PH arbitral win vs. China a ‘win-win solution for all’: Duterte

By Ruth Abbey Gita-Carlos

September 22, 2021, 10:46 am

<p>President Rodrigo Duterte at the 76th UN General Assembly<em> (Screengrab from RTVM)</em></p>

President Rodrigo Duterte at the 76th UN General Assembly (Screengrab from RTVM)

MANILA – President Rodrigo Duterte on Wednesday stressed the importance of the Philippines’ historic arbitral victory against China’s sweeping maritime claims in the South China Sea (SCS).

During the 76th session of the United Nations General Assembly (UNGA), Duterte said the Permanent Court of Arbitration’s (PCA) 2016 ruling on the SCS disputes, as well as the United Nations Convention on the Law of the Sea (UNCLOS), provides a “clear path towards a just, fair, and win-win solution for all.”

“The award must be seen for what it is – a benefit across the board to all who subscribe to the majesty of law,” he said in his keynote speech.

Duterte made the remarks as he emphasized the Philippines’ commitment to keeping the SCS “a sea of peace, security, and prosperity.”

He said no country can undermine the sea ruling that favors the Philippines.

“No amount of willful disregard by any country, however big and powerful, can diminish the arbitral award’s importance,” the President added.

On July 12, 2016, the PCA in The Hague, Netherlands ruled in favor of the Philippines after it invalidated China’s supposedly historic rights over nearly the entire SCS. China has repeatedly ignored the 2016 PCA ruling.

The Philippines, on the other hand, has sought to resolve the sea disputes through peaceful and diplomatic negotiations, as it intends to keep its mended ties with Beijing.

Duterte, in his latest speech, reiterated his stance to avoid provocative acts that could only trigger hostilities among the sea claimants.

“We must resolve disputes peacefully, as we manifested in the Manila Declaration on the Peaceful Settlement of International Disputes,” he said.

Duterte was referring to the Manila Declaration on the Peaceful Settlement of International Disputes approved by the UNGA in 1982, which provides for the obligation of all states to settle their international disputes by peaceful means.

Apart from the Philippines and China, the other SCS claimants are Brunei, Malaysia, Taiwan, and Vietnam.

Negotiations between the Association of Southeast Asian Nations (Asean) and China are still underway for the crafting of a final and binding Code of Conduct in the SCS, which aims to promote peace and stability in the highly-contested waters.

The Asean and China, nevertheless, remain committed to the full implementation of the non-binding Declaration on the Code (DOC) of Parties in the SCS inked on Nov. 4, 2002.

The DOC aims to exercise self-restraint and promote non-militarization within the SCS. (PNA)