THE WORLD: South China Seas, ITLOS explains the logic of its judgement for invalidating Chinese claims, Part 2

07/24/2016 | 7:02 0 Posted in Local Issues, The World

The tribunal proved that it really was an authority with a clear vision and understanding of the maritime features and terminology and it was evident that they had painstakingly studied all the finer points with a rational mind which obviated any mistakes in judgement or any allegations of being partial in their opinions; they did accept the contention of the Philippine side on some matters while rejecting some.

Notable among the rejections are the contentions of the Philippines regarding McKennan Reef and Gaven Reef which the Philippines claimed to be submerged features; the tribunal asserted that these two reefs were high tide features and not submerged features.

On the other hand, the tribunal accepted the Philippine contention on the descriptions of:

Cuarteron Reef , Fiery Cross Reef, and Johnson Reef as high tide features, and
Hughes Reef and Subi Reef as features that are submerged at high tide.

What is vital and of prime importance to the Philippines side is the declaration by the tribunal that the following are not islands as claimed by the Chinese in their disputes that are ongoing:

Thitu,
Itu,
Northeast Cay,
Southwest cay, and
Aba

Thus, the status of these cluster of these features, which are jointly called Spratlys has been set to rest once and forever declaring them as not islands; consequently, in the question of the territorial rights of these features, it is now clear that they cannot be provided with surrounding waters of 200 nautical Miles as their territorial waters but can only be considering a 12 Nautical Miles’ radius as their territorial right.

The above cluster of features are not entitled to claim any continental shelves or Exclusive Economic Zones (EEZ).

Thus, the much anticipated ruling has arrived at last but, it has come with some amazing pronouncements and clarifications; the implications are tremendous and it will be interesting to watch the implementation, if any of this arbitration report that may have far reaching effects on the regional power balance and future relations among the littoral states in the South China Sea and the surroundings.

Reactions

As this favorable result was a foregone conclusion even while it was under scrutiny by the International Arbitration Tribunal; therefore, the newly elected President of the Philippines, Rodrigo Duterte had, in view of the China Philippines relations, made it clear to all his cabinet colleagues that there should be no “flaunting” of the victory by any officials of the Philippines.

The compliance to these instructions was observed in the low-key statement that was issued by Perfecto Yasay Jr. the Foreign Affairs Secretary who also repeated the need for restraint and control after the ruling. There is no reason to celebrate unless the matter was finally laid to rest after due participation of China who has so far been vehement in having nothing to do with the proceeding of the ITLOS.

It is quite clear that the government of the Philippines does not want to exacerbate the situation in the South China Sea which remains quite tense already; but, the challenge of the implementation or enforcement of the ruling is quite another matter.

In the protests and demonstrations that were a normal result of the assumption of victory by the jubilant masses who came out to celebrate was almost like a knee-jerk reaction that was anticipated by the government and the government does not want to further antagonize the Chinese who are already incensed due to the reversal in the arbitral tribunal judgement.

As news came in about the judgement, President Duterte quickly called a meeting of the cabinet committee on security to take stock of the situation and issue instructions to all concerned regarding maintaining the law and order situation in the country while maintaining a vigil in the surrounding areas to prevent any untoward incident involving the Chinese particularly.

The Duterte government is one-minded in its resolve to mend all fences internal and external; that is the reason that all round efforts are underway, both overtly and covertly, to prevent any misunderstandings from causing a conflagration with any agency internal or external.

That they want cordial , maybe even friendly ties with china has been abundantly clear to all while all the warring factions that have pending issues like the communists, the Abu Sayyaf rebels and the Moro Liberation activists are being separately being engaged in fruitful dialogues with a sincere intent at ushering in peace in the nation and around.

The President of the Philippines has in the interest of confidence buil;ding with the Chinese leadership made a beginning by keeping open a channel of communication with the Chinese President Xi Jinping who, in clear reciprocations of a peaceful intent offered his congratulations twice to Duterte on his election.

President Jinping also expressed the Chinese intent to maintain relations of peace with the Philippines.

It remains to be seen whether the Chinese will heed the ruling or continue with its blatant disregard in flexing its military muscles in the South China Seas.