Advertisement

South China Sea: Philippines should legislate ‘gains’ of arbitral win, group says

  • Three experts, including an official who was part of the Philippine legal team behind the arbitration, want the government to enforce the country’s claims
  • But a critic says the measure is ‘unnecessary’ and won’t help to end the impasse between Beijing and Manila five years after the international tribunal’s ruling

Reading Time:3 minutes
Why you can trust SCMP
6
Members of the Philippine Coast Guard patrol at the Whitsun Reef in the South China Sea on April 14, 2021. Photo: Philippine Coast Guard via AP
Philippine President Rodrigo Duterte should legislate the “gains” of the country’s 2016 arbitral win over its South China Sea claims to end the “impasse” between Beijing and Manila, three legal experts said, weeks ahead of the fifth anniversary of the ruling.
Ties between the countries have been strained over China’s increasingly assertive claims over the resource-rich waters, with the swarming of 200 Chinese boats in Philippine waters in February sparking heated exchanges between officials. Manila has filed daily diplomatic protests over the dispute since March, with more than 60 protests filed since Duterte took office in 2016.

Francis Jardeleza, a retired supreme court justice, said he and two others had drafted a bill, called the “Philippine Maritime Features of the West Philippine Sea Act”, that would help the government to enforce its claims over more than 100 features in the waterway.

In a letter sent to Duterte on Saturday, Jardeleza urged the president to certify “as urgent” the enactment of the proposed measure, which has prompted a mixed reaction from analysts.

Advertisement

“July 12, 2021 will mark the fifth anniversary of the July 12, 2016 award in the South China Sea Arbitration, which you affirmed in your first State of the Nation address, and reaffirmed in your September 23, 2020 policy speech before the United Nations General Assembly,” the letter said. “Unfortunately, almost five years after the Award, our country seems still divided on how best to enforce it.”

Jardeleza, who was part of the Philippine legal team behind the arbitration, said that legislation would be “the best, most efficient and practical option” to enforce the award handed to the Philippines by the Permanent Court of Arbitration.

01:05

Philippine coastguard sends strong warning to Chinese vessels during South China Sea patrol

Philippine coastguard sends strong warning to Chinese vessels during South China Sea patrol

The draft measure proposes a new baselines law to break the impasse by naming at least 128 maritime features in the South China Sea over which the Philippines “has sovereignty, sovereign rights and jurisdiction”, as well as 35 “identified offshore rock or high-tide features” around which the country would draw individual baselines.

Advertisement
Select Voice
Choose your listening speed
Get through articles 2x faster
1.25x
250 WPM
Slow
Average
Fast
1.25x