A Position Paper of
Philippines assertion of the tribunal ruling in the West Philippine Sea against China’s claim
By: Karl Hendricks Rada
Introduction
The Philippine government in 2011 coined the term “West Philippine Sea” as an official
designation as an act of refusal for China’s sovereignty claim over the whole South China Sea. It
was used by the Philippine Government during the administration of the then – President Benigno
Aquino III for its claim over the disputed territorial waters of the South China Sea against China’s
claim for the whole region.
On 12 July 2016, the Permanent Court of Arbitration published an arbitration award by the
tribunal which states that “There was no legal basis for China to claim historic rights to resources
within the sea areas falling within the nine-dash line”. However, President Rodrigo Duterte
expressed his refusal to use the arbitral ruling to refute the claim of China in the region as he said
that “China is in possession of it.” Contrary to his statement, Retired Chief Justice Antonio Carpio
said that “China is not in possession of the West Philippine Sea and asserting its legal victory
over China will help the Philippines in resolving the issue.
Counter Argument
China declared that it would not participate in the arbitration, but its refusal did not prevent
the Permanent Court of Arbitration tribunal from proceeding with the case. After the award ruling,
the People’s Republic of China issued a statement rejecting it as a null and decided not to abide
by the tribunal’s decision. Due to their rejection of the ruling, the Philippine Government led by
President Duterte opposed the use of the ruling for claiming the West Philippine Sea. President
Xi Jinping of China also reiterated his government stance of not recognizing the ruling.
But Former Foreign Affairs Secretary Albert Del Rosario expressed his disagreement to
the President Duterte decision as he urged the Philippine government to bring the arbitral ruling
to the UN General Assembly for China to be pressured for noncompliance with the ruling and the
UN Convention of the law of the Sea
Argument
The Philippine government must assert our rights to the disputed territorial waters in the
eastern portion of the South China Sea as the Permanent Court of Arbitration states in the ruling
that the Philippines has its sovereign rights in its EEZ and continental shelf, meaning, we are the
one who has the rights to exploit and protect the resources in the region as it is part of our
sovereignty. In a June 2019 survey conducted by the Social Weather Stations, 87 percent of
1,200 Filipinos agree that the government should assert its rights to the disputed territorial waters
in the South China Sea claimed by the Philippines as stated in the 2016 decision of the Permanent
Court of Arbitration.
The Philippine government must recognize the ruling of the Permanent Court of Arbitration
as it signifies our jurisdiction to the West Philippine Sea. According to Marine biologist Dr. Kent
Carpenter, China alone accounts for the destruction in the disputed waters in terms of reclamation
of seas and destructive fishing activities. The Philippine government must recognize and use it
for the welfare and protection of our fishermen and the resources in the area as many Filipino
fishermen in the west side portion of the country obtain their products from the disputed area.
The assertion of the tribunal ruling will be beneficial not only for the Filipino fishermen but
also to all the citizens of the Republic of the Philippines as the West Philippine Sea has rich and
natural resources that we can utilize for boosting our country’s economy. It is also a strategic area
for our military that they can control for protecting our sovereignty and the natural resources found
in the area.
Conclusion
The Philippine government must assert the tribunal ruling as it is the rights of our
countrymen to be the only people to utilize the resources of the area and be protected in their
sovereignty. The tribunal ruling should be the basis for all the sovereignty rights of the Philippines
in the disputed territorial waters as China take part in the proceeding of the Permanent Court of
Arbitration, recognizing its power and jurisdiction over the issue.
