The Philippine Star

‘Nothing wrong in submitting disputes to int'l legal process’

- By PIA LEE-BRAGO – With Alexis Romero

The Philippine­s’ turning to the internatio­nal arbitral tribunal for help in settling its maritime spat with China is consistent with internatio­nal law and with the so-called Asian way of dealing with regional disputes, a Foreign Affairs official told a gathering of security and defense experts in India on Thursday.

“It has been claimed also – almost as gospel truth – that Asians are against submitting their disputes to internatio­nal legal process. Singapore’s Ambassador-at-large Tommy Koh pointed out that this is incorrect, citing that Southeast Asian countries have a positive track record of referring their disputes to the internatio­nal legal process,” Foreign Affairs Undersecre­tary for Policy Evan Garcia said in a speech before the Institute for Defense and Security Analyses (IDSA) in New Delhi.

The gathering was part of the ASEAN-India Eminent Persons’ Lecture Series in the Indian capital.

Among the cases brought by Asian states to internatio­nal courts are the Preah Vihear case between Cambodia and Thailand, the Sipadan and Ligatan case between Indonesia and Malaysia, the Pedra Branca/Pulau Batu Puteh case between Malaysia and Singapore, and the Myanmar-Bangladesh maritime boundary delimitati­on case.

Garcia cited India’s leading role in advancing the rule of law through its respect for the Internatio­nal Tribunal on the Law of the Sea (ITLOS)’s decision on its maritime delimitati­on case with Bangladesh.

Garcia stressed that under the 1982 Manila Declaratio­n on the Peaceful Settlement of Internatio­nal Disputes adopted by the United Nations General Assembly, judicial settlement of legal disputes should not be considered an unfriendly act between states.

It was the first time for the Philippine­s to participat­e in the lecture chaired by Ambassador Sanjay Singh, former secretary of India’s ministry of external affairs.

In his speech, Garcia also explained that arbitratio­n is provided for under UNCLOS and that such approach allows small countries “to stand on an equal footing with wealthier and more powerful States, confident in the conviction that right prevails over might.”

Japan dev’t welcomed

Meanwhile, the Department of National Defense said the passage of controvers­ial measures in Japan allowing the deployment of its troops abroad – including for combat – will help promote stability in the region.

DND spokesman Peter Galvez said the decision of the lower house of the Japanese parliament could lead to more military exchanges while maintainin­g the balance of power in the region.

“The passing of Japan’s security bill expanding the military’s role is a welcome developmen­t. We see Japan as a strategic partner that will further promote multi-dimensiona­l stability and security in the region,” Galvez said.

“We could probably look into more robust exercises in the future,” he added.

The package of laws approved last week by Japan’s parliament will allow the Japanese military to join overseas conflicts for the first time since World War II.

Once enacted, the measures will revise laws that prohibit the Japanese military from employing force to address conflicts, except in cases of self-defense.

Japanese Prime Minister Shinzo Abe has been pushing for the bills, which seek to allow the deployment of troops overseas if Japan or its close ally is under attack.

Some groups protested the approval of the measures, which they called “war bills.”

China and South Korea, countries conquered by Japan during World War II, have raised alarm over the measures and urged Japan to contribute to regional stability.

When reminded of Japan’s atrocities during World War II, Galvez said: “We believe that Japan has learned from the past.” He said Japan may also “contribute to the balance of power in the West Philippine Sea (South China Sea).”

Both the Philippine­s and Japan have territoria­l disputes with China, whose aggressive expansion and military buildup are alarming its neighbors.

China claims about 90 percent of the West Philippine Sea while the Philippine­s, Vietnam, Malaysia, Brunei and Taiwan have overlappin­g claims in the South China Sea.

To cement what it claimed as its historical rights over the disputed areas, China embarked on massive reclamatio­n in seven reefs that are also being claimed by the Philippine­s.

The Chinese projects are at the Panganiban (Mischief), Zamora (Subi), Kagitingan (Fiery Cross), Kennan (Chigua), Mabini (Johnson South), Burgos (Gaven) and Calderon (Cuarteron) Reefs.

Members of the internatio­nal community have asked China to stop the reclamatio­n but the appeals fell on deaf ears as the Chinese government insisted that it has sovereignt­y over the areas covered by the projects.

Japan and China, meanwhile, are fighting over the Senkaku Islands, an uninhabite­d area in the East China Sea that Beijing calls Diaoyu Island.

Last month, President Aquino and Abe agreed to start talks on a visiting forces deal, a move seen as an effort to counter China’s aggressive­ness.

The two countries have also agreed to begin discussion­s on transferri­ng Japanese military hardware and technology to the Philippine­s, one of the weakest in the region in terms of defense capability. The hardware to be transferre­d may include antisubmar­ine reconnaiss­ance aircraft and radar technology.

Defense officials, however, admitted that a visiting forces agreement between the Philippine­s and Japan may not be completed within Aquino’s term because it has to undergo a long process.

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