Eight years ago, a unanimous Arbitral Tribunal constituted under the 1982 Law of the Sea Convention determined that the People’s Republic of China’s (PRC) expansive South China Sea maritime claims are inconsistent with international law. In its ruling, the Tribunal firmly rejected any PRC territorial or maritime claim to areas determined by the Tribunal to be part of the Philippines’ exclusive economic zone and continental shelf. As provided under the Convention, the 2016 arbitral decision is final and legally binding on the PRC and the Philippines.
Over the past year, the PRC’s use of water cannons, dangerous maneuvers, and destructive tactics – including ramming, forcible towing, and boarding that has resulted in damage to Philippine vessels and injury to Philippine service members – has routinely interfered with the lawful exercise of high seas freedoms in areas where the Arbitral Tribunal determined the PRC has no lawful territorial or maritime claims. The PRC’s actions reflect a blatant disregard for international law as well as the safety and livelihoods of Filipinos.
The United States remains deeply concerned about the PRC’s assertion of “territorial sovereignty” over vast areas that are clearly within the maritime jurisdiction of Vietnam, the Philippines, Malaysia, and Brunei, and where high seas freedoms of navigation and overflight apply under international law. Upholding the international law of the sea, as reflected in the 1982 Law of the Sea Convention, is in the interest of the entire international community and remains vital to the peace, security, and prosperity of all nations.
We continue to call on the PRC to abide by the 2016 arbitral ruling, to cease its dangerous and destabilizing conduct, and to comport its conduct as well as its territorial and maritime claims in the South China Sea to the international law of the sea as reflected in the Convention.
