Manilas take on South China Sea
Lauren Arce
The opinion piece entitled China urges Philippines to honour commitments published in The Independent on 19 May 2016 was replete with unfortunate misconceptions regarding the maritime disputes in the South China Sea. When faced with falsities, it is always best to let the facts speak for themselves.
It is reassuring, however, that international legal and political instruments were used as references to paint a picture of the disputes, thus establishing that actions and arguments must fit within the framework of international law. The Philippines welcomes these references, and encourages writers to incorporate the facts derived from them in their writings.
In the Declaration on the Conduct of Parties in the South China Sea (DOC), a significant political instrument signed in 2002 by the Association of Southeast Asian Nations and China, all Parties committed to exercise self-restraint from inhabiting on maritime features which were uninhabited when the DOC was signed in 2002. Since 2012, however, China has disregarded its commitments by conducting massive and destructive land reclamation activities in the disputed areas after it signed the DOC, while the Philippines has not. The Philippines clearly honored its commitments to international instruments in the region. The Philippines encourages China to honor its commitments as well.
It is also specious to assume that the DOCs provisions preclude mechanisms of dispute resolution other than bilateral negotiations. The DOC encourages adherence to the United Nations Convention to the Law of the Sea, which advocates arbitration as a non-adversarial means to resolve disputes. The Philippines and China have already had more than 50 bilateral talks since 2012.
The Philippines resorted to arbitration only after it became clear then that dispute resolution was unattainable through bilateral negotiations. The Philippines put its faith in existing legal mechanisms as the Philippines claims have clear legal basis in international law. It must be emphasized that no country has ever had cultural monopoly in the South China Sea and that claiming an entire sea could not be justified under modern international law.
Arbitration is a legal diplomatic process promoting the rule of law, and is consistent with the DOC and the regions efforts to peacefully resolve disputes. It is neither vexatious nor provocative. The Philippines arbitration case promotes legal order, which benefits the entire international community. The jurisdiction of the arbitral tribunal is undeniable and the tribunals decisions are legally-binding. Arbitration is the way forward in peacefully and constructively managing and resolving the disputes between the Philippines and China in the South China Sea.
The Philippines advocates the rule of law based on mutual respect, sovereign equality, and a rules-based regime in the South China Sea. We look forward to refreshed relations with China and constructively moving onward together. Thank you for your kind understanding.
The writer is the Information Attach, Embassy of the Republic of the Philippines in Dhaka, Bangladesh
