MANILA 22 June 2026 – The Department of Foreign Affairs categorically rejects the assertions of the Chinese Embassy in Manila in their recent statement against the 2016 South China Sea Arbitral Award. The Award was rendered by an arbitral tribunal constituted in accordance with Annex VII of UNCLOS, a treaty to which both the Philippines and China are States Parties. The award is final and binding and has become an unassailable part of the corpus of international law, providing legal clarity regarding maritime rights and entitlements in the South China Sea. It is not and will never be illegal, null and void.
In its Award on Jurisdiction and Admissibility, the Arbitral Tribunal rejected China’s objection that the disputes involve territorial sovereignty in the South China Sea and therefore beyond the tribunal’s jurisdiction. The Arbitral Tribunal also rejected the argument set out in China’s Position Paper that the parties disputes concern maritime boundary delimitation and are therefore excluded from the Tribunal’s jurisdiction by virtue of China’s Declaration under Article 298 of the Convention. There should be no confusion that the 2016 Arbitral Award is focused on issues concerning the interpretation and application of UNCLOS, including the legal status of maritime features, maritime entitlements under the Convention, and the compatibility of certain maritime claims with international law.
The DFA further rejects the contention that the initiation of arbitration violated any obligation to settle disputes exclusively through bilateral negotiations. The Arbitral Tribunal rejected China’s position that the parties had agreed to resolve disputes relating to the South China Sea exclusively through negotiations. The Tribunal confirmed that the Philippines has met the requirement under Article 283 of the Convention that the parties exchange views regarding the settlement of their disputes.
While the Philippines remains committed to dialogue and diplomacy, it is not precluded from availing itself of dispute-settlement mechanisms under UNCLOS when disputes concerning the interpretation or application of the Convention cannot be resolved through consultations. The Philippines acted within its rights and obligations as an UNCLOS State Party, especially when years of dialogue with China failed to achieve progress.
As we commemorate the Award’s 10th anniversary this July, we highlight its resounding affirmation of UNCLOS and of the Convention’s dispute-settlement mechanisms. Indeed, judicial decisions and arbitral awards rendered under UNCLOS benefit all States — not just the parties to a dispute. By clarifying the content of international law, they provide guidance, strengthen legal certainty, and support the peaceful and predictable governance of the oceans. Respect for these rulings is essential to preserving the integrity, credibility, and universality of the Convention and the rules-based order it embodies.
In this regard, the 2016 Arbitral Award stands as a clear guidepost for all States on the invalidity of excessive or historical claims, the proper assessment of the status of maritime features, the activities at sea deemed prejudicial to the rights of the relevant coastal State, and the obligations of States Parties for the protection and conservation of the marine environment. The Award has since been cited in several international decisions and judgments.
Significantly, the Award also clarified important obligations under UNCLOS relating to marine environmental protection, including duties concerning fragile coral reef ecosystems, biodiversity conservation, and the prevention of severe environmental harm. The Tribunal’s findings on the protection and preservation of the marine environment continues to resonate strongly within the evolving corpus of international law governing the oceans. END
