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News Commentary

Nine years on: Why the arbitral ruling must be defended

Linar-Mae Orbista - Philstar.com
Nine years on: Why the arbitral ruling must be defended
Members of the progressive group Akbayan Partylist handed out Philippine flaglets to motorists and passersby along Elliptical Road in Quezon City on Friday, urging the observance of July 12 as “West Philippine Sea Victory Day.”
The STAR/Miguel de Guzman

Today marks the ninth anniversary of the landmark arbitral award that decisively invalidated China’s baseless nine-dash line claim in the South China Sea.

In doing so, the Philippines did more than win a legal case. It affirmed its identity as a nation that upholds international law and peacefully asserts its rights.

We showed the world that in a rules-based order, law prevails over coercion. We proved that might does not make right—and that maritime disputes must be resolved through peaceful, legal means.

As the late Foreign Affairs Secretary and Stratbase Institute Chairman Albert del Rosario, who led this historic initiative, once said, the arbitral award “is now an integral part of international law.” It set a precedent not just for the Philippines but for all maritime nations facing similar challenges.

This was reaffirmed by current Foreign Affairs Secretary Maria Theresa Lazaro in her first major keynote on maritime affairs.

Speaking at a forum hosted by the Stratbase Institute, Secretary Lazaro called the Award “an unassailable part of the corpus of international law.” Its legal weight continues to shape global jurisprudence, as seen in its citation by the International Tribunal for the Law of the Sea in last year’s advisory opinion on climate change.

Secretary Lazaro emphasized that the rules-based order is the linchpin of peace and security not only in the West Philippine Sea but across the Indo-Pacific. The arbitral award is not just about asserting our rights—it is about defending a global order that ensures peace among nations. 

As Stratbase Institute President Professor Dindo Manhit aptly put it, “the defense of the maritime domain is inseparable from the defense of a stable, just, and rules-based international order.”

This position is not unique to the Philippines. A growing number of countries—including Australia, Canada, the European Union and its 27 members, India, Japan, South Korea, New Zealand, the United States, the United Kingdom, and Vietnam—have stood with us in affirming the primacy of UNCLOS and the arbitral award.

Beyond legal significance, the Award carries deep meaning for our national identity. The sea is in our blood. With over 7,600 islands, the Philippines isn’t merely surrounded by water—it’s shaped by it. Our geography has molded our culture, economy, and history. The ocean is not just strategic—it is the lifeblood of coastal communities and a symbol of who we are.

But that identity is under siege. In recent years, Chinese aggression in the West Philippine Sea has disrupted the lives of Filipino fisherfolk. Communities that once thrived on the sea now face intimidation, smaller catches, and greater danger. Still, they persist—not out of defiance, but because the sea is home. 

As filmmaker Baby Ruth Villarama, director of Food Delivery: Fresh from the West Philippine Sea, put it: “The sea is not only a geopolitical issue. It is not a headline. It is home.” A home worth defending.

This is why the award must be upheld. Its enforcement is not just a legal duty— it is about ensuring that our national identity as a maritime nation endures.

We must never reach the point where our fisherfolk are forced to abandon their nets and boats just to avoid danger in waters that have always been their home.

Under the Marcos Jr. administration, the Philippines has made a decisive pivot—from focusing almost solely on internal threats to recognizing the importance of external security. At the core of this shift is a renewed embrace of our maritime identity.

As President Ferdinand Marcos Jr. pointed out, maritime identity is “an intrinsic and undeniable part of the national Filipino character.”

This is reflected in the adoption of the Comprehensive Archipelagic Defense Concept (CADC), which affirms the country’s commitment to defending its maritime domain by enhancing the capabilities of the Armed Forces and the Philippine Coast Guard.

The goal: to secure our waters, uphold our Exclusive Economic Zone, and protect coastal communities. Complementing this are the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act, along with deepening security ties with countries that share our commitment to the rule of law.

These measures enjoy strong public support. A recent Pulse Asia survey (June 26–30, 2025) found that a clear majority of Filipinos want the government to continue asserting our rights in the West Philippine Sea in accordance with international law, including UNCLOS and the arbitral award.

Respondents also identified modernization of the military and coast guard and stronger alliances as top priorities in protecting our maritime interests.

This growing civic consensus casts a sharper light on the costly inaction of the past administration—when the arbitral award was downplayed and even shelved.

While the world looked to the Philippines for leadership, Instead of asserting out victory and the rule of law, the  policy of acquiescence facilitated China’s incursions into our waters. The award—earned through courage and principle—was treated like a diplomatic nuisance.

Some powerful political figures still refuse to speak plainly about China’s aggression. Even in the face of harassment, destruction of reefs, and clear violations of international law, their calculated silence evades the unraveling of their treasonous allegiance.

Their appeasement did not buy peace—it bought time for our adversary to entrench its position and enabled the very escalation of confrontations we now confront. 

As we mark this ninth anniversary, we must ensure that the arbitral award remains more than a historical artifact. It must live on as a declaration of identity and intent: that the Philippines is a maritime nation with rights, dignity, and the resolve to defend both.

The arbitral award is not just part of international law—it is part of who we are. And that makes it worth defending. 

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Linar-Mae Orbista is a program and research manager for defense and security at the think tank Stratbase Institute.

SOUTH CHINA SEA

WEST PHILIPPINE SEA

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