THE PHILIPPINES should file another arbitration case against China after years of failed attempts to resolve the South China Sea dispute through exchanges, a former Supreme Court magistrate said.
During a forum at UST, former Supreme Court Associate Justice Francis Jardeleza called for another legal proceeding a decade after the 2016 arbitral award clarified the Philippines’ maritime entitlements under the United Nations Convention on the Law of the Sea (UNCLOS).
The first arbitration challenged China’s claims and actions in the South China Sea, including its assertion of historic rights within the so-called nine-dash line. The tribunal eventually found no legal basis for China to claim historic rights to resources beyond the maritime entitlements allowed under UNCLOS.
“I believe we must file a second case,” Jardeleza said on Friday, Sept. 25, citing “17 years of failed exchange of views” between the Philippines and China.
Jardeleza, who was solicitor general when the Philippines initiated its first arbitration in 2013, served as the country’s agent and led its legal team during the early stages of the proceedings.
In laying out preparations for a second case, Jardeleza said the government would first have to determine whether the dispute should be brought to arbitration or conciliation and identify the legal issues that the Philippines would raise.
Among the matters he raised was the “regime of islands,” or the legal status of islands and other maritime features that could affect the maritime zones they are entitled to under UNCLOS.
He identified four counts of UNCLOS violations committed by China against the Philippines. Among these acts are China’s large-scale construction of artificial islands within the Philippine exclusive economic zone, the obstruction of Filipino fishermen in Scarborough or Panatag Shoal and the violation of maritime safety due to polluting the waters.
Jardeleza likewise called for the creation of a pre-litigation consultative team involving the country’s legal and foreign affairs sectors before another proceeding is initiated. The former magistrate’s presentation likewise pointed out the role of the President as the country’s chief architect of foreign policy and the need to sustain discussions on the South China Sea beyond the present administration.
Jardeleza said the 2028 elections is an opportunity to place the country’s maritime policy in public debate and underscored the role of the youth in discussions on how the Philippines should approach the dispute.
For Supreme Court Associate Justice Jhosep Lopez, the 2016 ruling showed how legal principles could provide clearer grounds for addressing disagreements in the South China Sea.
“What has the award given us after a decade? For the Philippines, it has given legal clarity on our entitlements under UNCLOS,” Lopez said in his opening remarks.
Lopez said such clarity should continue to shape the country’s position on the maritime dispute, particularly in its diplomatic engagements.
“The same principles should guide our position on the South China Sea. Legal clarity gives diplomacy a firmer foundation,” he said.
“We should know the answers well and know how to use them responsibly.”
UST Graduate School of Law Dean Jacqueline Lopez-Kaw stressed the need to widen public understanding of the South China Sea. She noted that many Filipinos remain unfamiliar with the issues surrounding the dispute.
Kaw said discussions on the ruling should reach more stakeholders and take into account the different concerns of communities affected by maritime issues.
The forum entitled “Mobilizing Filipino Voices on the 10th Anniversary of the South China Sea Arbitral Ruling,” was hosted by the UST Graduate School of Law, Faculty of Civil Law and the UST Research and Endowment Foundation, Inc. at the Buenaventura Garcia Paredes, O.P. Grand Ballroom.
Also in attendance was Jessica Simon, the U.S. counselor for public affairs in the Philippines. F
