SCS ARBITRAL RULING: U.S., JAPAN STAND WITH PHL

THE United States, Japan, Australia, Germany, France, Canada and the European Union are standing with the Philippines in commemorating the 6th anniversary of the award on the South China Sea (SCS) Arbitration, which nullified China’s historic claims over the gas-rich islands.

However, China continues to defy the ruling by the Permanent Court of Arbitration.

In separate statements, they reiterated Tuesday their call for China to abide by the The Hague tribunal decision and to respect the international law in order to maintain peace and stability in the Indopacific region.

US State Secretary Antony Blinken said the administration of President Biden “reaffirms” the policy made by the Trump administration that China’s maritime claims in the South China Sea is “completely unlawful, as is its campaign of bullying to control them.”

“We also reaffirm that an armed attack on Philippine armed forces, public vessels, or aircraft in the South China Sea would invoke US mutual defense commitments under Article IV of the 1951 Us-philippines Mutual Defense Treaty,” Blinken said in a statement.

Blinken and Japanese Foreign Minister Hayashi Yoshimasa said the tribunal decision is “final and legally binding” on the Philippines and China.

Hayashi said China’s insistence not to accept the award is “against the principle of peaceful settlement of disputes in accordance with international law, in particular UNCLOS, and undermines the rule of law as a fundamental value of the international community.”

The Japanese Foreign Minister said they “highly appreciate” the Philippine government for “having consistently complied with the award” as well as its commitment to peaceful settlement of disputes in the South China Sea.

Japan also has a territorial dispute with China over the Senkaku Islands in the East China Sea.

“We call again on the PRC to abide by its obligations under international law and cease its provocative behavior.” Blinken said.

The Canadian Embassy in Manila cited China’s continued use of naval, coast guard and maritime militia vessels “to intimidate the ships of other states and assert unilateral claims over disputed features.”

“Canada reaffirms its strong opposition to unilateral actions that escalate tensions and undermine regional stability and the rules-based international order,” the Canadian Embassy tweeted. “These actions are incompatible with China’s obligations under international law, including UNCLOS.”

Blinken, Hayashi and the Canadian government have committed to work with the Association of Southeast Asian Nations (Asean), other allies and partners to “protect and preserve the rules-based order.”

Canada said they are monitoring and supporting the Code of Conduct in the South China Sea among claimant states which also include Brunei, Malaysia and Vietnam.

“We encourage transparency in these negotiations and reiterate that the agreement should not prejudice the rights of third parties and must be consistent with international law, including the 2016 South China Sea Arbitration ruling,” the Embassy added.

Australian Ambassador Steven Robinson, French Ambassador Michele Boccoz, and German Ambassador Anke Reiffenstuel also said they are standing “firmly” with the Philippines in asserting its maritime rights which were increasingly being challenged by China.

Secretary of Foreign Affairs Enrique A. Manalo welcomed the support of a “growing list” of countries supporting the arbitration award.

“The Award benefits the world across the board. We do not see it as directed at any other country, near or far. We see it as it should be seen: as favoring all which are similarly situated by clarifying definitively a legal situation beyond the reach of arms to change. It puts this aspect of international law beyond the limit of prescription,” Manalo said.

Aside from nullifying the nine-dash line in maps as basis for historic claim, the tribunal also ruled that Chinese activities in the West Philippine Sea such as largescale reclamation, construction of artificial islands and large-scale harvesting of endangered marine species violate Philippine sovereign and maritime rights, Manalo said.

“These findings are no longer within the reach of denial and rebuttal, and are conclusive as they are indisputable. The Award is final. We firmly reject attempts to undermine it; nay, even erase it from law, history and our collective memories,” Manalo added.