Sea ruling now global law, inspite of Beijing

Despite Beijing’s attempts to undermine it, the UN maritime ruling favoring the Philippines already is part of world law. Manila tactfully must defend it and lead other lands in that effort, for Filipino and global interest.

In standing for what is right, the Philippines gained world respect, former foreign secretary Albert del Rosario said last week on the ruling’s first anniversary. The Philippines “made a strong contribution to our region” and “the universal body of international law.”

The pro-Philippines ruling benefits counterclaimants to reefs and rocks in the SCS, including China, and the rest of the world. “Through it, we have more clarity on maritime rights – what we can do, and where we can constructive(ly) cooperat(e),” noted del Rosario, who initiated the arbitration in 2013.

The Philippines, Vietnam, Malaysia, Brunei, Indonesia, China, and Taiwan have overlapping 200-mile exclusive economic zones under the UN Convention on the Law of the Sea. China claims the entire SCS under a nine-dash territorial line that threatens $5.2 million in global trade that passes through it every year. China also grabbed Scarborough Shoal in 2012 and began constructing artificial islands on seven reefs, prompting Manila in 2013 to sue before the UN Permanent Court of Arbitration.

The ruling on July 12, 2016, had five key points: (1) China’s nine-dash claim is invalid under international law; (2) reefs and rocks cannot delineate EEZs; (3) China broke Philippine and other countries’ EEZs in taking over the seven reefs; (4) Scarborough is a traditional fishing ground of various peoples to be shared by them; and (5) China destroyed the environment and worsened the sea dispute by its artificial island building.

Beijing boycotted the UN arbitration and rejects the ruling. It has built military fortresses on three of the reefs: Mischief within the Philippine EEZ, Fiery Cross within Vietnam's, and Subi. Last month new satellite images showed that it has added missile silos, extended fighter airstrips, and enlarged warship wharfs.

Nonetheless, “the ruling is now an integral and indelible part of international law,” del Rosario said, although “there are attempts by Beijing to undermine it and its status.”

Del Rosario noted that Beijing continues to militarize the SCS and ignore Philippine sovereign rights despite Manila’s friendly stance. President Xi Jinping even threatened war, he said, referring to President Duterte’s account of the Chinese leader’s reaction when he brought up the EEZ issue.

Del Rosario saw three ways ahead:

(1) Manila should be categorical on protecting sovereignty and national patrimony. “(It) is our responsibility to be stewards of our resources for all Filipinos, including future generations... We cannot trade away our sovereignty or sovereign rights, and we should not give even the impression that we are willing to do so.”

(2) Manila must exhaust all available diplomatic avenues to promote the ruling and international law. “We must protest what is unlawful, coercive, and contrary to principles that govern relations between states. We should seek cooperation from like-minded states. We should be ready to approach the UN General Assembly to appeal to the global village of nations. Any suggestion of war should be shunned. We cannot allow others to play with the threat of war when our submitted disputes have already been clarified in the ruling.”

(3) After leading the region in arbitration, Manila should reassume leadership in pushing for enforcement. One way is by pushing in ASEAN, which Manila chairs on its 50th year this 2017, for a Code of Conduct in the disputed sea. “Leadership is not a mantle easily shed. Even today, countries hope for us to lead from our position of strength. No nation can support us more than ourselves, and there can be no unity over the right course of action unless we initiate this unity... Renewed leadership can further strengthen this administration’s position with the people. More than eight out of ten Filipinos believe that we should be asserting our rights in the West Philippine Sea as provided by the law.”

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“Pagsambang Bayan” the iconic anti-martial law play first staged in 1977, the fifth year of the Marcos dictatorship, is to be restaged as a musical. Originally employing liturgical and nationalist songs, it is set to music, dance, and digital images on burning issues of 45 years ago and the present.

“Pagsambang Bayan The Musical” boasts of an award-winning creative team composed of Joel C. Lamangan, director; Bonifacio P. Ilagan, playwright-librettist; Jed Balsamo, musical director-composer-arranger; Lucien Letaba, contributing composer; Leeroy New, production designer; and Joey Nombres, lights designer.

Playdates: Fridays and Saturdays 3 and 7 p.m., Aug. 4-19 at the Tanghalang PUP, Polytechnic University of the Philippines Masscom compound, Sta. Mesa, Manila. Then, Sunday, Sept. 3, 3 and 7 p.m., Irvin Theater, Ateneo de Manila University, Katipunan, Quezon City.

For bookings, sponsorships, and tickets, contact Tag-ani: (+63) 9228 252604, (+63) 9228 995754, and (+63) 9088 124781/email [email protected] and [email protected].

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Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ (882-AM).

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