2016 Hague Ruling is much more than a “piece of paper”

by Jamie Nicole Millan / August 20, 2021

On July 12, 2021, the Philippines celebrated the fifth year since the historical moment where it won against China in a territorial dispute over some part of the South China Sea. It was a momentous event for an international tribunal located in The Hague ruled in favor of the Philippines and dismissed China’s claim of the contested waters.

The victory, also known as the “2016 Hague Ruling”, is celebrated not just by the Philippines but also the United States, Canada, and Japan, who released their own statements in recognition of the arbitral award given to the Philippines who fought against an international supergiant.

However, five years after the landmark victory, China still refuses to recognize the validity of the Court of Arbitration’s decision.

In a press briefing last July 13, 2021, Chinese Foreign Ministry Spokesperson Zhao Lijian said that the arbitral award “is illegal, null and void”. He even added that “it is nothing more than a piece of waste paper.”

Aside from this statement, many instances could also be recalled where China has blatantly disregarded the Court’s decision. Since 2016, there were numerous reports about Chinese vessel sightings on the West Philippine Sea, as well as intimidation and harassment of Filipino fisherfolks.

What then is the Hague Ruling and should we continue to assert our right over the West Philippine Sea based on this “piece of paper?”

The 2016 Hague Ruling Explained

The fight over the rich body of water and the equally abundant island formations started when the Philippines officially notified China of its intent to challenge the latter’s nine-dash claim back in 2013. The nine-dash line is a map where China bases its argument of a historical right to about 90% of the South China Sea.

Despite China’s refusal to participate in the legal proceedings, the Philippines firmly asserted that the tribunal has jurisdiction over the maritime dispute.

The Permanent Court of Arbitration in The Hague is an intergovernmental organization that is established as an arbitral tribunal for international conflicts on various matters including maritime disputes. The court was also created under the United Nations Convention on the Law of the Sea (UNCLOS) which safeguards marine order and ensures implementation of international maritime law.

China is one of the signatories of UNCLOS thus their question of the court’s right to intervene in the matter is futile.

On July 12, 2016, the tribunal released its decision in favor of the Philippines’ claim. The ruling in The Hague guarantees the Philippines its rights over the West Philippine Sea.

Filipinos should be on the same page

The landmark victory is not something that should be tucked in historical archives. It is proof that even small countries like the Philippines stand an equal legal chance against a big opponent, even a gargantuan like China. It also serves as protection for the rights of Filipino fisherfolk to enjoy the waters without fear of harassment every time they set sail.

The importance of this document must be highlighted to eradicate the misconception that the Philippines does not stand a chance of completely stopping Chinese activities in areas that are part of its Exclusive Economic Zone. Filipinos should bear the same level of recognition that other countries have on the arbitral award, and not be threatened by speedboats or naval ships.

Cultivating an informed and united understanding of one’s rights to the West Philippine Sea is one significant step that can urge those in power to continue protecting the area. Even better, it has the potential to encourage other claimant nations to assert their legal rights amid constant bullying from China.

The Hague ruling is not simply a piece of waste paper, but a powerful indication of peace and diplomacy codified on paper. It is more than enough reason for Filipinos to refuse the notion that we cannot win against the supergiant because we already did.

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