Permanent Court of Arbitration releases South China Sea ruling
Rust. A Philippine Navy ship, deliberately run aground on Second Thomas Shoal, sits on a submerged reef in the Spratly archipelago, kept there as a military outpost. China's coast guard has repeatedly blocked attempts to resupply the marines aboard.
On 12 July 2016, at The Hague, the Permanent Court of Arbitration handed down its ruling in the case brought by the Philippines against China. The tribunal found that none of the Spratly features claimed by China were capable of generating an exclusive economic zone. It classified Taiping island, the largest feature in the Spratlys, as a rock. Two days earlier, Taiwan's navy had sent a 2,000-tonne coast guard vessel to that same island.
Rust and salt water are one context; money and territory are the deeper one. The sea carries roughly $4.5tn of ship-borne trade each year, spread across some 3.5 million square kilometres of open water, shoals and coral atolls. Beijing claims about 90% of it. The claim rests on the nine-dash line China drew in 1947 after the surrender of Japan, a U-shaped mark Vietnam likens to a hungry cow's tongue. The same waters, though, are claimed in overlapping pieces by the Philippines, Vietnam, Malaysia, Brunei and Taiwan, six parties in all.
In 2012 China seized Scarborough Shoal and sent its coast guard to harass the foreign fishing vessels working there. In the years that followed it dredged coral atolls into airfields ringed with radar towers and weapons, and US officials counted an extra 800 hectares built across its occupied outposts in eighteen months. Paul Reichler of Foley Hoag coordinated the Philippines' legal team as the case moved toward the Permanent Court of Arbitration.
Long before the tribunal convened, China had said it would "neither accept nor participate in the arbitration unilaterally initiated by the Philippines." The tribunal ruled that this refusal did not deprive it of jurisdiction, and it heard the case without Beijing in the room. At 11:00 the Permanent Court of Arbitration released its findings.
It concluded there was no legal basis for China to claim historic rights to resources within the nine-dash line. It found China had violated the Philippines' sovereign rights by interfering with fishing and petroleum exploration inside the Philippine exclusive economic zone, by constructing artificial islands, and by failing to stop Chinese boats fishing there. The Chinese Coast Guard, the tribunal said, "had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels" near Scarborough Shoal. It condemned the land reclamation at seven features in the Spratlys and found the dredging had caused severe harm to the coral reef environment.
As the ruling landed, President Xi Jinping was in Beijing, meeting European Council President Donald Tusk and European Commission President Jean-Claude Juncker.
The tribunal's ruling was binding, and it stood. By January 2025, twenty-seven governments had publicly called for it to be respected, eight had rejected it outright, and none of the Philippines' Southeast Asian neighbours had formally endorsed it.
The marines are still aboard the wreck on Second Thomas Shoal, on the same reef where it was run aground. China's coast guard still turns the resupply boats back.



















