Ten years after an international tribunal ruled against China’s expansive claims to control most of the South China Sea, Beijing remains in violation of international law, according to the U.S. Pacific Command’s legal office.
The Staff Judge Advocate office of the Hawaii-based command issued a graphic and talking points on the 2016 ruling by The Hague-based Permanent Court of Arbitration that ruled in favor of the Philippines and declared China’s “nine-dash line” covering 90% of the sea a violation of international law.
Under the U.N. Convention on the Law of the Sea (UNCLOS), which China adopted in 1996, Beijing is legally bound to follow the ruling, which is final, the military command said in a graphic released marking the 10 years since the ruling.
“China is using coercive, aggressive and dangerous actions in the South China Sea that are destabilizing and infringing on the sovereignty and sovereign rights of its neighboring states as well as all states entitled to UNCLOS freedoms of the high seas,” the PACOM graphic reads.
The command document compares Chinese noncompliance with what is required and follows a joint statement by the United States and 13 nations on Saturday affirming “there is no legal basis” for China’s claims over the sea.
The unusual joint statement criticized China’s use of coast guard, military and maritime militia in harassing, blocking and intimidating lawful activities by regional states as significantly undermining regional peace and security.
“We urge the parties to abide by the 2016 Award and resolve disputes peacefully through dialogue and other lawful mechanisms in accordance with international law,” the joint statement said.
The statement marks a strong international show of support for freedom of navigation and overflight in the South China Sea. It is backed by the governments of Australia, Canada, Estonia, Germany, Italy, Japan, Latvia, Lithuania, New Zealand, Philippines, Romania, Slovenia and the United Kingdom.
China rejects tribunal award
The European Union joined the chorus of diplomatic voices criticizing China’s claims to the sea and affirmed Europe’s commitment to UNCLOS and freedom of navigation in the Southeast Asian waterway.
The EU is “deeply concerned” by the increase in tension and dangerous incidents in the South China Sea and opposes any unilateral action that threaten regional stability, the statement said.
Chinese coast guard and military vessels for more than a decade have used water cannon, vessel ramming and, in a few cases, the firing of lasers at Philippines vessels in a bid to assert control over the sea that is international waters.
In Beijing, Chinese government spokesmen and propaganda outlets lashed out at tribunal ruling anniversary, calling it a “farce” and illegal.
Foreign Ministry spokeswoman Mao Ning said the tribunal award is “illegal, null and void, and non-binding.”
“China neither accepts nor recognizes the award and will never accept any claim or action arising from it,” she said Friday.
China, Ms. Mao said, is working to conclude an agreement with the Association of Southeast Asian Nations on a code of conduct for the sea.
The official state media outlet Xinhua called the joint statement a “malicious” effort to recycle an illegal and invalid award that is a “worthless piece of paper.”
The Chinese Communist Party-controlled Global Times outlet called the tribunal award “a political farce,” and source of discord in undermining bilateral relations with the Philippines.
’Destabilizing the region’
The PACOM graphic states that the tribunal award was a unanimous, final and binding decision of an international court under UNCLOS’ Article 296.
Beijing signed the law of the sea convention in 1982 and ratified in 1996 and has a duty to comply with the tribunal ruling under international law, the graphic states.
“China’s non-compliance is dishonorable,” the graphic states. “The nine-dash line, and any sovereignty or jurisdictional claims within, is unlawful so far as it is inconsistent with the relevant provisions of UNCLOS.”
The Philippines acted under a lawful right to initiate dispute resolution mechanisms under UNCLOS and sought to resolve the dispute peacefully, the graphic said.
The failure of Beijing to comply with the ruling for 10 years “is destabilizing the region,” the command stated.
On China’s views of the ruling, the graphic said Beijing dismissed the award as having no binding force and claims the nine-dash line is a legitimate legal claim of China’s sovereignty and jurisdiction based on vague “historic rights.”
Beijing also called the Philippines initiative of the tribunal action a “provocation,” the graphic states.
Talking points in a PowerPoint issued by the command legal office marking the 10th anniversary state that one goal of the document is to synchronize and coordinate messaging on the anniversary of the 2016 decision.
The ruling declared that UNCLOS governs legal rights and maritime claims in the South China Sea and called China’s claims has having “no legal basis” in exceeding the provision of the sea law convention, the talking points state.
Disputed reefs and islets in the Spratly Islands and Scarborough Reef are entitled under the ruling to generate a 12 nautical mile territorial sea for Philippines but are not entitled to generate an exclusive economic zone or continental shelf, the talking points say.
Violations abound
China violated the Philippines’ sovereign rights in its interference with lawful activities permitted under UNCLOS and illegally blocked Filipino fishermen from fishing, at Scarborough Reef, the talking points stated.
The tribunal also declared China’s extensive island building in the South China Sea as “unlawful.”
China has built military facilities on several disputed islands in the South China Sea and deployed anti-ship and anti-aircraft missiles and electronic warfare gear on the islands.
The deployments violated a pledge made by Chinese President Xi Jinping in 2015 to then-President Barack Obama that China would not militarize the disputed South China Sea islands.
Beijing also violated its obligations to protect the marine environment under UNCLOS by “causing severe and irreparable harm to the coral reef environment through its land reclamation activities,” the talking points stated.
“China is demonstrating a view that international law is only applicable to China when it benefits Beijing’s interests,” the talking points say. “China seeks to be the preeminent power in the region; its assertive actions in the SCS are having a destabilizing effect and will have negative security and economic repercussions for all Indo-Pacific States.”
The command said the United States is strengthening its alliance with the Philippines to “credibly deter China.”
“The United States is additionally leading an international diplomatic coalition of countries to counter China’s excessive and unlawful maritime claims and calls on Allies and partners to continue calling out China’s destabilizing actions in the SCS and messaging support for the Award around its 10th anniversary,” the talking points state.
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