Businessmirror July 14, 2018

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Saturday, July 14, 2018 Vol. 13 No. 273

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SECOND ANNIVERSARY OF THE HAGUE RULING

What happens in the West PHL Sea concerns the world. Here’s why.

I

By Cai U. Ordinario

T’S been two years since the Philippines received a favorable ruling from the Permanent Court of Arbitration (PCA) in The Hague, but there is rising criticism about the country’s seeming failure to leverage this when it comes to the issues on the West Philippine Sea (WPS).

FIGHTER jets are seen on the deck of the US aircraft carrier USS Ronald Reagan (CVN 76) as it anchors off Manila Bay for a goodwill visit on June 26, 2018. The US military has deployed the aircraft carrier to patrol the South China Sea “to deter conflict and coercion” in a disputed region where Washington has moved against China’s military buildup on manmade islands. AP/BULLIT MARQUEZ

IN this March 30, 2014, file photo, the dilapidated Philippine Navy ship LT 57 Sierra Madre is in the shallow waters of Second Thomas Shoal in the South China Sea. AP/BULLIT MARQUEZ

At a forum marking the second anniversary of the ruling that many other nations disputing China’s nine-dash-line claims over the South China Sea have also hailed, a number of experts expressed dismay over the Duterte administration’s soft stance on the WPS. One concern was that the Philippines’s failure to use the PCA ruling to enjoin China from further expanding in the West Philippine Sea—how Manila calls the area it claims in the vast South China Sea—could embolden Beijing to use aggression in pushing deeper

not only to build on the WPS, but also to explore possibilities in the Western Pacific and Indian Ocean region “as if to underscore [that] nothing succeeds like aggression.” “Make no mistake. What has happened in the South China Sea carries far greater long-term implications for the world, not just for this region, but for the world,” Chellaney said. However, Chellaney said the Philippines’s current strategy in the WPS is “counterproductive” in that it cannot prevent China from expanding in the region, and un-

and wider in other waters in Asia. Another concern was that a tepid response to the ruling dampens efforts by concerned parties in pushing for a rules-based order in the region’s strategic waters.

Rules-based order

BRAHMA CHELLANEY of the Center for Policy Research in New Delhi said the PCA ruling that favored the Philippines is helping create a rules-based order in the Indo-Pacific region. He said that prior to the ruling, China was “emboldened”

dermines the country’s long-term strategic interests. Makoto Seta, associate professor at Yokohama City University, agreed and said the current stance of the Duterte administration is “inconsistent” with the ruling. Seta encouraged the Philippine government to push for the rule of law when it comes to the WPS. “I expect the Philippine government to emphasize the [importance of the] rule of law.” Chellaney added that this means China should also receive sanctions for its aggression in the WPS.

He said, however, China was not meted out sanctions, contrary to when Russia annexed Crimea. Chellaney said Russia was made to pay a “heavy price” in the form of Western sanctions. Reports said the United States and European Union imposed economic sanctions on Russian companies and individuals to act as deterrent to any similar move. “China has paid no international price for its aggression in the South China Sea. And it sends a very wrong message to the world,” Chellaney said.

Benefits from ruling

MEANWHILE, members of the Asia-Pacific Economic Cooperation (Apec) such as the United States, India, Australia, Japan and South Korea have already started to benefit because of the freedom of navigation that is included in the PCA ruling. In fact, economist Bienvenido Oplas Jr. told the BusinessMirror, these are the same countries now benefitting from the ruling. The freedom of navigation allows their navy fleets to ply through the WPS without being barred from entry. Continued on A2

Con-com draft on national territory could complicate bid to use ruling on WPS–expert

T

By Bernadette D. Nicolas

WO years since the historic victory of the Philippines against China in a landmark international arbitral ruling over the West Philippine Sea/South China Sea dispute, the country seems to be facing another challenge. The second anniversary of The Hague ruling comes after the public release of the proposed draft federal constitution made by the

22-member Consultative Committee (Con-com) tasked to review the 1987 Constitution in a bid to shift the country’s form of government

PESO EXCHANGE RATES n US 53.5240

PROTESTERS shout slogans while marching with a Philippine flag toward the Chinese Consulate to mark the second anniversary of the United Nations Permanent Court of Arbitration’s decision upholding the Philippines’s territorial rights in the disputed Spratlys group of islands in the South China Sea on July 12, 2018, in Manila. AP/BULLIT MARQUEZ

from unitary to federal. Parts of the Articles on the National Territory and National Economy and Patrimony do not sit well with maritime law expert Jay Batongbacal. The professor told the BusinessMirror on the sidelines of the forum on the anniversary of the South China Sea ruling that the proposed constitutional provision is “badly written” and that the provision on the National Territory in the 1987 Charter is “better” than the one proposed by Con-com. “For me, it’s [the Con-com provision] not well written and it will only attract protests and there were errors there so it’s not good,” Batongbacal said in Filipino. The proposed provision, he

said, will not strengthen the claim of the country over the disputed waters as opposed to what the Con-com earlier stated as their reason for revising the current provision on National Territory. “The purpose that they are saying is actually faulty since it’s counterproductive,” he said. “By putting it there you’re not strengthening the claim, in fact you’re even highlighting that you still don’t know or [are] still not sure [about it],” he said. He added that the domestic law does not contribute anything to international law as other countries are not bound by our domestic law. “So how can you say that by enacting a law you will be able to strengthen your claim over that Continued on A2

n JAPAN 0.4756 n UK 70.6945 n HK 6.8198 n CHINA 8.0210 n SINGAPORE 39.2693 n AUSTRALIA 39.6399 n EU 62.4839 n SAUDI ARABIA 14.2719

Source: BSP (July 13, 2018 )


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