Due process

A FAVORABLE decision is expected soon from the Permanent Court of Arbitration in The Hague to strengthen the Philippines’ maritime case against China over its expansive claim in the disputed water of the South China Sea. The international court is expected to rule over the decades-long conflict soon.
Citing peaceful resolution on the jurisdiction over the disputed waters, the Philippines has pleaded its case to the International Tribunal on the Law of the Sea (ITLOS). It is now awaiting results of the preliminary hearings over the Philippine claim. The ITLOS is an intergovernmental organization 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 (UNCLOS), signed at Montego Bay, Jamaica, on Dec. 10, 1982.
China and the Philippines have competing claims to some parts of the South China Sea. China claims the largest swathe of the strategic water, which is believed to have significant oil and gas deposits. It has continuously rejected other nations’ claim (including Vietnam, Taiwan, Malaysia and Brunei) on the South China Sea.
China has also been busy militarizing the strategic water in the last two years through the creation of new outposts by piling sand atop reefs and atolls, and then adding buildings, ports and airstrips big enough to handle bombers and fighter jets.
Despite continuous calls from the international community to halt the construction, China remained adamant over its assertion to the South West Philippine (South China) Sea. It maintained that its military activities are consistent with its position that the construction of artificial islands was designed to provide public service to the region by helping ships and fishermen and disaster relief efforts.
In a Note Verbale, China rejected the  Notification and Statement of Claim made by the Philippines and refused to acknowledge the jurisdiction of the Arbitral Tribunal over the case. It has insisted on resolving the dispute through bilateral negotiations.
Ironically, China is a signatory of the UN charter, which is governed by the rules and principles of general international law. Under the UNCLOS, all parties have agreed to “due regard for the sovereignty of all States, a legal order for the seas and oceans which will facilitate international communication, and will promote the peaceful uses of the seas and oceans, the equitable and efficient utilization of their resources, the conservation of their living resources, and the study, protection and preservation of the marine environment.”
While the international community is waiting for the landmark ruling, the US called on both parties and other claimants of the South China Sea to exercise restraint to avoid further confrontations.
After years of tension-filled relations and regardless of an incoming court order, the Philippines and China must learn to settle their differences, and let diplomacy prevail. Diplomacy is an old art. But today’s challenges give an opening to effective means of resolving crises. It can never happen over night, but through a pragmatic approach, the adverse effects of international conflict can be reduced. When a conflict is defused, peace and progress will ensue. (AJPress)