Taking the Next Step on the Code of Conduct
Facing continued antagonism from Beijing, the country should adopt a strategy akin to Japan’s so-called multilayered security cooperation.
Just over a year ago, the Permanent Court of Arbitration in The Hague ruled that China’s vaunted “nine-dash line” and subsequent historic claims over much of South China Sea had no basis in international law, in particular the United Nations Convention on the Law of the Sea (UNCLOS). The decisive legal victory for the Philippines, the first state to challenge Beijing in such a public forum, marked an important milestone in a protracted territorial dispute.
HIGHLIGHT THE LAW AS THE BASIS OF OUR DIPLOMACY
As our country takes its next steps in protecting its interests in the West Philippine Sea, we should resume our leadership in fortifying international law. As this year’s chair of ASEAN, we have an opportunity to steer the discussions on the Code of Conduct. In our view, the Code of Conduct must reaffirm the Arbitral Tribunal’s Award to the Philippines as a guide for all our countries’ behavior in the South China Sea. In this context, bears emphasis that The Hague ruling affirmed that maritime entitlements should be governed by UNCLOS and that any alleged right not anchored on UNCLOS should be denied. The conclusion of a legally binding Code of Conduct along these lines must be a priority.
Moreover, the Philippines should continue to actively present its case as a legal precedent for ASEAN claimant- states to further clarify their respective maritime entitlements and boundaries as well as align their respective domestic policies with UNCLOS provisions. Ultimately, the award should not be seen as mere beneficial to the interest of the Philippines, but to all claimants in the South China Sea with common interests in freedom of navigation for trade and other legitimate activities.
At the end of the day, we believe that all the claimants should work toward resolving their disputes peacefully and amicably by making full use of the legal processes available to them, in accordance with the milestones that the region has reached, such as in the 2002 Declaration on the Conduct