Eight years ago today, an Arbitral Tribunal, constituted under the UN Convention on the Law of Sea (UNCLOS), made a unanimous, clear, and binding in the South China Sea arbitration between the Philippines and China.
It found China’s claims to historic rights in maritime areas within its dashed line had no legal basis. It also found China had violated the Philippines’ sovereign rights under UNCLOS and that its vessels had unlawfully created risks of collision and danger.
By ratifying , States consent to, and must comply with, its compulsory dispute settlement procedures in full, not selectively. This includes arbitration. States cannot simply choose not to participate in proceedings commenced against them.
The Arbitral Tribunal’s 12 July 2016 findings are final and binding on the Philippines and China. Australia has consistently called for compliance with this decision. We will continue to do so.
A stable and peaceful maritime domain in the Indo-Pacific is vital. It is at the heart of our shared interests and our shared prosperity. UNCLOS’ critical freedoms, rights, and obligations serve as a cornerstone of regional peace, stability, and prosperity. By ratifying UNCLOS all States, regardless of size, commit to observe and to protect its essential rules. Conduct inconsistent with UNCLOS is of common concern.
On occasion, disputes over interpretation of UNCLOS arise. Australia is no stranger to these. The and UNCLOS require that such disputes be settled peacefully. Where disputes have been subject to ruling by a dispute settlement body, these rulings must be complied with.
This year’s anniversary occurs against the backdrop of increasing instability and destabilising conduct in the South China Sea. Australia welcomes discussion between the Philippines and China and encourages ongoing steps to de-escalate tensions and resolve disputes peacefully, consistent with international law.
