PH should bare teeth in enforcing WPS arbitral ruling – expert
Published Jul 12, 2023 06:26 am
The Philippine government should take the necessary steps to make sure that the 2016 Permanent Court of Arbitration’s (PCA) tribunal ruling on the South China Sea should be enforced.
*(File photo)
* This was emphasized by lawyer Jay Batongbacal, a maritime law expert and director of the University of the Philippines (UP) Institute for Maritime Affairs and Law of the Sea, on the celebration of the anniversary of the 2016 Hague ruling on Wednesday, July 12. “Ang enforcement ng arbitral award ay nakasalalay sa atin dahil tayo ang nanalo. Tayo ang dapat mag-implement nitong award (The enforcement of the arbitral award depends on us because we won it. We should implement the award),” Batongbacal said in a public briefing. He said among the steps that the government should make are the affirmation of the Philippines’ rights over the West Philippine Sea (WPS), patrols in the area, criticize the illegal activities being done by China, and enact laws on the limits of the maritime zones in the WPS. “’Yan po ay mga hakbang na enforcement actually dahil pinapakita natin na ini-implement natin siya (These are steps on the enforcement actually as it shows that we are implementing it [award]),” Batongbacal said. The PCA published on July 12, 2016 its decision on the arbitration case that was filed by the Philippines against China. According to the decision, there are no lawful effects on China’s historic rights claims over the maritime areas inside their so-called “nine-dash line” in the SCS and, therefore, it has no legal basis to claim historic rights to resources within the areas, including those inside the 200-nautical mile exclusive economic zone (EEZ) of the Philippines or the WPS. But seven years since, China continues to ignore the ruling as it tightens its grip in the SCS. Batongbacal alleged that this is because China wants to claim the marine resources in the WPS and protect its backyard from the enemies. “Ang China ayaw niya ito kasi nga gusto niya angkinin ang lahat ng likas-yamang dagat diyan sa West Philippine Sea at saka gusto niyang parang gawing sariling security buffer ang West Philippine Sea (China does not want our government to enforce the award because it wants to claim all the marine resources in the West Philippine Sea and it wants to make the West Philippine Sea as a security buffer,),” he said. The maritime law expert added that China prioritizes its strategic and military security, and the SCS and WPS are seen as key waterways by its potential adversaries. “Kaya gusto niyang kontrolin, para tayong magiging bakod niya bale. Wala siyang pakialam kung ang mga likas-yamang dagat diyan, mga karapatan ng ibang bansa ay tatapakan na at kukunin niya basta lang ma-secure niya ‘yung sarili niya (That’s why it wants to control the area, it appears we would be a backyard for them. It does not care if the marine resources or the rights of other countries are stomped or claimed as long as it secures itself),” Batongbacal said. China, on the other hand, previously stated that the arbitral ruling and the Philippines’ victory were “illegal and invalid.”Military vows to protect WPS
Meanwhile, a ranking officer of the Armed Forces of the Philippines (AFP) said the 2016 PCA ruling gave credence and validation to the Philippines’ sovereignty, sovereign rights, and entitlements in the WPS. Vice Adm. Alberto Carlos, commander of the AFP Western Command, said the WesCom “remains a dominant force” in protecting every inch of the country’s territory and the riches in the country’s EEZ. The Palawan-based WesCom is the AFP command that serves as the frontliner in enforcing the ruling as it has military jurisdiction in the WPS. “We are heartened by the solid fact that the decision is now part of international law, is recognized by the international community and has become the basis for policies and actions in the WPS,” Carlos said. “We are one with our neighbors and allies in enforcing a rules-based order so that peace and order, freedom of navigation, trade and commerce, and the gifts of nature will continue to flourish to be enjoyed by all future generations,” he added. On the other hand, Col. Medel Aguilar, AFP spokesperson, said more military personnel and assets such as patrol ships and aircraft have been deployed to WPS to strengthen the country’s presence in the area and protect Filipino fishermen. “Nagkaroon tayo ng mas maigting na presensya para maramdaman ng ating mga kababayan na kaming mga sundalo at coast guard ay nakahandang magbigay ng proteksyon para sa kanila (We have intensified our presence to let our countrymen know that we, soldiers nd coast guards, are ready to protect them),” Aguilar stated.