BY GEROME DALIPE IV
ILOILO City – China is not adhering to the ruling of the Permanent Court of Arbitration (PCA) in The Hague in 2016, which upheld the Philippines’ sovereign rights and jurisdiction in its exclusive economic zone (EEZ) in the West Philippine Sea (WPS) or known as the Scarborough Shoal.
In a press conference yesterday, Zhang Zhen, Consul General of the People’s Republic of China in Cebu, reiterated China’s refusal to honor what she labeled as “illegal, null and void” arbitral award.
“China has and will never uphold to it (arbitral award). China will always uphold the policy to settle disputes through peaceful consultation and that is very important,” Zhen told reporters.
Zhen is in Iloilo City as a guest for the Chinese New Year celebration.
The PCA, a non-United Nations intergovernmental organization based in The Hague, Netherlands, ruled that China’s claim of historic rights to resources within its so-called nine-dash line had no basis in law.
Various groups have been advocating asserting the Philippines’ sovereign rights in the WPS following the 2016 Hague ruling.
Among those who actively advocate enforcing the arbitral award is retired Supreme Court Associate Justice Francis Jardeleza, who is a native of Jaro, Iloilo City.
In 2021, Jardeleza wrote a letter urging former President Rodrigo Duterte to certify as urgent Republic Act (RA) 9522, or the Philippine Maritime Features of the West Philippine Sea Act, to enforce the arbitral award.
The proposed baseline law aims to specifically name and identify the maritime features in the WPS claimed or occupied by the country. Jardeleza said the proposed law will amend RA 9522, the current baseline law.
Jardeleza stressed the urgency in passing the bill he labeled “the most inexpensive and yet most effective means of enforcing the arbitral award and strengthening our territorial and maritime rights in the West Philippine Sea.”
Jardeleza was a member of the legal team from the Philippines that participated in the arbitral proceedings against China under the United Nations Convention of the Law of the Sea. Jardeleza, who retired from the Supreme Court in 2019, also served as solicitor general.
Duterte had his office review the proposal by the Office of the Executive Secretary’s legal office on the proposed amendments to RA 9522.
In the press conference, Zhen said they prefer that peace and stability should be jointly upheld by China and Asean member countries.
“China pursues peaceful development and adheres to a defense policy that is defensive in nature,” read Zhen’s statement furnished to Panay News.
“China champions a new security vision featuring mutual trust, mutual benefit, equality and coordination with its neighbors and of fostering an amicable, secure and prosperous neighborhood based on the principle of amity, sincerity, mutual benefit and inclusiveness,” the briefer read.
Likewise, Zhen urged all countries involved in the sea disputes to “calm down the dispute and handle (the disputes) properly.”
She also lamented some misinformation in media about the sea disputes between China and other countries.
“We should always remain vigilant. Some people don’t really know the facts so it is the media that has this responsibility to always seek the truth,” Zhen stressed.
“Don’t send any wrong message to the public. Don’t poison the good and friendly atmosphere that will ruin our good relationship,” she added.
The WPS straddles maritime areas on the western side of the Philippine archipelago, including the Luzon Sea as well as the Kalayaan Island Group and Bajo de Masinloc, also known as Scarborough Shoal.
The proposed law identifies at least 100 maritime features in the WPS.
Of these features, 35 are said to be rocks or high tide features that generate a territorial sea and a contiguous zone.
Likewise, the European Union and 16 other countries supported the 2016 Hague ruling which thrashed aside China’s claim in the WPS.
In a statement issued in 2023, the EU delegation in Manila and the embassies of Belgium, Czechia, Denmark, Germany, Ireland, Greece, Spain, France, Italy, Netherlands, Poland, Austria, Romania, Slovakia, Finland, and Sweden encouraged parties to see the decision as a potential basis for peaceful dispute resolution on the sea lane.
“The Award of the Arbitral Tribunal is a significant milestone, which is legally binding upon the parties to those proceedings, and a useful basis for peacefully resolving disputes between the parties,” the statement read.
China is a member country of several Hague Conventions, which establish various aspects of international law, including the laws of war, diplomatic relations, and international arbitration, among others.
The Conventions aim to establish guidelines and principles for the conduct of states and individuals in times of peace and conflict.
China’s participation in the conventions signifies its commitment to international cooperation and adherence to established legal frameworks for resolving cross-border legal issues such as the WPS./PN
