12 July marks the tenth anniversary of the award issued by the Arbitral Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Sea (UNCLOS) concerning the South China Sea (‘the 2016 Arbitral Award’). The 2016 Arbitral Award, adopted by the independent and impartial arbitral tribunal in accordance with UNCLOS, is final and legally binding upon the parties to the proceedings. As a landmark decision in the peaceful settlement of disputes, it must be respected and fully implemented by the parties involved. The EU reaffirms its unwavering commitment to UNCLOS, which reflects and codifies customary international law and sets out the universal and unified legal framework within which all activities in the oceans and seas must be carried out. The EU underlines the critical importance of upholding the freedoms, rights and duties set out in UNCLOS, in particular the freedom of navigation and overflight, including the right of transit passage, as essential to regional stability, global security, and the maintenance of safe, free and open sea routes. The EU reiterates its support to ongoing efforts by ASEAN and China to conclude an effective, substantive and legally binding Code of Conduct in the South China Sea, that would be in line with UNCLOS. All tensions and disputes must be resolved through dialogue and peaceful means, in accordance with international law, with the Charter of the United Nations and UNCLOS at its core. The EU is deeply concerned by the steady increase of tensions and dangerous incidents in the South China Sea and firmly opposes any unilateral actions that threaten to undermine regional stability and the international order based on international law and the rule of law, and remains steadfast in its commitment to safe, free and open maritime routes in the Indo-Pacific and beyond. |
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