Eighth Anniversary of the U.N. Arbitral Ruling on the South China Sea

12 July 2024 – A key element in championing a free and open Indo-Pacific is the preservation of peace and stability in the South China Sea through maintenance of a rules-based order consistent with the unanimous decision of the United Nations Arbitral Tribunal on July 12, 2016.

On the occasion of the eighth anniversary of the U.N. Arbitral ruling and at a time of heightened global uncertainty, the US-Philippines Society calls attention to South China Sea disputes and the Tribunal’s rejection of China’s sweeping SCS claims, while upholding Philippine sovereign rights in its Exclusive Economic Zone.

Continuing tensions in the South China Sea that increased further as a result of the June 17 incident during a Philippine resupply mission to the BRP Sierra Madre on Second Thomas (Ayungin) Shoal would be eased significantly if all parties took this occasion to act in accordance with the U.N. Arbitral Tribunal’s historic ruling.

Following the June 17 incident, the Philippine government reiterated its commitment to territorial defense and the exercise of sovereign rights in support of its national interests and in accordance with international law.

U.S. Government officials also responded following what DOD described as “dangerous actions on June 17 by the People’s Republic of China (PRC) against lawful operations by the Philippines to deliver humanitarian supplies to service members stationed at the BRP Sierra Madre.” Defense Secretary Lloyd Austin underscored continued U.S. support for the Philippines in defending its sovereign rights, along with the rights of all nations to fly, sail, and operate – safely and responsibly – wherever international law allows.

Ambassador MaryKay Carlson said, “the U.S. condemns the PRC’s aggressive, dangerous maneuvers near Ayungin (Second Thomas) Shoal, which caused bodily injury, damaged Philippine vessels, and hindered lawful maritime operations to supply food, water, and essential supplies to Philippine personnel within the Philippines’ Exclusive Economic Zone.”

The United Nations Arbitral Tribunal’s decision eight years ago was final and legally binding. The Society takes this occasion to point out that both the Philippines, which brought the case, and the United States have aligned their South China Sea policies with the court’s decision. In stark contrast, aggressive actions by PRC maritime militias stem directly from China’s failure to respect a binding international obligation rooted in the Arbitral decision and UNCLOS.

The Arbitral process was designed and intended to level the international playing field and provide for a rules-based settlement of disputes. The Society looks forward to greater adherence to the principles embedded in the court’s decision by South China Sea claimants as the surest way to enhance peace and stability, ensure freedom of navigation in one of the world’s most critically important sea lanes, and preserve Philippine sovereign rights as recognized by the U.N. Arbitral Tribunal.