Two years ago today, the Philippines scored a decisive victory against China when the Permanent Court of Arbitration affirmed that China’s “historical maritime rights” over con-tested areas in the West Philippine Sea/South China Sea have no basis in international law. To recall, the worsening dispute between the Philippines and China over conflicting maritime entitlements in the region prompted Manila to bring its case to the PCA.
At the center of the maritime dispute was the “nine-dash line,” Beijing’s claim that encircles as much as 90 percent of the contested waters. The line runs as far as 2,000 kilometers from Mainland China to within a few hundred kilometers of the Philippines, Malaysia and Vietnam. Beijing maintains it owns the territories contained within the line, based on vaguely defined historical maritime rights.
The Philippines contested China’s claim, arguing that the nine-dash line exceeds the limits of maritime entitlements permitted under the United Nations Convention on the Law of the Sea. Under the Unclos, a nation has sovereignty over waters extending 12 nautical miles from its land and exclusive control over economic activities within 200 nautical miles.
Manila won a near unanimous victory, scoring all but one of its 15 claims against Beijing in its PCA submissions. The court also ruled that China’s construction projects in the Spratly Islands, harassment and prevention of Filipinos from conducting fishing activities in Scarborough Shoal, and interference with oil and gas exploration at the Reed Bank blatantly violated Philippine sovereign rights.
Although China has said it does not recognize the ruling, the role of the PCA as an impartial legal institution in maritime dispute resolution in the West Philippine Sea/South China Sea cannot be questioned. As such, the PCA ruling invalidated China’s so-called “historic rights” over the West Philippine Sea/South China Sea, clarified our maritime entitlements and set a precedent for peaceful resolution of maritime disputes.
Before the PCA ruling, countries with overlapping claims in disputed areas either acted in accordance with their own interpretations of the Unclos or adopted neutral position on certain maritime issues. This prevented joint cooperation among claimant nations to thwart what was perceived as China’s expansionism.
To mark the second year of the country’s victory at the Permanent Court of Arbitration, independent think tank Stratbase ADR Institute (ADRi) is holding a forum today—“The South China Sea Arbitration Award 12 July 2016: Promoting a Rules-Based International System?”—from 8:30 a.m. to 1:30 p.m. at the Manila Polo Club in Makati City.
Stratbase ADRi President Victor Adres “Dindo” Manhit said the forum will highlight the need for a rules-based international system to resolve the regional conflict over the area. “Two years have passed since the Philippines scored a decisive victory against its northern neighbor. Yet, while the ruling should have transformed the strategic milieu in terms of maritime security and should have reshaped the state actors’ strategies and actions, there remains uncertainty on the future of maritime commons,” he said.
Invited key speakers include Vice President Maria Leonor “Leni” G. Robredo, acting Supreme Court Chief Justice Antonio T. Carpio and Foreign Secretary Alan Peter S. Cayetano. Also invited to provide key insights are Dr. Jay Batongbacal, Director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea; journalist Marites Vitug, the author of the book Rock Solid: How the Philippines Won its Maritime Case vs China; Prof. Brahma Chellaney of Strategic Studies Centre for Policy Research in New Delhi; Prof. Makoto Seta of Yokohama City University; Prof. Go Ito of Meiji University; and Natalie Sambhi of Australian National University. Gregory Poling, director of Asia Maritime Transparency Initiative at the Center for Strategic and International Studies, will provide a video presentation.
Former Foreign Secretary Albert del Rosario, who is the chairman of Stratbase ADRi, said, “The fact that the issue of the Hague tribunal decision has been set aside, to be brought up on another day,” is disappointing. He explained: “At the end of the day, everyone, even a superpower like China, has to understand that if they have to be respected, they must follow the rule of law. And until they do that, they will not get the entire respect of the world.”