We share the jubilation of most Filipinos at the decision of the Permanent Court of Arbitration on the territorial row between the Philippines and China over the South China Sea.
According to the tribunal, China has no legal basis to claim historic rights within the sea areas falling within the nine-dash line.
The Philippines brought the issue to the PCA in 2013 which immediately assumed jurisdiction over the case, even as China refused to participate in the proceedings and vowed to ignore the eventual ruling.
China claims nearly all vital waters in the South China Sea and insists it has had historic claims to the disputed territories.
True to form, on Tuesday, China’s foreign ministry said: “The award is null and void and has no binding force… China neither accepts nor recognizes it.”
Such a reaction is not surprising given China’s expressed preference for bilateral solutions to the dispute. This, even as it is—like the Philippines—a signatory to the United Nations Convention on the Laws of the Sea.
But a bigger issue than the decision itself is how the Philippines, under the two-week old administration of President Rodrigo Duterte, would proceed with its claims amid pressure from China—our militarily mighty, commercial giant of a neighbor—to hold two-party talks instead.
Mr. Duterte’s appreciation of the issue has swung wildly in recent months. During a presidential debate, he said he would mount a jet ski and wave the Philippine flag to assert our claim on the waters. This hewed closely to the tough stance that his predecessor, Benigno Aquino III, tried to show—something many frowned upon as exaggerated, unnecessary and laughable.
In recent days, however, President Duterte and his Cabinet members have indicated a willingness to go into bilateral talks with China, saying they did not want to antagonize it. In fact, there has been talk of possible joint exploration of resources between the two countries.
We hope the arbitration court ruling would douse some cold water over these silly plans.
The Philippines must stand by its commitment to international agreements and be firm in its decision to assert its rightful claim before the global community. Our foremost consideration must be the nation’s interest; we must not walk on eggshells for fear of antagonizing anybody so long as our claims have sound basis.
Abandoning our confidence in a multi-lateral solution will not only make us look ridiculous before the international community. It will make us appear weak and indecisive, something China can exploit and turn to its own advantage—if it has not already.
The previous administration’s legal team did a good job at putting together a petition, tempering the unnecessary fighting words of Mr. Aquino. Mr. Duterte’s team should avoid squandering these gains by going to the other extreme of pandering to China’s wishes. Succeeding moves should be guided only by the recent decision of the court in The Hague.
