Philippines stands firm on arbitral victory as China rejects ruling at United Nations

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NEW YORK — The Philippines reiterated before the United Nations (UN) General Assembly that the 2016 arbitral ruling that invalidated China's sweeping claims over the South China Sea is binding and should be respected by all parties.

The Philippine delegation pushed back against remarks issued by China, which insisted that the UN was not the appropriate forum to discuss South China Sea issues, aside from other assertions challenging the ruling.

Paolo Mapula, Second Secretary and First Committee Expert of the Permanent Mission of the Republic of the Philippines to the United Nations, conveyed the Philippines' position that stood pat on its sovereign rights over its exclusive economic zone (EEZ).

Exercising the Philippines' right of reply before the UN General Assembly, Mapula said, "This year marks the tenth anniversary of the Award. The Philippines recalls that UNCLOS and the Award are the twin anchors of our policy and actions in the South China Sea. UNCLOS establishes the legal framework within which all activities in the oceans and seas must be carried out. The Award, rendered by an Arbitral Tribunal constituted under Annex VII of UNCLOS, is final and binding upon the parties pursuant to Article 296 of the Convention and Article 11 of Annex VII."

The Philippines maintained that China's so-called nine-dash line claims in the South China Sea are "contrary to the Convention" and "exceed the geographic and substantive limits" of China's entitlements under the UNCLOS.

"The Tribunal further upheld the Philippines’ sovereign rights in its exclusive economic zone and found that certain actions therein violated those rights. These propositions are at the core of the Philippines' longstanding position on the Award," Mapula said.

Ayungin Shoal, Bajo de Masinloc

The Philippines' right of reply also cited a September 24 incident wherein China Coast Guard and Chinese militia vessels "interfered" with a rotation and resupply mission to the BRP Sierra Madre in Ayungin Shoal, which is within Manila's EEZ.

"Interference with lawful Philippine activities there must therefore be considered against the rights and obligations established by UNCLOS and clarified by the Award," he added.

Mapula likewise conveyed that the Philippines rejects China's establishment of a nature reserve at Bajo de Masinloc, also known as Scarborough Shoal, which also within Manila's territory.

"Here is a clear case where environmental protection cannot be invoked as a basis for measures inconsistent with these rights and with the applicable rules of international law. The Philippines rejects China's measure and calls for compliance with UNCLOS and the Award," Mapula said.

Call for respect

Saying the matter was an interest shared by the international community, the Philippines called on China to respect international law and comply with UNCLOS and the final and binding 2016 South China Sea Arbitral Award.

"Mr. President, the Philippines reiterates that the Award did not create rights for the Philippines beyond those provided by UNCLOS. It authoritatively applied the Convention to the disputes submitted to the Tribunal. To respect the Award is therefore to respect UNCLOS and the integrity of the legal order established by the Convention," Mapula said.

"The Philippines will continue to exercise its rights and discharge its obligations in accordance with international law. We call on China to do the same and to comply with UNCLOS and the final and binding 2016 South China Sea Arbitral Award," he added.

A decade after

For its part, China dismissed the Philippines' "erroneous claims."

China's Deputy Permanent Representative to the United Nations, Sun Lei, reiterated that China neither accepts nor recognizes the ruling.

"the Philippines' attempt to emphasize the fact that a decade has passed since the so-called award is 'utterly meaningless,'" Sun Lei said.

China argued that the ruling has failed to resolve maritime disputes between China and the Philippines and has instead contributed to growing regional tensions and strained relations between the two countries. — Dave Llavanes Jr./ VDV, GMA News