Taking the Next Step on the Code of Conduct

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