The 2016 Arbitration UNCLOS Ruling in the South China Sea declares the Philippines as the indisputable right over the West Philippine Sea.
The tribunal’s ruling is certainly a legal victory for the Philippines over China as the judges agreed unanimously on almost all the questions submitted by the Philippines, including a declaration from the tribunal that China is obliged to comply with Unclos and that the award is legally binding on China.
There is no enforcement mechanism as such under Unclos in the event that China fails to comply with the tribunal’s decision, but the Philippines could either resort to diplomatic ways (bilateral or multilateral negotiations within the framework of international organizations) or have recourse to further arbitration under UNCLOS.
Moreover, other states and non-state actors could take further actions such as economic sanctions to put pressure on Beijing to shift its behavior. But, beyond China’s non-compliance attitude, the award has value for the states bordering the South China Sea and the rest of the international community for two reasons.
The tribunal’s ruling clarified the respective rights and obligations of both China and the Philippines in the South China Sea, thereby facilitating their further relations, and the Tribunal’s findings might have an impact on policy considerations and decision-making of other states as it clarified important legal issues in UNCLOS.
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