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Views mixed on PHL handling of Hague ruling

Posted on July 12, 2017

MALACAÑANG ON Tuesday, July 11, affirmed China and the Philippines continue to be “in dialogue,” a year after an international arbitral ruling on their maritime dispute over the South China Sea.

But a participant at the arbitral proceedings before the Permanent Court of Arbitration (PCA) in The Hague, The Netherlands, when sought for comment also on Tuesday, warned the Philippines has “quietly accommodated China’s expansion” in the disputed waters and now risks “weakening its own hand.”

A year ago today, Wednesday, the PCA ruled on an arbitral case brought by the Philippines in 2013 and in the country’s favor, thus rejecting China’s controversial historical claims based on a nine-dash line dating to the founding of the People’s Republic in 1949 and covering much of the South China Sea.

The ruling said in part that “China had violated the Philippines’ sovereign rights with respect to its exclusive economic zone and continental shelf,” and that the Asian power had “constructed installations and artificial islands at Mischief Reef without the authorization of the Philippines.”

Beijing, in response, vehemently rejected the landmark ruling, which, on the other hand, elicited a muted response in Manila. Three months later, President Rodrigo R. Duterte embarked on a state visit to China that at once reversed its strained relations with the Philippines on the watch of his predecessor, Benigno S.C. Aquino III, whose administration brought the arbitral case.

Both countries have since enjoyed warmer ties, alongside Chinese pledges in the Philippine economy that critics of Mr. Duterte’s administration believe are detrimental to Philippine sovereignty in the long term.

“A year after the ruling of the PCA at the Hague, the Philippines and China are now in dialogue,” presidential spokesperson Ernesto C. Abella said on Tuesday.

He added, “(The) Philippines and China have reviewed their experience on the West Philippine Sea issue, exchange views on current issues of concern to either side, and they have agreed to discuss that they will further discuss mutually acceptable approaches.”

But Jay L. Batongbacal, a consultant in the arbitral proceedings, said when sought for comment that the Philippines “has quietly accommodated China’s expansion into the WPS in exchange for promises of billions of dollars in infrastructure loans, development assistance, and official friendly relations.”

Mr. Batongbacal, director of the University of the Philippines-Institute for Maritime Affairs and Law of the Sea, warned further that the country “is isolating itself from other claimants and from its traditional allies and friends insofar as the WPS is concerned, thus weakening its own hand in dealing with China on the maritime disputes.”

But the Philippines “can still reverse its over-accommodation and push back on key items such as habitat destruction, overfishing, dangerous maneuvering, and threats of use of force. It still can raise the ruling in order to secure better concessions and commitments from China re the disputes,” Mr. Batongbacal added.

Also sought for comment, De La Salle University political science professor Richard J. Heydarian said: “It is very clear that the priority first is to have a soft landing. We’re looking at the soft landing, for revising our economic investment and diplomatic relationship -- reviving bilateral dialogue with China and securing China investment, particularly in infrastructure.”

“The challenge forward is to make sure our sensible soft landing strategy doesn’t end up being interpreted as acquiescence by China in the West Philippine Sea,” Mr. Heydarian added.

He also said Mr. Duterte “really deserves commendation. If you look at the overall balance sheet, we have made multiple concessions and gestures of goodwill on the West Philippine Sea issue, but we are yet to see a single meaningful concession by China in return.”

At a forum on this matter also on Tuesday, analyst and former Education Undersecretary Antonio Valdes said when sought for comment: “I think the moment we start improving our economic relations with China, it will be easier to see a way of dealing with that particular issue. From an issue of confrontation, now you will see an issue of cooperation.”

For his part, former Intelligence Chief Victor N. Corpus said at the same Pandesal Forum, “This legal victory with regards to this ruling is a double edged sword. Because it can do us good, but it can also lead to war. And it must be handled with extreme care.” -- with Kristine Joy V. Patag, Ian Nicolas P. Cigaral, and Mario M. Banzon

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