PHILIPPINES IN POSITION TO SEEK 2ND ARBITRATION, SAYS THINK TANK

HONOLULU, Hawaii —The Philippines has the advantage of seeking a second arbitration opposing China’s claims in the South China Sea, according to the Hawaii-based foreign policy think tank Pacific Forum.

It should also rally its fellow claimant Vietnam to file a United Nations Convention on the Law of the Sea (UNCLOS) violation case against Beijing,

“I think that the Philippines is in a position where it should reintroduce something through UNCLOS.. try another arbitration. I think that that's where you're at this point… because of all the violations that China has been engaged in,” Pacific Forum executive director Carl Baker told reporters participating in the Friends, Allies, Partners Program for Journalists.

“I think that that it's something that you could legitimately pursue on what UNCLOS says about what you can and can't do in your EEX (exclusive economic zone),” Baker said.

In seeking another arbitration, he said that Manila can demand damages from Beijing, and make a strong statement “that China is in fact in violation of UNCLOS.”

China is claiming almost the entirety of South China Sea —a conduit for more than $3 trillion in annual ship commerce. 

Beijing’s territorial claims overlap with those of the Philippines, Vietnam, Malaysia, and Brunei.

A portion of the South China Sea within the Philippine exclusive economic zone has been renamed the West Philippine Sea.

In 2016, Manila scored a victory in a maritime territorial dispute it lodge against Beijing at the international Arbitral Tribunal. The country continues to assert the legally binding decision but China rejects the ruling.

Tension between the Philippines and China has increased recently, especially after the country forged stronger diplomatic and military ties with the United States.

Both have also traded accusations over aggressive maneuvers in the disputed waters.

A recent water cannon assault by the Chinese Coast Guard at Philippine civilian vessels en route for a supply mission to Scarborough Shoal resulted in heavy damage to the boats.

The Philippine Foreign Affairs Department has Chinese Embassy of Manila Deputy Chief of Mission Zhou Zhiyong explain over the incident.

President Ferdinand Marcos Jr. has thumbed down the use of water cannon in defending the country’s territory.

Baker said the Philippines should urge its neighbors in Southeast Asia in introducing a new appeal to the UNCLOS arbitral panel.

“It would be much better if we ASEAN people worked together on this… don't let them get away with the non-binding again. I mean, what would be ideal is if you could get Vietnam to join you in that arbitral [case] in that appeal for an arbitral tribunal,” the Pacific Forum executive director said.

“I mean, that would, that would strengthen your case and it would make it more difficult for China to just ignore it… that's the approach you need to take. You need to make some sort of collective effort… over what you can pursue in an arbitral tribunal,” Baker said.

The Hawaii-based think tank’s chief said  if China rejects a new arbitral ruling against it will “look bad on them” as “you've convinced Vietnam that there's a case to be made, and you've shown the world once again that China is not following the rules, that it can't make its statements about adhering to the UN Charter.”

Apart from the Philippines, Vietnam is also at the forefront of maritime disputes with China in the South China Sea. —LDF, GMA Integrated News

This article Philippines in position to seek 2nd arbitration, says think tank was originally published in GMA News Online.

2024-05-08T19:05:49Z dg43tfdfdgfd