Negotiating from a position of strength

HONOLULU, Hawaii – US Vice President Joe Biden was in Honolulu yesterday to observe the ongoing RIMPAC naval exer­cise. Biden met with the foreign ministry officials of Korea and Japan which he called America’s key allies in the Pacific. While the discussion centered on North Korea, there was also a meeting at the Pacific Command regarding the South China Sea. The US vice president commented that nations can work together to steer history in a direction of greater peace and stability.

The unanimous decision of the UN Permanent Court of Arbitration at The Hague ruling against China’s claims in the South China Sea has reverber­ated all over the world. Despite calls by major heads of state for both parties to abide by the arbitral court’s milestone decision – being the first international ruling over disputed maritime territories in the South China Sea – China continues to be defiant, with President Xi Jinping declaring that they will “never accept any claim or action” based on the PCA decision.

Given the fact that the UN tribunal does not have the power to enforce its ruling, everybody is now closely watching the situation. Two days after the PCA handed down its decision, Filipino fishermen tried fishing in Scarborough Shoal but were driven away by Chinese Coast Guard. But as a New York Times editorial pointed out, it would be foolish for Xi Jinping – given China’s stake when it comes to peaceful trade with the rest of the world – to take “provocative actions that could inflame regional tensions and conceivably lead to a military confrontation with its neighbors or the United States.”

Saying war is not an option and that he does not want to taunt or flaunt the UN tribunal’s decision, President Rodrigo Duterte has indicated his willing­ness to engage in bilateral talks with China, broaching the idea of former President Fidel Ramos as head of the negotiations. I think FVR is a good choice being more senior than Senator Sonny Trillanes who was sent to China by the previous administration to conduct several attempts at back channeling which unfortu­nately did not go anywhere especially after we filed the arbitration case.

It can be remembered that every time Filipino dip­lomats attempted to engage in discussions with their Chinese counterparts, the latter would always begin by saying “this is ours” – which already stymied the dia­logue even before it got started. This time however, the ruling gives us additional leverage that would allow us to negotiate from a position of strength. Beijing’s claim that it owns almost 90 percent of the South China Sea has been found to be without legal or historical basis.

At the same time, the PCA decision has given us a stronger voice before international gatherings, as seen during the 11th Asia-Europe Meeting (ASEM) where the Philippines was able to raise the issue of the South China Sea dispute and the recent ruling. This was a far cry from the last ASEM where China pressured other countries to avoid the issue.

Our American friends are encouraged by the re­sponse of world leaders to the ruling, among them Australian Foreign Minister Julie Bishop who warned Beijing that to ignore the ruling would be a “serious international transgression,” and that China’s reputa­tion would suffer if it refuses to abide by the decision. As Bishop pointed out, the PCA decision provided “deep clarity on the international law as applicable to the South China Sea.”

It is quite interesting that while China continues to act in a belligerent manner – calling the decision as nothing but “a piece of waste paper” – it also declares openness to negotiations. This can only indicate that China is not as unconcerned or unaffected as it wants to project to the rest of the world. After all, nations must abide by the international rule of law not only to maintain peace and security but to safeguard economic progress and development. Respecting the rule of law is “the foundation for building equitable state relations and the basis upon which just and fair societies were built,” world leaders said, when they adopted the declaration reaffirming the rule of law during the UN General Assembly in September 2012.

“If our aim is to strengthen trust between nations, then respect for accepted norms and standards cannot be ambiguous or selective,” remarked General Assembly president Vuk Jeremic of Serbia during the 2012 GA. By signing the UN Convention on the Law of the Sea in 1982 and ratifying the same in 1996, China effectively committed itself to abide by the provisions of UNCLOS – which states that one state can initiate arbitration against another state, and that tribunals such as the PCA in The Hague have jurisdiction over disputes.

China’s expansionist moves in the South China Sea – building artificial structures, even sending “tourists” to the disputed territories – is being dubbed as the marine equivalent of the Nazi Lebensraum ideology that was used to justify the invasion of another country. China’s actions run counter to its publicly avowed commitment to maintain world peace and international rule of law.

In October 2014 during United Nations Day celebra­tions, Chinese Foreign Minister Wang Yi urged coun­tries to “make joint efforts to promote the rule of law in international relations, abide by international law and universally recognized basic principles governing international relations…”

But while engaging our giant neighbor in negotia­tions is a good option, we should always remember that China could resort to bully tactics to get its way. And this time, the government can boost its position with the PCA ruling. As Yi himself noted, “acting in ac­cordance with international law is the common sense, whereas breaching international law is unpopular.”

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