WHEN tensions arise and compromise stifle dialogue and cooperation, you bring it to court—through diplomatic means. When uncontrolled escalations and biased communication make countries in contention unable to design an agreeable solution, a third party needs to get involved and international law prevails.
This pragmatic approach is the intervention the Philippines is banking on for its decades-long conflict with China over competing claims to parts of the South China Sea. Proven to have significant oil and gas deposits, China claims the largest swathe of the strategic waters and has been increasingly assertive in pressing its ownership over the disputed areas against its smaller neighbors such as the Philippines, Brunei, Malaysia, Taiwan and Vietnam.
In the past months, China has been busy undertaking island building in the disputed region, which has also alarmed other international governments. The massive land reclamation works in the Spratlys, located between the Vietnam and the Philippines, turned reefs into islands that can host airstrips and other military facilities.
From July 7 to 13, the United Nations-backed International Tribunal on the Law of the Sea (ITLOS) in the Hague, Netherlands will be hearing the Philippines case and consider jurisdiction over the matter. China refused to participate in the arbitration but insists on resolving differences through bilateral consultations and negotiations.
The intergovernmental organization was created through the directive of the Third United Nations Conference on the Law of the Sea and established by the United Nations Convention on the Law of the Sea, signed at Montego Bay, Jamaica, on Dec. 10, 1982. As governed by international law, ITLOS has the power to settle disputes between UN states parties.
If the five-member tribunal decides that it has jurisdiction over the case, the Philippines will be asked at a future date to present its oral arguments on the merits of the case.
While this issue calls for a swift conclusion, it must undergo such tedious process to reach a peaceful resolution. This is the essence of international law, which was built by principles based on universally accepted values and moral standards.
“We believe this can be done through finding just and peaceful solution to our territorial disputes and maritime concerns by upholding the rule of law, towards creating a secure and stable environment that serves as the bedrock of our collective progress,” Pres. Benigno Aquino III said in June. Aquino has vowed to exhaust all efforts to “defend our rights to the best of our abilities.”
Aquino also recognized that the Philippines can never match China’s military means. He reminded China to not engage a perceived weaker opponent and “take that into consideration, especially if they want to maintain a positive image with the rest of the world.”
“When they keep bullying such a tiny nation compared to them, how will that help them when they’re trying to create goodwill, which is crucial to their desire to grow their trade and commerce,” Aquino argued.
In international conflicts, multilateralism should be the detente before affected parties turn into belligerent forces. All parties involved in the sea dispute are encouraged to join the friendly settlement because international law ensures the general peace and obviates the recourse to force. (AJPress)