MANILA, Philippines – A year after a muted celebration from the then-new Marcos administration, the Philippines’ Department of Foreign (DFA) on Wednesday, July 12, launched a microsite documenting and commemorating the country’s historic arbitral award against China’s encroaching claims in the South China Sea. 

In a statement, Foreign Affairs Secretary Enrique Manalo said the site serves as a “central resource” for information on the award and its “contributions to the rule of law and peaceful settlement of disputes through UNCLOS and international law.” UNCLOS is the 1982 United Nations Convention on the Law of the Sea.

“Anniversaries are markers reminding us of the trajectory we have taken as a nation and as a people. In the decision to file a case for arbitration, the Philippines opted to take the path of principle, the rule of law and the peaceful settlement of disputes. The Tribunal’s decision affirmed the correctness of that course of action,” said Manalo in a separate statement.

The site’s title, “Not One Inch,” is a reference to President Ferdinand Marcos Jr’s State of the Nation Address in 2022, during which he promised to “not preside over any process that will abandon even one square inch of territory of the Republic of the Philippines to any foreign power.” 

Marcos has taken a path markedly different from his predecessor, Rodrigo Duterte, who tried to bring Manila closer to Beijing, as the Asian superpower grew more and more aggressive in the South China Sea, including in areas well within the Philippines’ exclusive economic zone (EEZ).

The Philippines, under the presidency of the late Benigno Aquino III, pursued arbitral proceedings against China before the Permanent Court of Arbitration (PCA) in the Hague, Netherlands in 2013. 

The award, which was handed down three years later, quashed most of China’s claims over the South China Sea, including the controversial nine-dash line and its activities in Philippine waters. Under the Duterte administration, however, the ruling was met with silence, recalled Stratbase Albert del Rosario Institute President Dindo Manhit, in a town hall in Manila on the historic ruling. 

China did not participate in the arbitration and does not recognize the award, calling it illegal and invalid. 

DFA Maritime and Ocean Affairs Office (MOAO) chief Assistant Secretary Maria Angela Ponce, in a release, said the site is “an attempt to clear some of the fog.” “I feel it is an important start to gaining a better understanding of the complex issues faced by the Philippines in the South China Sea and the West Philippine Sea,” she said. 

‘Not one inch’

The Marcos administration was notably muted, too, during the sixth anniversary of the ruling – only Manalo issued a statement. Both Marcos and Manalo then had been in office for only under two weeks. 

According to the DFA website, the award “authoritatively ruled that the claim of historic rights to resources within the sea areas falling within the ‘nine-dash line’ had no basis in law and is without legal effect.” 

The award also “upheld the Philippines’ sovereign rights and jurisdiction in its exclusive economic zone,” and that “certain actions within the Philippines’ EEZ violated the Philippines’ sovereign rights and were thus unlawful,” according to the FAQs of the microsite. 

The site is a treasure trove of information. It contains transcripts from the hearing, the Philippines’ submissions, as well as releases from the DFA dating back to the late secretary Albert del Rosario’s initial announcement of the case in 2013. 

China still refuses to recognize the ruling, and its aggressive actions in the West Philippine Sea continue, despite a promise between Marcos and Chinese President Xi Jinping of a “golden age” in Sino-Philippine ties.

On June 30, Chinese militia vessels harassed and attempted to block Philippine Coast Guard vessels escorting a Navy resupply mission to the BRP Sierra Madre, a World War II-era ship that serves as the Philippines’ outpost in Ayungin Shoal. 

The Philippine Navy has also reported the “swarming” of over 48 Chinese vessels in the vicinity of the Iroquois Reef and Sabina Shoal in the West Philippine Sea. 

Rule of law 

So, what does Manila do when China refuses to recognize the arbitral ruling? Outside of statements, negotiations, and discussions by its leaders and diplomats, it turns to its allies around the world. 

Key here is the US, the Philippines’ oldest treaty ally. Washington has repeatedly promised to come to Manila’s defense in the event of an attack in the West Philippine Sea. The Philippines’ long-awaited “return” to the US’s side was secured during Marcos’ official visit to Washington, DC in May 2023. 

“We continue to urge Beijing to comport its maritime claims with international law as reflected in the 1982 Law of the Sea Convention; cease its routine harassment of claimant state vessels lawfully operating in their respective exclusive economic zones; halt its disruption to states’ sovereign rights to explore, exploit, conserve, and manage natural resources; and end its interference with the freedoms of navigation and overflight of states lawfully operating in the region,” said the US State Department in a statement on the anniversary of the ruling. 

Fellow “middle powers,” both in the region and beyond, are also crucial. The Philippines has close security and diplomatic ties with countries like Japan, Australia, and South Korea.

“We welcome the growing number of partners that have expressed support for the Award. We are honored that the Award stands as a beacon whose guiding light serves all nations. It is a settled landmark and a definitive contribution to the progressive development of international law. It is ours as much as it is the world’s,” said Manalo.

Japanese Foreign Minister Hayashi Yoshimasa, in a statement on the anniversary of the ruling, said Japan “renewed its objections to maritime claims in the South China Sea that are inconsistent with UNCLOS and remains seriously concerned about the current situation.”

Australian Ambassador Hae Kyong Yu said during the ADR Stratbase Institute town hall that Canberra and Manila’s ties would be “formally elevated… to a strategic partnership” in 2023. She noted that maritime ties between her country  and the Philippines is a “central pillar of our longstanding and wide-ranging relationship.”

For fishermen who traditionally fish in waters where China has asserted its claim, implementing the ruling should go beyond diplomacy and forums since they badly need access to the resource-rich waters. – Rappler.com 

Philippines marks 40th anniversary of UNCLOS, the ‘constitution of the oceans’