Analysts say the agreement ‘commits both states to a status quo’ and urge the Philippines to hold firm on its South China Sea stance
‘It’s a win’: Philippines, China uphold South China Sea deal on resupply missions
Related:
Scarborough Shoal standoff:
Amb. Fu Ying on Huangyan Dao/Scarborough Shoal & why it’s Chinese territory
Former US Assistant Secretary of State Kurt Campbell [Zichen’s note: currently Deputy Assistant to the President and Coordinator for Indo-Pacific Affairs on the National Security Council and recently nominated for Deputy Secretary of State, Department of State] wrote in his book The Pivot: -The Future of American Statecraft in Asia that, “In 2012…the Philippines’ ten-week standoff with China ultimately resulted in its loss of the Scarborough Shoal, which is claimed by both countries. After protests and attempts by China to put serious but unofficial pressure on Philippine agricultural exports, the Philippine government brought its dispute with China to the International Tribunal for the Law of the Sea (ITLOS).”[1]
For now, though, strategic issues remain the core of the relationship and will occupy the most attention. The Philippines views China’s territorial encroachments in the South China Sea as one of its most pressing concerns. In 2012, for example, the Philippines’ ten-week standoff with China ultimately resulted in its loss of the Scarborough Shoal, which is claimed by both countries. After protests and attempts by China to put serious but unofficial pressure on Filipino agricultural exports, the Philippine government brought its dispute with China to the International Tribunal for the Law of the Sea (ITLOS). The United States remains neutral on the underlying sovereignty dispute but supports the Philippines’ use of international law to adjudicate its maritime claims. The case will be decided in mid-2016 and its ultimate resolution holds tremendous import for the legitimacy of UNCLOS.
Author Campbell, Kurt. The Pivot: The Future of American Statecraft in Asia. 1st ed., Hachette Book Group, 2016
South China Sea Arbitration:
What’s Really Going On In the South China Sea Between the Philippines and China
While 60 Minutes did state that “in 2016, an international tribunal at The Hague ruled the Philippines has exclusive economic rights in a 200-mile zone that includes Sabina Shoal” and that “China does not recognize the ruling”, their statements were misleading. The South China Sea Arbitration did not rule on sovereignty, and China does not recognize it because the Arbitral Tribunal lacked jurisdiction. “The Arbitral Tribunal violated the principle of state consent, exercised its jurisdiction ultra vires and rendered an award in disregard of the law. This is a grave violation of UNCLOS and general international law, Wang said.” The United Nations Convention on the Law of the Sea (UNCLOS) is an international treaty that establishes a legal framework for all marine and maritime activities. The Permanent Court of Arbitration (PCA) is not an agency of the United Nations. The PCA rents space in the same building as the UN’s International Court of Justice. A Congressional Research Service report, dated August 2023, stated that the U.S. has not declared its position regarding sovereignty over any of the geographical elements that comprise the South China Sea.
Quoted: Julio Amador (Jay L Batongbacal)
Ms. Cat’s Chronicles 