US envoy to China makes two false claims on 2016 South China Sea arbitral award

VERA Files
April 7, 2024

Ayungin Shoal (international name: Second Thomas Shoal) is part of the exclusive economic zone (EEZ) of the Philippines based on a 2016 arbitral ruling in the Hague, contrary to the claim of United States (U.S.) ambassador to China Nicholas Burns that it is a Philippine “sovereign territory.”

Burns also erred in saying that the International Court of Justice (ICJ) issued the decision on the South China Sea arbitration case.

(See VERA FILES FACT SHEET: Six misconceptions about the Philippines’ arbitral award on the South China Sea)

STATEMENT

Burns spoke at an online discussion on the current state of the U.S.-China relations with the Honolulu-based East West Center on March 15. He was asked about Beijing’s “strategic goal” in its continuously increasing pressure on the Philippines over the disputed South China Sea and “how far they will go in testing the U.S. willingness” to defend its former colony.

The ambassador said the U.S. is “very concerned” about China’s “coercive pressure” on the Philippines, citing “tense standoffs” in the Second Thomas Shoal and Scarborough Shoal over the past few months. Beijing claims ownership of both shoals.

He added:

“[I]t’s important for everybody… [t]o understand that the International Court of Justice [ICJ], which is the relevant legal body, ruled in July 2016 decisively in favor of the Philippines. And so, that territory is a sovereign territory of the Philippines and that China’s legal basis, legal claim to it, has no basis in international law.”

Source: East-West Center, Ambassador Burns on the State of U.S.-China Relations, watch from 37:12 to 37:38

FACT

An ad hoc arbitral tribunal, not the ICJ, ruled on the case of the Philippines against China which did not cover territorial sovereignty issues.

The Permanent Court of Arbitration, which served as the registry of the arbitral case, is an administrative body that ensures peaceful resolution of disputes on treaties and agreements, such as the United Nations Convention on the Law of the Sea.

On the other hand, the ICJ is the principal judicial organ of the United Nations that settles legal disputes between states according to international law.

(Read VERA FILES FACT CHECK: Which court ruled on the West Philippine Sea dispute?)

In the 2016 arbitral award, the Second Thomas Shoal was declared part of the 200-nautical mile EEZ and continental shelf of the Philippines.

A state has exclusive rights within its EEZ “to explore, exploit, conserve and manage natural resources, as well as build artificial islands, carry out environmental protection and conduct marine scientific research,” international law expert Romel Bagares explained.

The tribunal did not rule on the status of Scarborough Shoal but clarified that it is a traditional fishing ground for the Philippines and China, among other countries.

It noted that China has “unlawfully prevented” Filipino fisherfolk from engaging in traditional fishing at Scarborough Shoal since May 2012.

(Read VERA FILES FACT CHECK: Pro-Duterte blogger makes multiple inaccurate claims on West Philippine Sea, arbitral ruling)

BACKSTORY

China has repeatedly ignored the arbitral ruling, while the Philippines considers it as a reaffirmation of its claims in the West Philippine Sea.

On March 25, the Chinese Embassy in the Philippines accused resupply vessels for the crew on the grounded ship BRP Sierra Madre of “trespassing” into the waters of Ayungin Shoal.

(Read Why China blocks bringing of construction supplies to BRP Sierra Madre in Ayungin Shoal)