In A First, Quad Upholds 2016 South China Sea Arbitral Award Against China
Apart from expressing concerns over Chinese actions in South China and East China Seas, Quad also discusses Russia-Ukraine war and calls for a ‘sovereign, viable and independent’ Palestinian state
Quad Summit: In a clear and sharp attack on China but without naming it, the Quad on Saturday expressed serious concern over the situation in the East and South China Seas even as the US, India, Australia and Japan, for the first time, upheld the 2016 Arbitral Award on the South China Sea as a “significant milestone and the basis for peacefully resolving disputes between the parties”.
In a significant change of tone from 2023, when the last Quad Summit was held in Hiroshima, the four-member grouping said they “oppose efforts to disrupt other countries’ offshore resource exploitation activities”.
“We reaffirm that maritime disputes must be resolved peacefully and in accordance with international law, as reflected in UNCLOS (United Nations Convention on the Law of the Sea). We re-emphasise the importance of maintaining and upholding freedom of navigation and overflight, other lawful uses of the sea, and unimpeded commerce consistent with international law,” the joint statement, which was named ‘The Wilmington Declaration’, said.
It added, “We re-emphasise the universal and unified character of UNCLOS, and reaffirm that UNCLOS sets out the legal framework within which all activities in the oceans and the seas must be carried out.”
This was the fourth in-person Quad Summit and this year it was hosted by US President Joe Biden in Wilmington, Delaware.
The Quad stressed the need to resolve maritime disputes “peacefully and in accordance with international law, as reflected in UNCLOS”.
This comes amid tensions between China and the Philippines in the South China Sea, which have been mounting for the past two years. The issue was dealt with by an arbitral tribunal constituted under UNCLOS at The Hague, which gave its verdict on July 12, 2016.
The arbitral tribunal’s verdict was in favour of the Philippines, and turned down China’s claims over the islands in the South China Sea — including its nine-dash line, recent land reclamation activities, and other activities in Philippine waters — and called it “unlawful”. China refused to recognise the verdict since it cannot be legally enforced and called the judgment “null and void”.
Apart from the Philippines, China currently has territorial disputes in the South China and East China Seas with Vietnam, Malaysia and Brunei.
The Philippines, which is a treaty ally of the US, is reportedly once again planning to raise the issue multilaterally against China by taking up the matter at the United Nations General Assembly.
“As Leaders, we are steadfast in our conviction that international law, including respect for sovereignty and territorial integrity, and the maintenance of peace, safety, security and stability in the maritime domain, underpin the sustainable development, and prosperity of the Indo-Pacific,” the joint statement said.
‘Deepest Concern’ Over Ukraine War, Says Quad
The Quad also expressed “deepest concern” for Ukraine. Like in the case of China, without naming Russia in the joint statement, the four member countries of the grouping said, “In the context of this war, we share the view that the use, or threat of use, of nuclear weapons is unacceptable.”
It said, “We (Quad) also note the negative impacts of the war in Ukraine with regard to global food and energy security, especially for developing and least developed countries.”
“Each of us has visited Ukraine since the war began, and seen this first-hand; we reiterate the need for a comprehensive, just, and lasting peace in line with international law, consistent with the purposes and principles of the UN Charter, including respect for sovereignty and territorial integrity,” the Wilmington Declaration said.
“We stand for adherence to international law and respect for principles of the UN Charter, including territorial integrity, sovereignty of all states, and peaceful resolution of disputes. We express our deepest concern over the war raging in Ukraine including the terrible and tragic humanitarian consequences,” it said.
The statement added, “ We underscore the importance of upholding international law, and in line with the UN Charter, reiterate that all states must refrain from the threat of or use of force against the territorial integrity and sovereignty or political independence of any state.”
Quad Calls For ‘Sovereign, Viable and Independent’ Palestinian State
As Israel continues its indiscriminate bombings in Gaza, killing civilians, including children, the Quad leaders called for a “sovereign, viable and independent Palestinian state” even as they said that they “unequivocally condemn the terror attacks” carried out by Hamas on October 7, 2023. They also called for the release of Israeli hostages held by Hamas.
“The large-scale loss of civilian lives and the humanitarian crisis in Gaza is unacceptable. We affirm the imperative of securing the release of all hostages held by Hamas, and emphasise that the deal to release hostages would bring an immediate and prolonged ceasefire in Gaza,” said Quad.
The leaders added, “We remain committed to a sovereign, viable and independent Palestinian state taking into account Israel’s legitimate security concerns as part of a two-state solution that enables both Israelis and Palestinians to live in a just, lasting, and secure peace. Any unilateral actions that undermine the prospect of a two-state solution, including Israeli expansion of settlements and violent extremism on all sides, must end. We underscore the need to prevent the conflict from escalating and spilling over in the region.”
The Quad also condemned the “ongoing attacks perpetrated by the Houthis and their supporters against international and commercial vessels transiting through the Red Sea and Gulf of Aden, which are destabilising the region and impeding navigational rights and freedoms and trade flows, and jeopardise the safety of vessels and people on board including sailors”.
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