Just over a year ago, the Permanent Court
of Arbitration in The Hague ruled that China’s vaunted “nine-dash line”
and subsequent historic claims over much of South China Sea had no basis
in international law, in particular the United Nations Convention on
the Law of the Sea (UNCLOS). The decisive legal victory for the
Philippines, the first state to challenge Beijing in such a public
forum, marked an important milestone in a protracted territorial
dispute.
HIGHLIGHT THE LAWAS THE BASIS OF OUR DIPLOMACY
As
our country takes its next steps in protecting its interests in the
West Philippine Sea, we should resume our leadership in fortifying
international law. As this year’s chair of ASEAN, we have an opportunity
to steer the discussions on the Code of Conduct. In our view, the Code
of Conduct must reaffirm the Arbitral Tribunal’s Award to the
Philippines as a guide for all our countries’ behavior in the South
China Sea. In this context, bears emphasis that The Hague ruling
affirmed that maritime entitlements should be governed by UNCLOS and
that any alleged right not anchored on UNCLOS should be denied. The
conclusion of a legally binding Code of Conduct along these lines must
be a priority.
Moreover, the Philippines should continue to actively present its case
as a legal precedent for ASEAN claimant-states to further clarify their
respective maritime entitlements and boundaries as well as align their
respective domestic policies with UNCLOS provisions. Ultimately, the
award should not be seen as mere beneficial to the interest of the
Philippines, but to all claimants in the South China Sea with common
interests in freedom of navigation for trade and other legitimate
activities.
At the end of the day, we believe that all the claimants should work
toward resolving their disputes peacefully and amicably by making full
use of the legal processes available to them, in accordance with the
milestones that the region has reached, such as in the 2002 Declaration
on the Conduct of Parties in the South China Sea and, of course, the
Arbitral Tribunal’s ruling.
CAUTION SHOULD NOT PARALYZE US
Since the ruling was released,
caution has replaced the optimism that had accompanied the decision in
Manila. While the ruling indeed set a key precedent in terms of
clarifying the country’s rights under the purview of international law,
some say President Rodrigo Duterte’s pursuit of a so-called “independent
foreign policy” may imperil -- if not completely compromise -- the
potential value of the decision.
Even so, the administration’s choice to normalize diplomatic relations
with Beijing while cooling ties with its traditional ally the United
States has effectively put the ruling on the back burner. Under the
chairmanship of the Philippines, the Association of Southeast Asian
Nations (ASEAN) was likewise lukewarm in terms of taking China to task
over its militarization of the South China Sea.
Whether this direction will bear fruit eventually is a matter of
conjecture, but in the intervening months since the ruling, Chinese
military buildup in the disputed waters as well as harassment of
Filipino fishermen by Chinese vessels didn’t abate. Recently, a report
from the Asia Maritime Transparency Initiative revealed that new missile
shelters and radar and communication facilities are being installed in
Fiery Cross and Mischief and Subi Reefs.
There is a sense of fragile peace in the region, a peace that is
undermined by what many see as China’s willful disregard and flouting of
international law. A year after the ruling, perhaps it is high time to
revisit and reassess the Philippines’ policy position in light of
China’s actions.
Facing continued antagonism from Beijing, the country should adopt a
strategy akin to Japan’s so-called multilayered security cooperation by
leading the way in upholding international order.
All diplomatic avenues must be exhausted that are in promoting the rule
of international law. We must protest what is unlawful, coercive, and
contrary to the correct principles that govern relations between states.
We should be ready to appeal to the UN General Assembly in moving
towards peace, not war. Ultimately, in taking the right strategy, our
government can only enhance its standing among our peers and ensure its
legacy for the generations that will succeed us.
Victor Andres “Dindo” C. Manhit is the founder and managing director of
the Stratbase Group and president of its policy think tank, Albert del
Rosario Institute for Strategic and International Studies (ADRi). Prof.
Manhit is a former chair and retired associate professor of Political
Science of De La Salle University. He has authored numerous papers on
governance, political, and electoral reforms.
source: Businessworld