Eight years on from the Arbitral Award – adherence to international law as important as ever

Dear friends,

Tomorrow, 12 July 2024, marks the eighth anniversary of the landmark South China Sea Arbitral Award. The Award underscores the fundamental importance of adherence to international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), by all states. UNCLOS provides a foundation for regional peace, stability and prosperity. It is as important as ever that parties to the Award abide by the Tribunal’s findings.

Maritime claims – in the South China Sea, as elsewhere in the world – must be consistent with UNCLOS. As maritime nations with a deep respect for international law, this is something Australia and the Philippines understand.

As Australian Prime Minister Anthony Albanese said in a speech earlier in 2024, while welcoming President Marcos to Australia, “We are both island nations. We are both trading nations. And for both of us, the United Nations Convention on the Law of the Sea is not an abstract notion or a theoretical question. Freedom of navigation is fundamental to our sovereignty, our prosperity, our security and our territorial integrity.”

Not only are we both maritime nations, we are also Strategic Partners who share a long history of friendship and cooperation. Our strategic partnership reflects the extent of our strategic trust, our ambition to cooperate in tackling a whole range of common challenges and our intention to seize all the opportunities of our long-standing partnership.

We also share the same region, and we depend on a region governed by long established rules and norms, where all countries can cooperate, trade and thrive. This includes ships and aircraft being able to take goods to market unimpeded. By working together as Strategic Partners, we can promote a peaceful, stable and prosperous region where international law is adhered to and states’ sovereignty and sovereign rights are protected, and waterways are open for trade.

The South China Sea is a vital waterway for the entire international community. Australia, the Philippines and all Southeast Asian countries share a vision for an open, inclusive and transparent region. Safeguarding UNCLOS is fundamental to achieving this.

But the South China Sea continues to face many risks and challenges. Contested territorial and maritime claims are causing tension, worsened by the militarization of disputed features and dangerous behavior at sea and in the air, which we have unfortunately continued to see this year. This is against the backdrop of illegal, unregulated and unreported fishing, barriers to harnessing marine resources and degradation of the natural environment.

Australia is steadfast in its commitment to supporting the Philippines and other partners in Southeast Asia. Given our interest in upholding and protecting international law, we are deeply concerned when countries undertake activities that are provocative and destabilizing, or do not respect the rights and freedoms of others, or when they advance their claims by intimidation or coercion. We will continue to speak out against conduct that is unsafe, illegal, destabilizing or dangerous in the South China Sea and elsewhere.

In February 2024, President Marcos became the first Filipino President to address the Australian Parliament. In his speech, President Marcos said: “Just as we fought to build our rules-based international order, so are we now fighting to protect it. We have an abiding interest in keeping our seas free and open and in ensuring unimpeded passage and freedom of navigation. We must uphold, preserve and defend the unified and universal character of the United Nations Convention on the Law of the Sea as the constitution of the oceans.” Australia could not agree more!

As part of President Marcos’ visit to Australia, the Philippine Secretary for Foreign Affairs and Australia’s Deputy Prime Minister signed a new Memorandum of Understanding (MOU) on Enhanced Maritime Cooperation between the Philippines and Australia. This MOU further bolsters our already strong maritime partnership across civil maritime security, marine environmental protection, maritime domain awareness, defense cooperation and promotes respect for international law. We will also continue cooperative activities between our defense forces, as well as with other partners, to do our part in sustaining peace and stability in our region.

Our maritime cooperation is central to the vision that we share for the region. It is about safety, stability and prosperity, respect for sovereignty and sovereign rights, mutual trust, shared ambition and hope for the future.

Australia welcomed recent news of the Philippines and Vietnam expressing a commitment to work together to settle maritime boundaries peacefully, consistent with international law. And we welcome discussions between the Philippines and China to de-escalate tensions.

We also welcome the statement last December by ASEAN foreign ministers expressing concerns about developments that threaten regional peace, security and stability in the maritime sphere.

As Australia’s Ambassador to the Philippines, I offer this commitment: Australia will work assiduously with our Philippine friends and other valued partners to promote adherence to international law and the 2016 Arbitral Award, to ensure a peaceful and prosperous region for all.

Yours truly,

HK

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HK Yu is the Australian Ambassador to the Philippines. Follow her on X (formerly Twitter) @AusAmbPH.