The case of supporting the Philippines during the PCA arbitration

Japan’s goal is to assist the Philippines to improve its surveillance capabilities in the light of increasing Chinese maritime activities.

In July 2016, the Permanent Court of Arbitration (PCA) in The Hague announced its long-awaited ruling on the protracted maritime dispute between the Philippines and China. The PCA ruled in favor of the Philippines in 14 of its 15 claims against China’s expansive claims in the South China Sea. The court declared that China’s claims — defined by the ninedash line — violate international law. The tribunal concluded that whatever historic rights China had to the resources in the waters of the South China Sea were extinguished when it ratified the United Nations’ Convention on the Law of the Seas (UNCLOS).

It also noted that, although Chinese navigators and fishermen, as well as those of other states, had traditionally used the land features in the South China Sea, there was no historical evidence that China had exercised exclusive control over the waters or their resources. The tribunal asserted that historical navigation and fishing by Chinese navigators involved the exercise of high seas freedom, rather than a historic right. The PCA ruling was a major victory for the Philippines.

JAPAN’S PROACTIVE APPROACH TO MARITIME SECURITY

The Philippines’ filing against China could be traced to the three-month long standoff between a lone Philippine Coast Guard (PCG) vessel and Chinese civilian ships off Scarborough Shoal in 2012. In mid-June 2012, after the Philippines withdrew its lone vessel, China took control over Scarborough. Chinese Maritime Surveillance (CMS) personnel constructed a chain barrier across the mouth of the shoal to block Philippine access to it. China also deployed these vessels to protect Chinese fishing boats operating deep into the Philippines’ EEZ.

In January 2013, the Philippines directly confronted the Chinese approach during the Scarborough Shoal impasse by filing a statement of claim against China in the PCA at The Hague. As expected, China did not participate in the proceedings, citing its policy of resolving disputes on territorial and maritime rights only through direct consultation and negotiation with the countries involved.

Japan, however, sent representatives to the hearing. Throughout the two-year proceedings of the Philippines’ claim on China on the South China Sea dispute, Japan consistently communicated its unequivocal backing to the Philippines’ approach on the basis of international law. On May 23, 2013, no less than Prime Minister Abe conveyed his country’s support to the Philippines’ decision. Tokyo’s public encouragement to Manila in its claims against Beijing brought to light Japan’s determination to prevent any unilateral action that may change the status quo in the