MANILA: The Philippines yesterday called on Malaysia, Vietnam and other claimants to join its legal challenge to China’s massive territorial claim in the South China Sea.
In a bold step, Filipino officials took their territorial disputes with China to international arbitration in January last year after Chinese government ships took control of Panatag (Scarborough) Shoal off Zambales.
They asked the international tribunal to declare China’s claim to about 80 percent of the strategic waters and Beijing’s seizure of eight South China Sea and West Philippine Sea shoals and reefs illegal. China has ignored the legal challenge but the tribunal has proceeded and asked the Philippines to submit its “memorial” or legal arguments and evidence by March 30.
Solicitor General Francis Jardeleza said Malaysia, Vietnam and two other governments could either take part in the Philippine case or file their own complaints against China. Smaller countries, he said, can only have a chance to peacefully defend their territories against the Asian superpower in a legal arena. “Where can the weak go?” Jardeleza asked in a forum on the territorial disputes.
“We are here to prove that from the point of view of the rule of law, all of the actions and all of the claims of China are ... invalid.”
China, Brunei, Malaysia, the Philippines, Taiwan and Vietnam have overlapping claims across the busy South China Sea.
Foreign Affairs Secretary Albert del Rosario said yesterday the Philippines “is working with full resolve” to submit the memorial or written argument on its case to the International Tribunal for the Law of the Sea (ITLOS) on or before March 30.
“Our fishermen have all the rights to fish in that area in Bajo de Masinloc. Bajo de Masinloc is an integral part of the Philippine territory and we are entitled to the resources there and Bajo de Masinloc is also where we exercise sovereignty, sovereign rights and jurisdiction over that area,” DFA spokesman Raul Hernandez said. Bajo de Masinloc is the local name of Panatag Shoal.
“When we decided to bring the nine-dash line to arbitral tribunal it was based on our assessment of our national interest. Other countries will also have to make a decision on this based on the assessment of their national interest and we will respect their decision on this,” Hernandez said.
The disputes have periodically erupted into dangerous confrontations, sparking tensions and straining ties.
Law professor Raul Pangalangan told the forum that the Philippines wanted China to explain the limits and basis of its vast claims.
China, Jardeleza said, could still change its mind and join the arbitration, which would take at least two years to conclude.
China has asked the other claimants to settle the disputes through one-on-one negotiations, something that would give it advantage because of its sheer size and clout. It has also warned Washington not to get involved.
The Philippines may include recent aggressive Chinese acts in its complaint, including what it said was the firing of water cannon by a Chinese coast guard ship to drive away Filipino fishermen from Panatag Shoal on January 27, Jardeleza said.
China has controlled the shoal since Philippine vessels backed off from a tense standoff there in 2012. Chinese coast guard and surveillance ships have guarded the territory and chased away Filipino fishermen if they ventured close to the shoal.
The Philippine Star
