Phl confident of ‘legal victory’ in maritime row

MANILA, Philippines - The government is confident of a “legal victory” in its defense before the international courts of the country’s sovereignty over areas in the West Philippine Sea being claimed by China, particularly Panatag Shoal.

“On the merits of our claim, we feel that we have a strong legal claim,” Solicitor General Francis Jardeleza said in a forum at the University of the Philippines College of Law.

The Philippines is preparing to submit a “memorial” or written argument to the International Tribunal for the Law of the Sea (ITLOS) to press its claim over Panatag Shoal, which has been under virtual occupation by China since 2012.

The new ITLOS case stemmed from an incident last Jan. 27 where the Chinese coast guard reportedly fired a water cannon at Filipino fishermen at Panatag Shoal.

Jardeleza said the government would never deviate from the rule of law even if China refuses to abide by a United Nations decision favorable to Manila.

“So what do we do if we win and China does not abide by the decision? The answer of the Philippine government has always been: we go over the rules of law. If we have rights under the rule of law, we invoke the rule of law,” he stressed.

“Hopefully, the decision will be in our favor. If China does not obey, then the position of the Philippine government will be: that will be a loss for China. China will have to face the rough or the displeasure of the international legal community,” Jardeleza said.

Jardeleza stressed the ruling of the ITLOS should be binding to both parties, they being members of the UN.

“The UNCLOS (UN Convention on the Law of the Sea) is a constitution among nations. Just like the Philippine Constitution, all countries, which ratified UNCLOS, are bound by it,” he pointed out.

He said the government is determined to assert the country’s sovereignty over areas in the West Philippine Sea being claimed by China. He said they hope to submit a  “memorial” to ITLOS by March 30.

“If China doesn’t participate, arbitration will continue,” he explained. “After having filed our memorial, we will see from there how it goes. The tribunal, they may order an ocular inspection and arguments and we really don’t know what else China will do.”

Jardeleza said the case has moved despite China’s refusal to participate. When China refused to name its arbitrator, it was ITLOS president Judge Shunji Yanai who moved to constitute members of the panel.

International law expert and UP law professor Harry Roque Jr., for his part, also expressed support for government’s case against China.

He said the incident last Jan. 27 where Chinese coast guards reportedly drove away Filipino fishermen from Panatag Shoal using a water cannon could be of value in the arbitration case.

“The use of water cannons against our fishermen will bolster our claim that the issue here is interpretation of UNCLOS. The issue is who is entitled to fish outside of the 12 nautical miles territorial water of Scarborough,” he said in the same forum. Scarborough is another name for Panatag Shoal.

Rule of law

At the UN, Secretary-General Ban Ki-moon called on nations to strictly adhere to the rule of law in solving territorial disputes.

“At the international level, adherence to the rule of law is critical for conflict prevention and the peaceful resolution of disputes,” Ban told the UN Security Council last Feb. 19.

In the same event, Philippine Permanent Representative to the UN Libran Cabactulan called the rule of law “a vital object and instrument of policy that can lead to lasting peace and stability.”

“The rule of law by itself does not ipso facto bring peace and stability. It is adherence to the rule of law that brings those ideals and principles to life and makes positive changes real,” Cabactulan said.

He said “the fundamental importance of the rule of law cannot be questioned,” especially now that  “the landscapes and waterscapes that give rise to tension, instability or conflict have become increasingly complex and complicated.”

“In the pursuit of enduring international peace and security, all stakeholders – especially governments – should match their pronouncements on the rule of law with action,” he said. “When we adhere to the rule of law, we make sure that we prevent conflicts, resolve disputes and maintain peace and security. Not through sheer raw power but through the moral weight of pacific processes.”

He said that by adhering to the rule of law, the country is maximizing its use of the entire international legal infrastructure for settling disputes including the ITLOS, the International Court of Justice, and the Permanent Court of Arbitration.

“The international legal system provides ample and extensive adjudicative mechanisms,” he added.

He said Ban’s message was “a clear message to the world that the biggest investment the organization can make is in preventing conflicts from arising and in resolving disputes.”

“There continues to be much work to be done in conflict and post-conflict-affected areas through peacekeeping missions,” he said.

“As a troop and police contributing country, the Philippines is doing its part. But we should never tire from reaffirming the importance of conflict prevention and dispute resolution,” Cabactulan said.

He added the Philippines has been demonstrating its commitment and adherence to the rule of law through its participation in peacekeeping missions.

“At home, we are resolute in the pursuit of just and lasting peace in Mindanao with our peace talks anchored on the rule of law and in the framework of the Philippine Constitution,” he said.

He said the Philippines had also undertaken many efforts to peacefully engage China and settle disputes.

“In the international context, we have demonstrated that commitment as well and we will continue with our efforts to amplify the message that for the resolution of disputes, nations must be aware not only of their rights under international law, but more so their duties and responsibilities,” he said.

‘White on white’

Defense Secretary Voltaire Gazmin, for his part, said a “white on white” response to China’s continued harassment of Filipino fishermen may be needed to assert the country’s rights without inflaming the situation.

“In case (the) CCG (Chinese Coast Guard) vessel will persist (in using) water cannon, our response should be calibrated, where we will have the Philippine Coast Guard so as to maintain ‘white on white’ response and not to heighten the tension,” the defense chief said, referring to the internationally accepted color of coast guard ships.

The coast guard is a civilian entity. Naval vessels, which belong to the military, are colored gray.

But he said the Jan. 27 incident “is best answered by first filing a diplomatic protest” and tapping international arbitration.

On Monday, Armed Forces chief Gen. Emmanuel Bautista revealed that a Chinese Coast Guard ship sprayed a water cannon on Filipino fishermen to drive them away from Panatag Shoal. – With Alexis Romero and Pia Lee-Brago