Overshadowed by political turbulence, juvenile violence, the continuing impact of the Middle East crisis and the faster rise in commodity prices is the 10th anniversary of the country’s historic victory before the Permanent Court of Arbitration in The Hague.
A decade ago today, Filipinos celebrated the PCA’s ruling, which invalidated China’s nine-dash-line claim over nearly the entire South China Sea, leaving Southeast Asian countries only enough maritime area for municipal fishing and water sports.
The ruling was based on a petition filed by the Philippines, seeking a definition of the country’s maritime entitlements based on the United Nations Convention on the Law of the Sea.
Both the Philippines and China are signatories to UNCLOS, but Beijing refused to participate in the arbitration. It has refused to recognize the PCA ruling, which declared that Panganiban or Mischief Reef, Second Thomas or Ayungin Shoal and Recto or Reed Bank fall within the Philippines’ 200-nautical-mile exclusive economic zone as defined under UNCLOS.
China’s construction of an artificial island on Panganiban Reef off Palawan is therefore illegal, according to the PCA. It also ruled that China cannot prevent Philippine vessels from entering and fishing in and around Panatag or Scarborough Shoal, where both Filipinos and Chinese have traditional fishing rights.
Beijing has refused to dismantle its military installation on the artificial island it has created on Panganiban Reef. It recently deployed a 30-square-meter floating platform in Panatag linked to unauthorized marine research, but withdrew it after Manila filed a diplomatic protest.
The arbitral ruling is being celebrated in the Philippines as certain Chinese scholars float the opinion that parts of Batanes belong to China – an idea believed linked to Beijing’s threat to retake Taiwan by force if necessary.
While Filipinos celebrated the arbitral ruling on July 12, 2016, the atmosphere at Malacañang was funereal. In his six years in power, Rodrigo Duterte behaved as if he wanted to bury that victory. Instead he tried in vain to get Filipinos to support his pivot to China.
Even as he did so, however, the country saw growing support from the international community, including the Group of 7 industrialized nations and the European Union, which said the ruling is final and legally binding.
This international support, which continues to grow as China flexes its economic and military muscles, affirms the importance of a rules-based international order, freedom of navigation and the peaceful resolution of disputes.
The support is among the top reasons for the Philippines to celebrate the 10th anniversary of the Arbitral Award.