The Philippines might lose at the United Nations if it seeks the world body’s assistance to enforce the arbitral award on the South China Sea dispute, according to a Palace official.
Presidential spokesman Harry Roque admitted that the country's chances to secure support from the UN Security Council or its "Uniting for Peace" resolution are slim given China's huge influence in the international organization.
Even though the arbitral ruling in favor of the Philippines is part of international law, Roque said the UN member-nations are likely to vote for "political and economic reasons.”
"Under Chapter 7 of the UN charter, gagamitin po iyong economic o iyong dahas, military force, pero kinakailangan po iyan ng boto ng lahat ng permanent members of the Security Council (Under Chapter 7 of the UN Charter, they can use economic or military force but it would require the vote of all permanent members of the Security Council). I don’t think China will agree," he said during a televised press briefing.
"(Under the) Uniting for Peace resolution na it’s a general assembly, pero malabo po iyan dahil alam naman natin na napakalaki rin ng impluwensiya ng Tsina (Under the Uniting for Peace resolution, it's a general assembly but the chances are dim because we know China has a very big influence)," he said.
Roque was referring to UN's Uniting for Peace resolution that allows the General Assembly to act on matters to preserve international peace and security if the Security Council reaches a stalemate due to a veto by a permanent member.
"Kung dadaanin po natin iyan sa botohan sa UN General Assembly, political organ po ang General Assembly hindi gaya ng ICJ (International Court of Justice), hindi gaya ng UN Tribunal for the Law of the Sea. Pupuwedeng matalo po diyan because countries will vote for political and economic reasons. (If we seek a vote at the UN General Assembly, the General Assembly is a political organ, unlike the ICJ and the UN Tribunal for the Law of the Sea. We may lose because countries will vote for political and economic reasons)," he said.
President Duterte, in his UN general assembly debut last Wednesday, raised the country's legal victory against China in the South China Sea dispute. He said the arbitral award is now part of international law, vowing to reject attempts to undermine it.
In 2016, the Hague-based tribunal ruled on the South China Sea dispute in favor of the Philippines, delivering a blow to China's claims over the territory. The Permanent Court of Arbitration said China's claim of historic rights over the area has no basis in law. The tribunal however reportedly has no enforcement mechanism or powers.
China has already ignored the country's legal victory in the disputed territory.
Asked if the government is open to proposing a resolution before the UN to call on China to respect the arbitral award, Roque said: "Anything is possible but there has not been any step to that effect ordered by the Palace yet."