Philippine victory in the WPS

Last July 12, exactly a month after Philippine Independence Day, the nation celebrated the 7th anniversary of the victory against China in the maritime dispute over the West Philippine Sea. This case initiated by the administration of president Benigno S. Aquino III invalidated China’s claim of its “historic rights” over the South China Sea. This “nine-dash line” overlapped with the Philippines’ 200-nautical mile exclusive economic zone (EEZ).

I thought that it would be useful to readers to have a brief review of this case. In 2012, there was a standoff at the Scarborough Shoal, which was one of the major factors that prompted the Philippines to file a case against China. Chinese surveillance ships had prevented Philippine authorities from apprehending Chinese vessels found poaching endangered Philippine marine species at the Shoal.

The PNoy administration issued a statement on Jan. 22, 2013 when it first initiated arbitration proceedings:  “The Philippines has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of its maritime dispute with China. On numerous occasions, dating back to 1995, the Philippines has been exchanging views with China to peacefully settle these disputes. To this day, a solution is still elusive. We hope that the arbitral proceedings shall bring this dispute to a durable solution.”

China’s “nine-dash line” claim does not conform to the United Nations Convention on the Law of the Sea (UNCLOS), an international treaty signed and ratified by both China and the Philippines. This is regarded as the Constitution of the seas.

This dispute was referred to the Permanent Court of Arbitration (PCA), which is an intergovernmental organization established in 1899 that designates arbitral tribunals to resolve disputes between and among nations. It is based in The Hague, Netherlands. The PCA assigned five arbitrators to the case.

The UNCLOS is an international treaty that defines the limits of a nation’s maritime sovereignty claims. Under its provisions, areas within 200 nautical miles from a country’s baselines would be part of its EEZ.

One of the Philippines’ major assertions is that the so-called “historic rights claim” violated Article 57 of the UNCLOS containing the provision of the 200 nautical miles EEZ. China’s so-called “nine-dash line” claim has no basis under international law. Therefore, China has violated the UNCLOS by interfering with the Philippines’ exercise of its sovereign rights and jurisdiction.

Furthermore, destructive fishing practices done by China brought about permanent damage on coral reefs and marine life, including some areas within the Philippines’ EEZ.

The late foreign affairs secretary Albert del Rosario issued a statement on July 7, 2015: “China has pursued its activities in these disputed maritime areas with overwhelming force. The Philippines can only counter by invoking international law.”

On July 12, 2016, the PCA ruled in favor of the Philippine claim.

Former senator Joey Lina later described the victory as follows on June 29, 2021: “The Award determined that PROC violated the UNCLOS and the sovereign rights of the Philippines by building several large artificial islands with huge infrastructure like airports and seaports, massive fishing, bullying of Filipino fishermen, destruction of the environment and conducting maritime surveys, among others.”

The Philippine fight against the illegal occupation by China started as a lone David versus Goliath struggle. Since then, this has gained international support from democratic nations. One of the most significant joint statements of support came from EU countries, namely Belgium, Czechia, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Netherlands, Poland, Austria, Romania, Slovakia, Finland and Sweden. Following is their complete statement:

“12 July marks the 7th anniversary of the Award issued by the Tribunal constituted under Annex VII to the UNCLOS in the arbitration instituted by the Republic of the Philippines against the People’s Republic of China concerning the South China Sea.

“The EU recalls that the dispute settlement mechanisms provided under UNCLOS contribute to the maintenance and furthering of the international order based upon the rule of law and are essential to settle disputes.

“The award of the Arbitral Tribunal is a significant milestone which is legally binding upon the parties to those proceedings and a useful basis for peacefully resolving disputes between the parties.”

The United States was among several countries that reaffirmed its support for the Philippine maritime claim. It also urged Beijing to “stop harassing vessels lawfully operating in their respective EEZs… and its interference with the freedom of navigation and overflight of states lawfully operating in the region.”

Senator Risa Hontiveros has introduced a Senate resolution declaring July 12 as the National West Philippine Sea Victory Day to commemorate the 2016 victory.

Detained former senator Leila de Lima also issued the following statement:

“Our 2012 landmark Arbitral victory is a priceless national treasure toiled by the PNoy administration’s sheer tenacity and rock solid determination.

“Let it not be squandered by any form and manner of cravenness vis a vis China.

“Huwag gayahin yung Duterte administration sa kataksilan nito sa bayan hinggil sa usapan na ito.

“All self-respecting democratic nations are with us on this. Right is might!”

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