Though now little more than scrap of paper, South China Sea ruling has gone down in history
Governments of the future can always refer to the fact China was found in violation of its UN commitments
About one year ago a five-judge tribunal based at the Permanent Court of Arbitration in The Hague announced its decision in a case filed by the Philippines in 2013 against China over their disputed claims in the South China Sea.
It came after a stand-off between the two countries over the Scarborough Shoal the previous year; China ultimately seized the shoal from Manila’s control and maintains a presence there to this day.
The case brought before the tribunal concerned maritime entitlements and the status of features in the South China Sea, among other issues. It did not seek to adjudicate the territorial sovereignty of features, given that this was outside the purview of the tribunal.
The court unanimously ruled in favour of the Philippines on nearly all points. China had refused to participate in the proceedings and treated them as invalid.
The ruling should have become a major reaffirmation of the principle that, in the South China Sea, might could not make right. Instead, one year on, little has changed and the tribunal’s award sits as a mere piece of paper.