By Anton Lutter
On 12 July 2016, an arbitral tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS) and administered by the Permanent Court of Arbitration (PCA) in The Hague issued one of the most significant rulings in modern maritime law. The tribunal delivered its award in a case initiated by the Philippines concerning aspects of maritime entitlements and activities in the South China Sea. While the tribunal did not rule on questions of sovereignty over land features, it provided important interpretations of maritime rights and obligations under UNCLOS.
One of the central findings of the award concerned China’s claims to historic rights within the areas covered by the so-called “nine-dash line.” The tribunal concluded that such claims, insofar as they exceeded the maritime entitlements provided under UNCLOS, had no legal basis under the Convention. It also examined the maritime status of several features in the Spratly Islands and determined that none of the features assessed qualified as islands capable of generating a 200-nautical-mile Exclusive Economic Zone (EEZ).
The tribunal further found that certain Chinese activities had affected the Philippines’ sovereign rights within areas that the tribunal considered to fall within the Philippines’ EEZ. These findings included interference with fishing and petroleum exploration activities, as well as environmental harm associated with large-scale land reclamation and construction activities on coral reefs.
China did not participate in the arbitration proceedings and rejected the tribunal’s jurisdiction and conclusions, stating that the award was “null and void.” Beijing has maintained that its maritime claims in the South China Sea are based on historical and legal grounds, while continuing to assert its position regarding disputed features and maritime areas. The arbitration award did not resolve competing sovereignty claims over islands, reefs, and other maritime features, which remain subject to ongoing diplomatic discussions.
Over the past decade, the 2016 award has remained an important reference point in international discussions on maritime law. Successive Philippine governments have used the ruling as a basis for advancing their maritime positions, while other claimant states, including Vietnam and Malaysia, have continued to refer to UNCLOS principles in support of their respective maritime claims. Several countries, including the United States, Japan, Australia, and members of the European Union, have expressed support for the importance of UNCLOS and the peaceful resolution of maritime disputes through international law.
During a visit to Manila in 2023, then Dutch Minister of Foreign Affairs Hanke Bruins Slot highlighted the importance of respecting international law in the South China Sea and expressed support for the implementation of the 2016 Permanent Court of Arbitration ruling.
The years following the award have witnessed continued maritime incidents involving Chinese and Philippine vessels in disputed areas, including confrontations involving water cannons, dangerous manoeuvres, and collisions. These developments have underlined the complexity of managing overlapping maritime claims in one of the world’s most strategically important regions. Diplomatic efforts, including negotiations between ASEAN and China on a Code of Conduct for the South China Sea, have continued, although a comprehensive agreement has yet to be reached.
As the world marks the tenth anniversary of the ruling in July 2026, governments and international organisations continue to refer to the arbitral award as an important development in the interpretation of maritime law. In a statement issued on 11 July 2026, EU High Representative Kaja Kallas reaffirmed the European Union’s support for efforts by ASEAN and China to conclude an effective, substantive, and legally binding Code of Conduct in the South China Sea consistent with UNCLOS.
The statement also emphasised that tensions and disputes should be addressed through dialogue and peaceful means, in accordance with international law, the Charter of the United Nations, and UNCLOS. The European Union further expressed concern about rising tensions and dangerous incidents in the region, while reaffirming its commitment to safe, free, and open maritime routes in the Indo-Pacific and beyond.
Ten years after the Hague ruling, the 2016 South China Sea arbitration has not brought an end to the complex maritime issues facing the region. Its lasting contribution lies in clarifying aspects of maritime rights and obligations under UNCLOS and providing an important legal reference point for future diplomatic discussions. While implementation ultimately depends on political dialogue and cooperation, the award continues to influence legal interpretations, diplomatic engagement, and the broader conversation on the relationship between international law and regional stability in the Indo-Pacific.
