Under US President Joe Biden, the United States practically admonished Beijing to abide by the 2016 arbitral ruling on the South China Sea as Washington reaffirmed its recognition of the Hague ruling which it called “final and legally binding on all parties.”
On the occasion of the 70th anniversary of the US-Philippines Mutual Defense Treaty (MDT), US and Philippine officials discussed opportunities to strengthen their alliance as the Biden administration reaffirmed its recognition of the 2016 Arbitral Tribunal ruling on the South China Sea.
US National Security Advisor Jake Sullivan spoke by phone with his Philippine counterpart National Security Adviser Hermogenes Esperon.
“The National Security Advisors welcomed the 70th anniversary of the Mutual Defense Treaty and discussed opportunities to strengthen the US-Philippines Alliance,” NSC spokesperson Emily Horne said in a statement on Sullivan’s call with his Philippine counterpart.
According to Horne, Sullivan “reaffirmed the (Biden) administration’s recognition that the 2016 Arbitral Tribunal ruling, pursuant to the UN Law of the Sea Convention, is final and legally binding on all parties.”
In a landmark ruling on July 12, 2016, the Hague-based Permanent Court of Arbitration (PCA) found no legal basis for China to claim historic rights to a ‘nine-dash line” in the South China Sea and Beijing had breached the sovereign rights of the Philippines, which brought about the case.
China, however, opposed and refused to honor the tribunal ruling. Beijing also refused to accept any proposal or action based on the arbitral tribunal decision that invalidated its claims to ill-defined historic rights throughout the nine-dash line.
Sullivan and Esperon also discussed the coup in Myanmar and issues related to human rights and counterterrorism.
Regardless of identity of the South China Sea claimant, the US challenged unlawful restrictions imposed by China, Taiwan, and Vietnam requiring either permission or advance notification before a foreign military vessel, including the US, engages in “innocent passage.”
Guided-missile destroyer USS Russell (DDG 59) asserted navigational rights and freedoms in the Spratly Islands which the US Indo-Pacific Command (USINDOPACOM) said is consistent with international law.
“This freedom of navigation operation upheld the rights, freedoms and lawful uses of the sea recognized in international law by challenging unlawful restrictions on innocent passage imposed by China, Vietnam and Taiwan,” the USINDOPACOM said.
China, Vietnam, Taiwan, Malaysia, Brunei, and the Philippines each claim sovereignty over some or all of the Spratly Islands.
But China, Vietnam, and Taiwan, according to USINDOPACOM, require either permission or advance notification before a foreign military vessel engages in “innocent passage” through the territorial sea.
Under international law as reflected in the Law of the Sea Convention, the ships of all states – including their warships – enjoy the right of innocent passage through the territorial sea.
“The unilateral imposition of any authorization or advance-notification requirement for innocent passage is not permitted by international law,” USINDOPACOM said.
“By engaging in innocent passage without giving prior notification to or asking permission from any of the claimants, the United States challenged these unlawful restrictions imposed by China, Taiwan, and Vietnam. The United States demonstrated that innocent passage may not be subject to such restrictions,” it added.
Sullivan said unlawful and sweeping maritime claims in the South China Sea pose a serious threat to the freedom of the sea, including freedoms of navigation and overflight, free trade and unimpeded commerce, and freedom of economic opportunity for South China Sea littoral nations.
