Daily Tribune“Since the 2016 ruling was final and legally binding on China and the Philippines, what remained was its implementation since the court did not have an enforcing arm but left it to the parties involved to implement the decision.
Exposing to the world China’s hostility has proven to be the most effective measure, thus far, to enforce the landmark Permanent Court of Arbitration (PCA) ruling that was handed down eight years ago yesterday. The tribunal had determined that China’s expansive claims in the South China Sea were inconsistent with international law.
Likewise, the PCA rejected territorial or maritime claims to areas it determined to be part of the Philippines’ exclusive economic zone and continental shelf.
Since the 2016 ruling was final and legally binding on China and the Philippines, what remained was its implementation since the court did not have an enforcing arm but left it to the parties involved to implement the decision.
For years, the decision was effectively shelved as a result of the previous administration’s policy of forging closer relations with Beijing through its so-called independent foreign policy that included distancing the country from the United States.
Only after President Ferdinand Marcos Jr. assumed office were efforts stepped up to make the milestone PCA decision stick.
However, Philippine military forces, acting on the ruling, were subjected to water cannon blasts, laser beams, dangerous blocking maneuvers, including ramming, forcible towing, and boarding which resulted in damage to vessels and injuries to Filipino troops in the contested waters.
The gallantry of the members of the Armed Forces of the Philippines, through the years, was shown in their exercise of utmost restraint amid the Chinese aggression and lies.
The only tools the Filipino servicemen used in their defense were cameras and the journalists they invited along to document the sea incidents.
It became plain to the world that Beijing’s actions reflected its blatant disregard for international law, as well as the safety and livelihood of Filipinos.
Several nations were witness to the maritime clashes in which Beijing was clearly the aggressor and they are now calling for compliance with the 2016 arbitral ruling and the ceasing of “dangerous and destabilizing conduct.”
Maritime scholars credited the Philippines for raising the cost of China’s non-compliance through the sustained reputational damage to Beijing.
This so-called transparency strategy was able to convince the world of the sad plight of Filipino fishermen who have lost their livelihood as a result of the continued Chinese intrusion.
Maintaining pressure through discourse by constantly invoking the ruling and having China repeatedly dismiss it have highlighted the hypocrisy of Beijing’s self-portrayal as a benevolent, responsible actor in the international scene.
The next step would be for the firming up of a Code of Conduct (CoC) in the disputed seas with or without China. The document must incorporate the 2016 PCA ruling.
Beijing had issued impossible demands such as including its debunked historical claim over practically the entire South China Sea and the involvement of exclusive countries in the region, primarily the claimants in the arbitration process, as provisions in the CoC.
President Marcos indicated recently that he may push for a CoC among the 10 members of the Association of Southeast Asian Nations since waiting for China has proven futile.
The CoC would contain rules that would bind all signatories. China frequently invokes the Declaration on the Conduct of Parties in the South China Sea (DoC) in its defense against the Philippines’ demand to implement the 2016 ruling.
The DoC, however, is a non-binding agreement akin to the gentleman’s deal that Beijing has flouted, in contrast to the enforceable PCA ruling.
Sticking to the rule of law with regard to the heated sea conflict guarantees that the country is on the correct path in protecting its rights and entitlements in the disputed maritime area.
