THE PHILIPPINES should cite a strong legal basis and come up with a unified narrative on the West Philippine Sea to counter the claim submitted by China recently to the United Nations (UN), experts said.
Last November, China issued a note verbale, a form of diplomatic communication, to the UN explaining its straight baselines around Scarborough shoal, a traditional fish pond off Zambales that is within the Philippines’ exclusive economic zone (EEZ). The shoal, known to the Philippines as Panatag and Bajo de Masinloc, has been under China’s control since 2012.
Former Supreme Court associate justice Antonio Carpio said there is no “coherent, unified” historical basis backing China’s assertions that would affect any arbitration involving its claim.
“For any narrative in a territorial dispute, your legal basis must be strong because if your legal basis is not strong, you cannot proceed to other areas… You must have a legal basis,” Carpio said in a lecture on Feb. 14.
Manila must respond with its own note verbale stating its own historical narrative on its territorial sovereignty, the former high court magistrate added.
“Now that they opened up the issue of territorial sovereignty, we file it with the UN, we file our note verbale. They will be forced to reply. If not, then that will be the record. We will tell them [UN] when China refuses to respond,” he said.
Carpio recommended that the Philippines begin its response with the 1734 Murillo Velarde map and use the 1900 Washington Treaty to clarify that the islands in Sibutu, Cagayan and a large portion of the Spratly islands are part of its territory.
De La Salle University (DLSU) Professor Renato de Castro said Filipinos must not be divided over their narratives to gain an advantage over Chinese propaganda on the South China Sea. According to de Castro, China has focused on cognitive warfare in different countries through disinformation, citing its claim on the Philippines’ territorial waters.
“Ideas really matter a lot, especially because it targets the most vulnerable aspect of a human being, [and] that’s the human mind,” de Castro said.
In 2016, an arbitral court in Hague ruled that China’s expansive maritime claim under the so-called nine-dash line has no legal basis. China did not participate in the hearings and has refused to recognize the landmark ruling.
Strengthen dispute settlement mechanisms
In the same forum, Asst. Prof. Tyrone Jann Nepomuceno of UST Senior High School said the Association of Southeast Asian Nations (ASEAN) favored “unity, harmony and cohesion” over states’ territorial claims despite being called to mediate regional disputes. Nepomuceno added that China’s “charm offensive,” including the economic benefits it is offering, has reduced the region’s will to counter its territorial expansion.
For Nepomuceno, economic benefits must be accompanied by accountability for offenses, citing the incident where a Filipino soldier lost a finger after an encounter with Chinese sailors in the West Philippine Sea.
Political Science Instructor Marlon Villarin said the different relations of ASEAN member states with China complicate the response to maritime security threats. He said students must take note of how nations would foster a legal and diplomatic conflict resolution framework to ensure stability in the region.
“Our quest to fight our, in fighting our national sovereignty, in the West Philippine Sea is not just the responsibility of the government. It’s everybody’s business, it’s everybody’s concerns, and we should all be included in this fight,” Villarin added.
The seminar titled “Paglawig Tungo sa Kalayaan: A Lecture on The West Philippine Sea” was organized by the UST History Society and was held at the St. Martin de Porres building. F – Joss Gabriel Oliveros
