India Calls for Abiding by the 2016 Arbitral Award on South China Sea

Seven years after an international tribunal’s decision, India has strengthened its position and, for the first time, has expressly called for adherence to the 2016 arbitration judgement that rejected China’s territorial claims in the South China Sea.

The shift in India’s approach was underlined in a joint statement made by India and the Philippines on Thursday following the fifth Joint Commission on bilateral cooperation.

In July 2016, an arbitration tribunal set up under the UN Convention on the Law of the Sea had ruled in favour of the Philippines government that had petitioned against China’s aggressive actions in the disputed oil-rich waters.

China had not participated in the arbitration process and has refused to recognise the judgment. This has remained India’s position till the latest edition of the Joint Commission chaired by external affairs minister S. Jaishankar and the Filipino secretary for foreign affairs Enrique A. Manalo held in New Delhi.

Saying that both countries have a shared interest in an open and inclusive Indo-Pacific, the joint statement said, “They (the ministers) underlined the need for a peaceful settlement of disputes and for an adherence to international law, especially the UNCLOS and the 2016 Arbitral Award on the South China Sea in this regard.”

Sources confirmed to The Wire that India’s position on the arbitral award has “evolved” and that the joint statement was the first manifestation of this change. They added that the evolution was based on a request from the Filipino side.

While President Rodrigo Duterte had put the implementation of the 2016 award on the backburner as he courted China, the new government of Ferdinand Marcos Junior that took over in 2022 has signalled a more confrontational position.

At the six-year anniversary of the award last year, Filipino foreign secretary Manalo said Tuesday that the arbitration ruling would be a pillar of his new government’s policy and actions in the disputed region. “These findings are no longer within the reach of denial and rebuttal and are conclusive as they are indisputable. The award is final,” Manalo said in a statement.

Therefore, this is the first time that the India-Filipino joint statement directly calls for adherence not just with the UNCLOS, but with the 2016 Arbitral award.

Sources said that the change was also a reflection of the “changing geopolitics” as well as the evolving views in New Delhi and Manila vis-à-vis China.

Meanwhile, US Assistant Secretary of State for East Asia and the Pacific Daniel Kritenbrink on Wednesday said that Washington sees a growing role for India in the disputed South China Sea and there will be a collaboration between Washington and New Delhi in this strategically vital region.

Speaking at the 13th Annual South China Sea Conference by the Centre for Strategic and International Studies, he was asked whether he sees a growing role for India in the South China Sea and if there will be US-India collaboration in this area.