Tue, 11 Aug 2020

DFA Sec. Locsin: The Hague ruling 'non-negotiable'

Philippine Information Agency
13 Jul 2020, 00:38 GMT+10

QUEZON CITY, July 12 (PIA) -- The South China Sea Arbitration case in favor of the Philippines awarded on 12 July 2016 is "non-negotiable" and a victory to law-abiding nations, said Foreign Affairs Secretary Teodoro Locsin, Jr. in a statement issued today to mark the 4th anniversary of The Hague ruling.

"The arbitral tribunal's award of 12 July 2016 represents a victory, not just for the Philippines, but for the entire community of consistently law-abiding nations... The award is non-negotiable," Locsin said on the unanimous award issued by the Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Seas (UNCLOS).

In January 22, 2013, the Philippines filed a landmark arbitration case versus the People's Republic of China to clarify the latter's sweeping claim of sovereignty over the entire South China Sea termed as the "nine-dash line."

"[It] is a contribution of great significance and consequence to the peaceful settlement of disputes in the South China Sea and to the peace and stability of the region at large," Locsin said while emphasizing that the Philippines recognized a rules-based regional and international order to dispute resolution.

"Pursued within the framework of the UNCLOS - universally recognized as the constitution for the world's oceans - the arbitration award conclusively settled the issue of historic rights and maritime entitlements in the South China Sea," his statement further said.

After the 3-year process, the Arbitral Tribunal in The Hague, Netherlands conclusively ruled that:

China's claim of historic rights to resources within the sea areas falling within the 'nine-dash line' had no basis in law. Rather, claims to historic rights, or other sovereign rights or jurisdiction that exceed the geographic and substantive limits of maritime entitlements under UNCLOS, are without legal effect. On maritime entitlements generated by features in the South China Sea, none of the features in the Spratlys Islands is capable of generating extended maritime zones and that the Spratly Islands cannot generate maritime zones collectively as a unit. The Philippines could declare certain sea areas part of its exclusive economic zone (EEZ), as these areas do not overlap with any possible entitlement claimed by China. 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.

"Compliance in good faith with the award would be consistent with the obligations of the Philippines and China under international law, including UNCLOS to which both parties are signatories," he said.

The Philippines fully adhere to the ruling and its enforcement without compromise and change, the country's top diplomat said.

"Today we commemorate the issuance of the award as a celebration of the rule of law as a means to settle disputes amicably, achieve peace, advance a rules-based and equitable international order, foster cooperation amongst friendly, responsible and civilized nations and clearly mark out who would be in the wrong to insist on claims contrary to this award," he concluded. (MTQ/PIA-IDPD)

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