Although the US is not a signatory to the Convention on the Law of the Sea, the State Department clearly emphasizes the importance of customary international law of the sea in ensuring the rules-based international order
Strict warning in China sent the State Department on Wednesday regarding the February 6 incident in the South China Sea in which the Chinese coast guard allegedly used laser devices against the crew of a Philippine Coast Guard ship. The announcement of the US ministry speaks of an action that led to the temporary blindness of the crew members and notes that this is a provocative and unsafe behavior that constitutes a gross violation of International Law.
Although the US is not a signatory to the Convention on the Law of the Sea, the State Department clearly emphasizes the importance of customary international law of the sea in ensuring the rules-based international order. In particular, regarding the incident with the Philippine Coast Guard, the US State Department called on China to respect the final and irrevocable decision by which the International Court of Justice recognized in 2016 the maritime jurisdiction of the Philippines in the area disputed by Beijing.
As noted in the statement, “the dangerous operational behavior demonstrated by the People’s Republic of China directly threatens regional peace and stability, violates freedom of navigation in the South China Sea as guaranteed by international law, and undermines the rules-based international order.” . As reflected in a legally binding decision of the International Court of Justice issued in July 2016, the People’s Republic of China has no legal maritime claims to (the area of) ‘Second Thomas Shoal’. The United States reiterates, in accordance with the 1982 Convention on the Law of the Sea, that the 2016 arbitral award is final and legally binding on the People’s Republic of China and the Philippines, and calls on the People’s Republic of China to comply with the award.” .
Given the non-contested nature of the area due to the International Court of Justice ruling, Washington is reminding Beijing that any action against the Philippines in that maritime zone could trigger the commits arising from the 1951 US-Philippines Mutual Defense Treaty.
“The United States stands with its Philippine allies in upholding the rules-based international maritime order and affirms that an armed attack on Philippine armed forces, ships, or aircraft, including those of the Coast Guard, in the South China Sea , will activate the commitments arising from the 1951 US-Philippines Mutual Defense Treaty”, it is emphasized.
Source :Skai
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