After three years of careful consideration, the tribunal, constituted under Annex VII to the United Nations Convention on the Law of the Sea 1982 (UNCLOS), rejected China’s groundless claim of “historic rights” over waters within the “nine-dash line.”
Under the PCA’s ruling, China has no “historic title” in the East Sea. It concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the “nine-dash line”.
Under the PCA’s ruling, China has no “historic title” in the East Sea. It concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the “nine-dash line”.
The Permanent Court of Arbitration (PCA). Photo: PCA
The PCA’s ruling also confirmed that none of the features claimed by China in Truong Sa (Spratly) archipelago was capable of generating an exclusive economic zone (EEZ).
In fact, China’s unilateral claim of its “nine-dash line” over many years, as well as its non-stop actions to realise the claims have faced strong objections from the international community. Many countries have provided historical and legal evidence contesting China’s groundless claim. Therefore, the PCA’s ruling serves as a legal foundation to confirm that China’s “nine-dash line” is totally baseless.
It found that China had violated the Philippines’ sovereign rights in its EEZ by interfering with Philippine traditional fishing rights at Scarborough Shoal and petroleum exploration, constructing artificial islands and failing to prevent Chinese fishermen from fishing in the zone.
The tribunal further held that Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels.
Regarding China’s recent large-scale land reclamation and construction of artificial islands at seven places in the Spratly Islands, the court found that China had caused severe harm to the coral reef environment and violated its obligation to preserve and protect fragile ecosystems and the habitat of depleted, threatened or endangered species.
Beijing’s land reclamation and construction of artificial islands was incompatible with the obligations of a state during dispute resolution proceedings, the tribunal stated.
As a member of UNCLOS, China has gone against the convention’s rules, showing the world that Beijing is not a responsible member as it has ignored international law.
Vietnamese Foreign Minister Spokesperson Le Hai Binh confirms that Vietnam welcomes the PCA's issuance
of the final ruling on July 12 and will issue a statement on the ruling's content. Photo: An Dang/VNA
US Vice President Joe Biden announced that China must respect the PCA’s ruling on the East Sea. Photo: AFP/VNA
Japanese Foreign Minister Fumio Kishida issued an announcement that the PCA’s ruling is a final verdict
which is legally binding and the parties concerned have to comply with it. Photo: AFP/VNA
EC President Donald Tusk affirms that the EU totally believes PCA and the trial process and hopes that the ruling
will be used to create a positive impetus in the effort to look for a solution for disputes in the East Sea. Photo: AFP/VNA
Australian Minister for Foreign Affairs Julie Bishop calls on the Philippines and China to respect
the PCA’s ruling because it is a final verdict which is legally binding for both sides. Photo: AFP/VNA
Clearly, the PCA’s ruling on the basis of UNCLOS has affirmed the role of international law in dealing with disputes through peaceful measures, thus contributing to avoiding the use of military forces.
In addition to that, the first judgment regarding the East Sea disputes has also paved the way for the resolution of disputes in the sea in line with international law, especially UNCLOS. Therefore, right after the ruling was issued, many countries and international organisations acknowledged that it is legally binding and motivates the settlement of pressing issues in the East Sea through peaceful measures, and called on parties involved to respect and talk about the implementation of the ruling.
UNCLOS has so far been recognised by the international community as a significant step forwards in the setting up of an order at sea. Therefore, all members of the convention are obliged to fully abide by and implement all regulations and procedures stated in the convention, including those relating to the settlement of related disputes.
Unfortunately, in its first reaction to the PCA’s ruling, China showed bad attitude when announcing that it will “neither accept nor acknowledge” the tribunal’s ruling, stating that the ruling is “groundless, valueless and not binding.”
The statements, together with the unilateral, perverse actions taken by China in the East Sea, have made its image ugly in the world arena, as China, as a world power in many fields and a member of the UN Security Council, should show its responsibility in protecting and maintaining a peaceful and stable environment in the region and the world at large.
China’s structures illegally built in Johnson (Gac Ma) Reef
in Truong Sa (Spratly) Archipelago, Vietnam. Photo: Mai Thanh Hai
Many structures and a system of airstrip, harbor and solid buildings illegally built by China on Fiery Cross (Chu Thap) Reef
in Vietnam’s Truong Sa (Spratly) Archipelago. Photo: Reuters/VNA
The East Sea provides one of the most important maritime lanes in the world and benefits many countries. Therefore, maintaining peace, stability, navigation and aviation security, safety, and freedom in the sea is the top priority. The parties concerned should be responsible in abiding by international law, specifically upholding the supremacy of the rule of law in the East Sea. Every extreme reaction or activity defying international law will fuel tensions and complicate the situation.
By VNA/VNP
