Philippines · UNGA 81 speech
Representative
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Mr. President, the Philippines exercises its right of reply to the statement of the delegation of China concerning the 2016 South China Sea Arbitral Award. Mr. President, this year marks the 10th anniversary of the award. The Philippines recalls the UNCLOS and the award are the twin anchors for our policy and actions in the South China Sea. UNCLOS establishes the legal framework within which all activities in the oceans and seas must be carried out. The award rendered by an arbitral tribunal constituted under Annex VII of UNCLOS is final and binding upon the parties pursuant to Article 296 of the convention in Article 11 of Annex VII. The tribunal affirmed that UNCLOS comprehensively allocates maritime entitlements and that claims to historic rights to resources within the sea areas falling within the so-called nine-dash line are contrary to the convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China's maritime entitlements under UNCLOS. The tribunal further upheld the Philippine sovereign rights in its exclusive economic zone and found that certain actions therein violated those rights. These propositions are at the core of the Philippines' longstanding position on the award. Mr. President, developments 10 years after the award demonstrate its continuing relevance of complying and respecting the award. The award also affirmed the traditional fishing rights of Filipino fishermen at the shoal. Here is a clear case where environmental protection cannot be invoked as a basis for measures inconsistent with these rights and with the applicable rules of international law. The Philippines rejects China's measures and calls for compliance with UNCLOS and the award. Mr. President, the Philippines reiterates that the award did not create rights for the Philippines beyond those provided by UNCLOS. It authoritatively applied the convention to the dispute submitted to the tribunal. To respect the award is therefore to respect UNCLOS and the integrity of the legal order established by the convention. This is an interest shared by the entire international community. The certainty and predictability provided by UNCLOS underpinned the freedoms of navigation and overflight and other internationally lawful uses of the sea and enable the unimpeded flow of lawful commerce through the world's waterways. The integrity of this legal order depends upon states respecting the rights of others and faithfully performing the obligations they have assumed under the convention. The Philippines will continue to exercise its rights and discharge its obligations in accordance with international law. We call on China to do the same and to comply with UNCLOS and the final and binding 2016 South China Sea Arbitral Award. This landmark decision continues to stand as the defining affirmation of the Philippines' commitment to international law and the bedrock of a stable, rules-based maritime order. Thank you, Mr. President.