THE United Nations (UN) Arbitral Tribunal decided the territorial dispute over the South China Sea/West Philippine Sea between the Republic of the Philippines and the Peoples Republic of China. The Tribunal dismissed China’s claim of historic rights over resources within the sea areas falling within the “nine-dash line” and declared that certain areas are within the exclusive economic zone of the Philippines, using the United Nations Convention on the Law of the Sea (Unclos) as basis.
It can be recalled that the dispute dragged on for more than twenty years. There were attempts to resolve it in bilateral, regional, and multilateral talks, until it was submitted to the UN for arbitration in 2013.
The Confederation of Lawyers of Asia and the Pacific (Colap) entreats the parties to the dispute to respect the decision of the Tribunal for the sake of the preservation of regional peace, stability, and security. We also note that both countries have a history of strong diplomatic relations with each other for over four decades and sincerely hope that such ties will even become stronger despite the Tribunal’s decision.
Colap reiterates its previous call on all States to have a recourse in good faith to mechanisms of the United Nations and/or talks among concerned parties in resolving territorial disputes. It also reiterates its admonition for States locked in such disputes to respect and deal with one another as sovereign equals and give due regard to the right of self-determination of the opposing party. Colap once more seizes this opportunity to recall that the Charter of the United Nations provides that “(a)ll Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered” and that “parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice.”
As a final note, Colap recognizes that all peoples of the world are interdependent and interwoven, and that a harm committed against one is a harm committed against everyone. Any unrest in any part of the world is an unrest everywhere. States must therefore resolve disputes through peaceful means elaborated in international norms for the sake of harmonious co-existence of all peoples. -Jitendra Sharma (India), president, Confederation of Lawyers of Asia and the Pacific, Jalisa, 20-4-906, Araki-cho, Shinjuku-ku, Tokyo, Japan 1600007, E-mail: colap2016@gmail.com; jsharmalaw@gmail.comKeep off US, China
THE Filipino youth are jubilant on the ruling of the Permanent Court of Arbitration (PCA) in favor of the Philippines’ case against China’s bogus nine-dash claim over 90 percent of the West Philippine Sea.
The PCA has held China responsible for blatantly violating the Philippines’ sovereign right over its exclusive economic zone and extended continental shelf as provided by the UN Convention on the Law of the Sea (Unclos).
This effectively censures China’s unjust blockade of Filipino fishermen, prevention of Philippine economic activities and petroleum exploration, destruction of marine biodiversity and the environment, endangering navigation, and the building of artificial islands in Philippine waters.
China’s counterfeit claim of historic rights and exclusive control over the West PH Sea falling within the “nine-dash line” is once again proven to be without legal basis and in contravention with the exclusive economic zones provided for in the Unclos.
We therefore call on China to respect the decision of the international court invalidating its arrogant claims over most of the West PH Sea, stop using its military might to bully its neighbors, immediately leave Philippine waters, and come to positive terms with the Philippines and other Asean countries.
It is imperative for China to stop its bullheaded violation of international law if it is not to lose face amidst global indignation and brewing socio-economic crisis within its own borders due to growing inequality and injustices in the wake of its restoration of capitalism.
We likewise call on the Duterte administration to break away from the previous Aquino regime’s brazen puppetry to US imperialism. Aquino and his gang should stop taking credit for the PH international victory. They merely posed as anti-China patriots to sell out sovereignty to US.
We further warn against US machinations that are not aimed at defending the Philippines but are rather meant to further stir up tensions in order to justify meddling and boost its domination over the Asia-Pacific.
We are ever ready to assert Philippine sovereignty not only against Chinese aggression but also the continuing US military buildup in the region in the guise of protecting us against China. -Vencer Crisostomo, chairperson, Anakbayan