It was an illegal undertaking at the outset. When China seized Philippine-claimed shoals in the West Philippine Sea years ago, it engaged in plain and simple bullying.
After seizing the shoals and constructing artificial structures on them, the communist government in Beijing enforced its claim through military might and intimidation. Chinese warships began driving away anyone who went near their artificial structures, and Chinese fighter jets confronted any aircraft that entered the air space above the structures.
The biggest surprise was for Filipino fishermen who earned their living around the shoals. Chinese ships drove them away from what, since time immemorial, have always been considered traditional fishing grounds for Filipinos. Those fishing grounds are clearly within the exclusive economic zone of the Philippines pursuant to the United Nations Convention on the Law of the Sea to which, ironically, Beijing is a signatory.
China alleged that it has a historic right over those shoals claimed by the Philippines; ancient Chinese maps suggest that Chinese presence had been in the area for the longest time. Manila, however, debunked that claim by producing an ancient Philippine map which includes those shoals. Since this Philippine map is older than the oldest Chinese map, it clearly rebuts China’s cartographic claim.
In addition, those disputed shoals are more proximate to Luzon than they are to mainland China. This fact alone dilutes China’s position. Beijing’s story is also belied by recent history. When the United States still maintained military bases in the Philippines, Clark Air Base in Pampanga and Subic Bay Naval Base in Zambales in particular, American military aircraft and warships frequented the shoals in the West Philippine Sea now claimed by China. On many occasions, the US Marines conducted regular training exercises in the area. During that period, Beijing never protested and just kept silent.
Now that the US bases in the Philippines are gone, and now that the puny navy and air force of the Philippines are left defending the region, China flexes its military muscle and seizes those shoals on the hollow claim that the area belongs to China by historic right. Good grief!
China even redrew the map of the South China Sea and marked its new territories with the now-infamous nine-dash line boundaries. The new map ignores the EEZs of the Philippines and neighboring countries. It also unilaterally converts the South China Sea into Beijing’s private lake.
With no military might to enforce its rights, and having had enough of China’s bullying, the Philippines brought its case to the United Nations-backed Permanent Court of Arbitration based in The Hague, in the Netherlands. Nations which resented Beijing’s bullying lauded the move.
China, however, refused to participate in the arbitration proceedings on the ground that it has sovereignty over the disputed shoals. Anticipating a ruling against it, China announced that it does not recognize the arbitration court, and that it would not abide by its ruling.
In legal theory, China is bound to participate in the arbitration case because it is a signatory to the Unclos. Beijing has not offered any plausible explanation for its refusal to participate, other than its self-serving political propaganda carried by the international media.
Through whole-page advertisements published in Philippine newspapers since 2014, China repeatedly promotes itself as a peace-loving and cultured country. The stupefying advertisements use euphemisms like “peace,” “dialogue,” “cooperation,” and “understanding” to give the impression that China is a peaceful and law-abiding nation. What hogwash!
Last week, the arbitration court ruled in favor of the Philippines and declared that China’s territorial claims are in violation of international law. According to the arbitration court, China has no historic right to the contested shoals, and Beijing’s flaunted nine-dash line demarcation is unjustified. As expected, China was furious, denounced the decision, and refused to abide by it. China likewise called the arbitration court all sorts of names, and questioned the court’s competence and integrity.
Beijing’s offensive language is a typical example of the propaganda a communist government resorts to whenever it runs out of valid arguments. Anyway, Beijing’s communist propaganda may work with its regimented and brainwashed citizens, including those in Hong Kong, but it fails to convince Filipinos and the citizens of nations which observe the rule of law.
The world’s eyes are now focused on China. Will it abide by international law, or will it go back to its wicked ways as a rogue, outlaw state when it was not yet a member of the United Nations?
Meanwhile, how will the Philippines enforce the ruling of the arbitration court?
A military option is out of the question because the Armed Forces of the Philippines is not in a position to wage war against the communist giant. This leaves diplomacy as the only practical option available to Manila. Since international public opinion is currently against China, Manila should pursue quiet talks with Beijing for the purpose of giving Beijing a graceful exit. Manila’s diplomats for this purpose should not include the likes of Senator Antonio Trillanes IV, who is considered by political analysts as pro-Beijing.
If the diplomatic option fails, Manila can still take solace in the knowledge that Beijing will suffer from a serious credibility problem in the eyes of the world community if it does not comply with international law. The communist country that it is, China is very concerned about its international image. Being vulnerable in that aspect, China may be compelled to ease up on its position. Of course, only time will tell.
Meanwhile, Foreign Affairs Secretary Perfecto Yasay should stop giving press conferences about the case. Even before the arbitration court arrived at its decision, Yasay has been making public statements which suggest that he is afraid of displeasing Beijing. Restraint and sobriety in the aftermath of our court victory may be prudent, but a public display of pessimism by the nation’s top diplomat during a joyous occasion for the Filipino people is uncalled for.
