China had boycotted the proceedings at the court, saying the body has no jurisdiction over the dispute, and insists it will not accept, recognize or implement any ruling on the South China Sea, despite being a signatory to UNCLOS along with the Philippines.
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“This is a tactical victory for the Philippines and a strategic defeat for worldwide law”, said Chas Freeman, a former USA diplomat who was then-President Richard Nixon’s interpreter on his historic trip to China in 1972.
“The decision today by the tribunal in the Philippines-China arbitration is an important contribution to the shared goal of a peaceful resolution to disputes in the South China Sea”, Kirby said.
“China will respond with fury, certainly in terms of rhetoric and possibly through more aggressive actions at sea”, said Ian Storey of Singapore’s ISEAS Yusof Ishak Institute.
The dispute centers on waters through which an estimated $5 trillion in global trade passes through each year and are home to rich fishing stocks and a potential wealth of oil, gas and other resources.
China immediately rejected the findings, and their impact remained unclear as there is no policing agency or mechanism to enforce them.
The statement said that the tribunal has disregarded the fact that the essence of the subject matter of the arbitration erroneously interprets the common choice of means of dispute settlement already made jointly by China and the Philippines; erroneously construes the legal effect of the relevant commitment in the DOC; deliberately circumvents the optional exceptions declaration made by China under Article 298 of UNCLOS; selectively takes relevant islands and reefs out of the macro-geographical framework of Nanhai Zhudao (the South China Sea Islands); subjectively and speculatively interprets and applies UNCLOS; and obviously errs in ascertaining facts and applying the law.
“China’s territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by those awards”, it said.
A landmark worldwide tribunal ruling on the South China Sea threatens to sharpen the differences between from the United States and China, exposing a growing gulf between the world powers.
“We call on all those concerned to exercise restraint and sobriety”, Foreign Affairs Secretary Perfecto Yasay told a news conference.
A US official who helps set the administration’s Asia policies said that faced with the prospect of continuing Chinese assertiveness, it is important for countries in the region and for the United States to avoid provocative actions and leave the door open for Beijing to pursue peaceful solutions “and avoid making matters worse”. Neighbors Brunei, Malaysia, the Philippines, Taiwan and Vietnam also have claims.
The tribunal also considered China’s entitlements to maritime areas and the status of the area, whether China’s actions were legal, the construction of artificial islands in the area, and if China’s actions had aggravated disputes.
It has said vast areas of the South China Sea have been Chinese territory since ancient times and demarcated its modern claims with the so-called nine-dash line, a map that was submitted under the United Nations treaty.
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Manila argued in closed court hearings that none of the islands, shoals and reefs in the Spratlys are large enough to grant an additional 200 nautical mile exclusive economic zone (EEZ) for fishing and extracting seabed resources. One held up a poster that said: “Philippine sovereignty, non-negotiable”. The EU advised China to stick to rules and abide by the ruling.
