On Tuesday, an international tribunal in The Netherlands issued a ruling on the Philippines’ case against the People’s Republic of China. The decision was a resounding success considering that the major points raised by our country were resolved in its favor, such as: 1) The nine-dash line map being used by the PRC to bully its smaller neighbors was declared invalid and incompatible with the United Nations Convention on the Laws of the Sea, considered as the Constitution for the oceans of our planet, a treaty ratified by 167 States, including China and the Philippines, 2) PRC’s accession to the Unclos means it accepted the limited zones of maritime entitlements in the convention, hence, PRC cannot assert its theory of historic rights to living and non-living resources in the West Philippine Sea, 3.) Most important for our fishermen, The PRC’s law enforcement activities in the area were declared illegal, 4.) China’s land reclamation and island creation activities were declared illegal and 5.) Geographic features do not generate maritime zone entitlements that support PRC’s claims into 89 percent of the West Philippine Sea.
The decision is now being considered a landmark case that will be studied extensively by future international scholars and policy makers. In the near future, this will most likely dictate the terms of engagement in this highly disputed region. It is no secret that the aggressor in this area is a Goliath in terms of military prowess, but in this age of interrelated trade and economic connections regulated by Treaties and Conventions like the Unclos, no single country can risk becoming an international pariah. Hence, having the weight of an Unclos ruling for the Philippines is a definite advantage in any future state-to-state negotiations.
We take this opportunity to laud the past administration for this feather on our country’s cap. In our quest for national unity after the recently held national elections, it is wise to give credit where credit is due. The present dispensation should consider tapping the expertise of past administration officials who contributed to the presentation of our case such as Solicitor General Florin Hilbay and Foreign Affairs Secretary Albert del Rosario. Supreme Court Associate Justice Francis Jardeleza, who was then SolGen when the pleadings for the case were being prepared, and Supreme Court Senior Associate Justice Antonio Carpio should also be commended. These four are veritable intellectual giants whose experience in the handling of this case should be further tapped when international negotiations involving the results of this decision come up in the future.
http://thestandard.com.ph/opinion/columns/over-sight-by-danilo-suarez/210670/a-landmark-victory.html