas. We reiterate that the award rendered by the Arbitral Tribunal on 12 July 2016 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.”
“We are seriously concerned about the situation in the East and South China Seas and reiterate our strong opposition to any unilateral attempts to change the status quo by force or coercion. We continue to oppose China’s dangerous use of coast guard and maritime militia in the South China Sea and its repeated obstruction of countries’ high seas freedom of navigation and we express serious concern about the increasing use of dangerous maneuvers and water cannons against Philippines vessels in this regard. There is no legal basis for China’s expansive maritime claims in the South China Sea, and we oppose China’s militarization, coercive and intimidation activities in the South China Sea. We re-emphasize the universal and unified character of the United Nations Convention on the Law of the Sea (UNCLOS) and reaffirm UNCLOS’s important role in setting out the legal framework that governs all activities in the oceans and the seas. We reiterate that the award rendered by the Arbitral Tribunal on July 12, 2016, 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.”
“There is no legal basis for China’s expansive maritime claims in the South China Sea, and we oppose China’s militarization activities in the region. We emphasize the universal and unified character of the UNCLOS and reaffirm UNCLOS’s important role in setting out the legal framework that governs all activities in the oceans and the seas. We reiterate that the award rendered by the Arbitral Tribunal on July 12, 2016, 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.”
“We reaffirm our commitment to maintaining a rules-based order in the maritime domain based on the principles of international law, including as reflected in the United Nations Convention on the Law of the Sea (UNCLOS), and to the peaceful settlement of maritime disputes through diplomatic and legal means, including arbitration. We remain concerned about the situation in the East and South China Seas and strongly opposed to any unilateral actions that could increase tensions. We urge all parties to pursue demilitarization of disputed features.”
Japan, South Korea, United States (Joint Statement)
Japan, South Korea, United States (Joint Statement)
"Recalling the publicly announced position of each of our countries regarding the dangerous and aggressive behavior supporting unlawful maritime claims that we have recently witnessed by the People’s Republic of China (PRC) in the South China Sea, we strongly oppose any unilateral attempts to change the status quo in the waters of the Indo-Pacific. In particular, we steadfastly oppose the militarization of reclaimed features; the dangerous use of coast guard and maritime militia vessels; and coercive activities. In addition, we are concerned about illegal, unreported, and unregulated fishing. We reiterate our firm commitment to international law, including the freedom of navigation and overflight, as reflected in the UN Convention on the Law of the Sea (UNCLOS). The July 2016 award in the South China Sea arbitration sets out the legal basis for the peaceful resolution of maritime conflicts between the parties to that proceeding."
Australia, India, Japan, and the United States (Joint Statement)
Australia, India, Japan, and the United States (Joint Statement)
“We remain seriously concerned about the situation in the East China Sea and South China Sea. We reiterate our strong opposition to any unilateral actions that seek to change the status quo by force or coercion. We express our serious concerns regarding dangerous and provocative actions, including interference with offshore resource development, the repeated obstruction of the freedoms of navigation and overflight, and the dangerous maneuvers by military aircraft and coast guard and maritime militia vessels, especially the unsafe use of water cannons and ramming or blocking actions in the South China Sea. These actions threaten peace and stability in the region. We are seriously concerned by the militarization of disputed features. We emphasize the importance of upholding freedom of navigation and overflight, other lawful uses of the sea, and unimpeded commerce consistent with international law, as reflected in the United Nations Convention on the Law of the Sea (UNCLOS). We affirm that maritime disputes must be resolved peacefully and in accordance with international law, and reiterate that the award rendered by the Arbitral Tribunal on July 12, 2016 is a significant milestone and the basis for peacefully resolving disputes between the parties.”
“We reaffirm our conviction that international law, including respect for sovereignty and territorial integrity, and the maintenance of peace, safety, security and stability in the maritime domain underpin the development and prosperity of the Indo-Pacific. We emphasize the importance of adherence to international law, particularly as reflected in the United Nations Convention on the Law of the Sea (UNCLOS), to address challenges to the global maritime rules-based order, including with respect to maritime claims, and in the South and East China Seas. We are seriously concerned about the situation in the East and South China Seas and reiterate our strong opposition to any unilateral actions that seek to change the status quo by force or coercion. We continue to express our serious concern about the militarization of disputed features, and coercive and intimidating maneuvers in the South China Sea. We also express our serious concern about the dangerous use of coast guard and maritime militia vessels, the increasing use of various kinds of dangerous maneuvers, and efforts to disrupt other countries' offshore resource exploitation activities. We affirm that maritime disputes must be resolved peacefully and in accordance with international law, as reflected in UNCLOS. We emphasize the importance of maintaining and upholding freedom of navigation and overflight, other lawful uses of sea, and unimpeded commerce consistent with international law. We re-emphasize the universal and unified character of UNCLOS and reaffirm that UNCLOS sets out the legal framework within which all activities in the oceans and the seas must be carried out. We reiterate that the award rendered by the Arbitral Tribunal on July 12, 2016, is a significant milestone, and the basis for peacefully resolving disputes between the parties.”
Australia, Japan, Philippines, and the United States (Joint Statement)
Australia, Japan, Philippines, and the United States (Joint Statement)
“We stand with all nations in safeguarding the international order based on the rule of law that is the foundation for a peaceful and stable Indo-Pacific region. Our four nations reaffirm the position regarding the 2016 South China Sea Arbitral Tribunal Award as a final and legally binding decision on the parties to the dispute.”
Japan and the United States (Joint Statement)
Japan and the United States (Joint Statement)
“The Ministers reiterated their strong objections to the PRC's unlawful maritime claims, militarization of reclaimed features, and threatening and provocative activities in the South China Sea. The PRC's destabilizing actions in this region include unsafe encounters at sea and in the air, efforts to disrupt other countries' offshore resources exploitation, as well as the dangerous use of Coast Guard and maritime militia vessels. The Ministers reaffirmed full respect for international law, including freedom of navigation and overflight and other lawful uses of the sea as reflected in the relevant provisions of the 1982 Law of the Sea Convention (UNCLOS). They emphasized that the July 12, 2016, Award in the South China Sea Arbitration (The Republic of Philippines v. The PRC), constituted under UNCLOS, is final and legally binding on the parties to that proceeding. The Ministers reaffirmed their serious concern over the PRC's repeated obstruction of Philippine vessels' exercise of high seas freedom of navigation and the disruption of supply lines to Second Thomas Shoal, which constitute dangerous and destabilizing conduct. The Ministers resolved to work with partners in Southeast Asia, based on their unwavering support for ASEAN centrality and unity, to support regional maritime security and uphold international law.”
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