Western and Asian Nations Reaffirm Illegality of China’s South China Sea Claims

Manila, Philippines (AP) — The United States, the United Kingdom, and over a dozen other Western and Asian countries reiterated on Sunday that China’s wide-ranging claims on the South China Sea are illegal. This stance is based on a 2016 arbitration ruling. A joint statement by the 14 countries rejected destabilizing actions in the disputed waters that threaten regional stability.

The European Union, comprising 27 countries, issued a separate statement, calling the ruling a “historic decision” for peaceful dispute resolution. These statements marked the anniversary of the July 12, 2016 arbitration ruling. The ruling was delivered by a tribunal set up in The Hague under the United Nations Convention on the Law of the Sea. It stated that the decision is final and legally binding.

China responded, declaring the ruling “null and void,” and stated that it neither accepts nor acknowledges it. China declined to participate in the arbitration initiated by the Philippines in 2013, following a tense standoff in 2012. This confrontation ended with China effectively taking control of a disputed shoal.

China dismissed the 2016 ruling while continuing to assert its claims over nearly the entire maritime region. This passage is crucial for global trade and has long been considered one of Asia’s most active contention points. The area has seen repeated territorial conflicts involving China, the Philippines, Vietnam, Malaysia, Brunei, and Taiwan.

The U.S.-led statement emphasized, “We reaffirm the Arbitral Tribunal’s decision that there is no legal basis for China’s expansive maritime claims in the South China Sea, including claims based on ‘historical rights’.” The tribunal’s decision largely favored the Philippines, determining that under the United Nations Convention on the Law of the Sea, China had no legal basis to claim historic rights over resources beyond its internationally recognized territory.

This convention, regarded as the governing treaty for oceans and seas globally, came into effect in 1994. It has been ratified by over 170 entities, including China and the Philippines. Signatories of the Sunday statement included the Philippines, Japan, Australia, New Zealand, Canada, Germany, Italy, Estonia, Latvia, Lithuania, Romania, and Slovenia.

They opposed any forceful or coercive actions threatening peace and stability in the region. They highlighted opposition to harassment, obstruction, or intimidation of lawful operations by other states at sea or in the air, endangering personnel and fishermen, and severely compromising regional peace and security.

The countries insisted on maintaining “freedom of navigation and overflight, as well as other lawful uses of the sea per international law, as reflected in the UN Convention on the Law of the Sea.” They stressed that territorial disputes must be resolved peacefully, based on the 1982 UN convention.

In Beijing, China’s Ministry of Foreign Affairs argued that the tribunal and its ruling “seriously contravene general practice of international arbitration.” It claimed the ruling severely breached China’s rights as a sovereign nation and signatory to the UN Convention on the Law of the Sea, deeming it unfair and illegal.

China expressed strong opposition, committing to never accept claims or actions based on these rulings. Beijing stated it rejects any third-party dispute resolution or imposed solutions.

Territorial clashes in the disputed waters have intensified recently. Chinese forces and fishing fleets frequently confront vessels from the Philippines and Vietnam. China’s coast guard ships and support vessels have employed powerful water cannons, military lasers, and dangerous blocking maneuvers against rival claims, leading to collisions and high-risk air encounters.

The U.S. has repeatedly urged China to adhere to the arbitration ruling. Both former President Trump and incumbent President Biden have warned that Washington is obliged to defend the Philippines, its longest-standing treaty ally in Asia, should Filipino forces, vessels, or aircraft face an armed attack in disputed waters.