States consistently back Arbitral Award as "final and binding"

By Joyce Ann L. Rocamora

July 12, 2024, 9:34 pm

<p><strong>STRATBASE ADRI FORUM</strong>. Stratbase ADR Institute President Victor Andres Manhit (left) with National Security Adviser Eduardo Año (center) and ambassadors at the Stratbase ADRI forum titled, "The 8th Year of the Arbitral Victory: A Collective Pursuit of Maritime Security in the West Philippine Sea", at the Manila Polo Club in Makati City on Friday (July 12, 2024). Also in photo are (from left) Canadian Ambassador David Hartman, Japanese Ambassador Kazuya Endo, Australian Ambassador HK Yu, US Ambassador MaryKay Carlson, and French Ambassador Marie Fontanel. <em>(PNA Photo by Robert Alfiler)</em></p>

STRATBASE ADRI FORUM. Stratbase ADR Institute President Victor Andres Manhit (left) with National Security Adviser Eduardo Año (center) and ambassadors at the Stratbase ADRI forum titled, "The 8th Year of the Arbitral Victory: A Collective Pursuit of Maritime Security in the West Philippine Sea", at the Manila Polo Club in Makati City on Friday (July 12, 2024). Also in photo are (from left) Canadian Ambassador David Hartman, Japanese Ambassador Kazuya Endo, Australian Ambassador HK Yu, US Ambassador MaryKay Carlson, and French Ambassador Marie Fontanel. (PNA Photo by Robert Alfiler)

MANILA – Foreign governments have reaffirmed support to the Arbitral Tribunal on the South China Sea as it marks its eighth year, describing it as “final and binding” on all parties, including China.

At a Stratbase ADRI forum in Makati on Friday, the United States, Japan, Australia, France and Canada vowed to work closely with the Philippines in various areas to help boost its capabilities and contribute to the maritime security in the West Philippine Sea.

The envoys recognized that challenges remain as the Philippines continues to confront “dangerous actions” within its very maritime zones, referencing to China’s disruptions of Filipino resupply operations to troops manning the country’s outpost in the Ayungin Shoal.

Canadian Ambassador David Hartman, who conveyed Ottawa’s consistent backing of the ruling, said Canada has increased its naval presence in the Indo-Pacific, including by joining joint maritime undertakings with the United States, Japan, and the Philippines in the West Philippine Sea.

“[C]anada has been constant and consistent in its emphasis that the 2016 Arbitral Ruling is both final and binding on the parties,” he said.

“Rest assured that Canada will continue to work with the Philippines, as well as with our allies and partners, including here in the ASEAN region, to provide meaningful support to regional peace and security and to uphold the rule of law in the maritime domain,” he added.

Japanese Ambassador Kazuya Endo said while the 2016 Arbitral Award “showed crystal clear directions in navigating the turbulent waters of the South China Sea, the actual situations on the sea remain challenging and complex”.

“As international law has not been fully equipped with centralized mandatory enforcement mechanisms. The cornerstone lies in fostering the respect for the rules-based international order,” he said.

But he noted that the power of international voices holds importance in shaping outcomes.

“The Philippines has the support and backing of many like-minded countries who are present here today. As allies, partners, friends, we stand united in navigating these uncertain waters and uphold the fundamental principles that safeguard our shared waters,” he said.

“In this regard, Japan is undeterred to fulfill its commitment. As Japan and the Philippines are neighboring maritime nations, we have a shared responsibility in upholding and protecting the peace and stability across the region,” he added.

Australian Ambassador HK Yu said Canberra will continue helping the country build its capacity and contribute to the maritime security.

“The Philippines is not facing this challenge alone. It is a challenge that cannot be faced alone, not by any one country in this room,” she said.

“So we will continue to pursue, collectively, maritime security in the West Philippine Sea. And as the Australian Ambassador to the Philippines, I can tell you this. You can count on Australia,” she added.

French Ambassador to the Philippines Marie Fontanel, for her part, reaffirmed that Paris regards the Arbitral Tribunal is a significant tool in upholding a rule-based order in the region.

“As increasing tensions become the new normal, the risk of uncontrolled escalation with regional or even global repercussions cannot be underestimated. When it comes to these issues, France shares with the Philippines a non-confrontational approach firmly anchored in the respect of international law and multilateralism,” she said.

“In that regard, the 2016 Arbitral Award sends to the world a powerful message for which we must thank the Philippines,” she added.

She reiterated that Paris is committed to the region as reflected in its growing involvement in defense and security partnerships in the Asia Pacific, including with the Philippines.

“The partnership between France and the Philippines, two maritime blue nations of the Pacific region who share the values of democracy, the rule of law, and promote multilateralism in international law, is stronger and stronger, and you can count on us,” she said.

US Ambassador MaryKay Carlson, on the other hand, emphasized the ruling’s contribution to the economic activities in the region.

The envoy said it has “memorialized vast maritime areas where all nations enjoy freedom of navigation and overflight under international law, providing the legal foundation for trade, investment, and economic activity to thrive in the Indo-Pacific region”.

“The South China Sea is one of the busiest shipping lanes in the world, facilitating over USD3 trillion in annual trade. It is also home to abundant biodiversity and accounts for 12 percent of the global fish catch, supporting the livelihoods of millions. So, the stakes and the impacts are extremely high,” she said.

READ: PH vows to pursue peace in SCS as Arbitral Award marks 8 years

The Philippines brought the arbitration case against China in 2013 and secured a historic win in 2016 after the Arbitral Tribunal firmly rejected Beijing’s expansive claims under its so-called nine-dash line

In the forum, Foreign Affairs Undersecretary Ma. Theresa Lazaro said the award has “settled with finality the unlawfulness” of the nine-dash line and the “imaginary historic rights it is based on”.

It also ruled on the status of the features within the Philippines’ Exclusive Economic Zone (EEZ).

“Shortly thereafter, it was clear that China is not inclined to recognize or comply with the decision, and that it is prepared to put the weight of its political and economic might behind repudiation of the Award,” she recalled.

“Today’s eighth anniversary, therefore, provides a solemn occasion for us to reflect on the challenges that we face in the direct enforcement of the Award, with a view to securing China’s compliance with the decision, but we also have the opportunity to identify creative solutions to reinforce the Award,” she added. (PNA)


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