THE Philippines may have scored a moral and legal victory after the United Nations (UN)tribunal in The Hague ruled that China has no historical basis in claiming the resources-rich West Philippine Sea, but the debate continues even among Filipinos in America who are heavily invested on this fight: Should the Philippines negotiate with China?
What complicates this issue is the fact that China does not even accept the decision of the UN arbitral tribunal and vows to do everything within its power to make sure their interests in the disputed area [West Philippines Sea} in the South China Sea are protected.
President Rodrigo Duterte remains cautious in his official statements, although he was quoted in his usual amusing quips that he will jetski to the West Philippine Sea to fight for what is rightfully belongs to the Philippines.
The Duterte administration has repeatedly stated, though, that it continues to consult experts to resolve the conflict of interest in the disputed areas, cognizant of the fact that the UN tribunal ruling is not enforceable against China.
Many kababayans in the Philippines and even here in the United States deem this position of the Duterte administration as bowing to China, despite the UN decision. They contend that the approach should be a move toward “#CHEXIT”, or to expel or make China leave the contested areas the UN tribunal said rightfully belong to the Philippines, including all its natural resources.
They do argue that there is no point in negotiating with China, which insists on only bilateral talks with the Philippines, without regard to the rule of law and the United Nations Convention on the Law of the Sea (UNCLOS).
The Duterte administration remains open to negotiations with China, having the best interest of the Philippines’ peace, order, and security in mind.
Some Fil-Am community leaders are supportive of this, so long as it is within the bounds of the provisions of the Constitution and what constitute as part of the sovereign land/territory of the Philippines. As US Pinoys for Good Governance Chairman Loida Nicolas Lewis said on “Balitang America,” “Para sa akin…We negotiate according to our constitution. We keep 60 percent, you [China] get 40 percent. If they don’t want to accept that, then they are a rogue state. Because it is very clear from the tribunal we have 100 percent ownership, but that doesn’t mean we cannot share 40 percent.”
But according to ABS-CBN News, Supreme Court Senior Associate Justice Antonio Carpio warned that the Constitution prohibits the Duterte administration from inking a joint development with another state like China.
In an interview with ABS-CBN News Channel (ANC)’s “Headstart,” Carpio said the Constitution mandates the Philippine government to protect its exclusive economic zone (EEZ), including the ones awarded by the Permanent Court of Arbitration’s (PCA) ruling.
Carpio explained that the 381,000 sq.km. of marine space in the West Philippine Sea was granted by the court to Manila, and “there are no overlapping EEZ from China.”
“The Constitution says that the state shall protect its marine wealth in the EEZ and reserve its use exclusively—use and enjoyment—to Filipino citizens,” he said.
Justice Carpio, however, clarified that the Constitution allows for foreign companies to be contracted by the Philippine government to drill, and will be paid for the service. In this case, the Philippines may get in contract with China to develop the area, and may give China payment as a fee to contractors, but not as co-owner of the West Philippine Sea.
THE QUESTION IS: Will China even consider this premise considering the fact it even does not accept the UN decision that the West Philippine Sea belongs to the Philippines and that China has no historical right to the disputed area?
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Gel Santos Relos is the anchor of TFC’s “Balitang America.” Views and opinions expressed by the author in this column are are solely those of the author and not of Asian Journal and ABS-CBN-TFC. For comments, go to www.TheFil-AmPerspective.com, https://www.facebook.com/Gel.Santos.Relos
