Editorial Writer | Kim V. Naparan/THE RED CHRONICLES
Layout by Luis Marco Mendoza/THE RED CHRONICLES
As early as the 1970s, Asian countries began to claim islands and zones in the South China Sea, such as the Spratly Islands. The failure of Asian leaders to resolve the issue within this region gave birth to more complex maritime disputes and undermined international laws.1 In the past decade, the South China Sea-West Philippine Sea conflict remains a growing and disturbing problem in the region that spurs issues regarding sovereignty, national security, economic potentiality, and looming diplomatic relations between the Philippines and China. War mongers even spread theories that the said dispute may trigger the hypothetical and cataclysmic global crisis, the World War III.
But what is scarier and more alarming is the fact the intensifying David and Goliath duel is just happening right before our eyes, in the age of technology, at our waters that is rightfully ours. Perhaps, this is the time when we, Filipinos put aside our differences and unite to take action to fight against the bully and uphold the law of the sea, the sea that the Creator has blest us with to utilize and to be stewardess for the present generation and the generation yet unborn.
What is yours is yours, but the WPS is ours
It takes time and talent to make friends and foes and to keep them close together. This is where China is good at. China has been in maritime disputes with other Asian countries since the nineteenth century. When China released in August 2023 an updated version of its official territorial map, it revealed an extra dash to its already disputed “nine-dash line” to “legitimize” its claim over the whole South China Sea.
The South China Sea is said to be home to rich and diverse marine life and untapped undersea natural resources. It is the largest marginal or semi-enclosed sea of the Western Pacific Ocean. It is surrounded by various Asian countries–by the Philippines in the east, China and Taiwan in the north, and Brunei, Indonesia, Malaysia, Singapore, and Vietnam in the west and south. The United States Energy Information Administration (USEIA) reported that the South China Sea “contains about 11 billion barrels of oil rated as proved or probable reserves and 190 trillion cubic feet of natural gas.” Furthermore, according to the United Nations Conference on Trade and Development (UNCTAD), “roughly 80 percent of global trade by volume and 70 percent by value is transported by sea; and out of the volume, 60 percent of maritime trade passes through Asia with the South China Sea carrying an estimated one-third of global shipping.” Without a doubt, the South China Sea plays an essential role in maritime trade for many of the world’s largest economies, which includes the United States and China. Likewise, in deep diving, the incessant conflict within the said region entails understanding key distinctions between the two terms being thrown around.
Although the terms “South China Sea” and the “West Philippine Sea” are oftentimes used interchangeably, these two words refer to different things. The West Philippine Sea (WPS) is the official name designated by the Philippines to the parts of the South China Sea that are included in the country’s exclusive economic zone (EEZ). In 1982, the United Nations Convention on the Law of the Sea (UNCLOS) defines EEZ as the area of the ocean extending up to 200 nautical miles immediately offshore from a country’s land coast, in which a sovereign state has exclusive rights regarding the exploration and exploitation of natural resources, including energy production from water and wind. The term, WPS was first used in 2011 to show the country’s strong disagreement with China’s oversweeping claims over the entire South China Sea. In the following year, President Benigno “Noynoy” Aquino III issued Administrative Order No. 29 that formally recognized the WPS to refer to the maritime areas on the western side of the Philippine archipelago. The WPS includes the Luzon Sea, waters within and adjacent to the Kalayaan Island Group (KIG), and the Scarborough Shoal of the “Bajo de Masinloc.”
However, China’s sweeping claim over the entire South China Sea has antagonized competing claimants, one of which is the Philippines, over the contested stretch of islands and rocks. This move of China, particularly gaining de facto control over Scarborough Shoal, has led to increasing tension that to this day, threatens the peace and prosperity within the region. To confront China, the Philippines brought the matter to the UNCLOS and in July 2016, the Permanent Court of Arbitration at The Hague, Netherlands ruled in favor of the Philippines. The tribunal held that, among other things, China’s “nine-dash line” claim had no legal basis and that China violated the Philippines’ sovereign rights within its EEZ. This ruling has also gained world attention and the US urged China to abide by the ruling. Nevertheless, China has other plans and declared that such a ruling was “null and void.” 2
To put it simply, while China is a signatory to the treaty, it refuses up to this day to recognize the UNCLOS ruling and authority.
PH Not Backing Down
China’s rejection of the arbitral ruling and continued military build-up and artificial island construction in the West Philippine Sea is a flagrant and complete disregard of international law and the Hague ruling. This undermines our legal victory. In other words–a big, fat slap to our face.
In recent years, satellite imagery revealed that China has steadily constructed industrial outposts, military installations, and airstrips to increase its efforts over the claim on different islands in the South China Sea. It even erected some said ports on artificial islands in disputed waters. Last year in August, the Chinese Coast Guard and maritime militia vessels fired water cannons to obstruct our Philippine Coast Guard (PCG) escort mission at the Ayungin Shoal or Second Thomas Shoal to resupply a marine detachment stationed at the intentionally grounded BRP Sierra Madre. This blatant act of China is just a repeat of similar activities since 2014 with the same goal of disrupting the resupply missions of the Philippine vessels. Worse, in a separate incident, the Chinese Coast Guard fired a military-grade laser at the PCG vessel, targeting some crew members and temporarily blinding them.
To combat China’s aggression, the Philippine government pursued multifaceted solutions, which consisted of bilateral talks with China, strengthening the Association of Southeast Asian Nations (ASEAN) alliance, upholding the ruling of the UNCLOS, leveraging the support from the US, and reaffirming its maritime cooperation with other nations like Japan and Australia. In 2023, new Bilateral Defense Guidelines ironclad the US security commitment under the US-Philippines Mutual Defense Treaty, which states that any armed third-party attacks against the Philippine Armed Forces, PCG, our aircraft, and vessels anywhere in the South China Sea shall invoke the US obligations under the said treaty. Together with the US and Japan, the country has forged a trilateral cooperation to protect the said Indo-Pacific region. Diplomatic relations is one of the many united and proactive stances of the Philippines to protect our interests, uphold our sovereignty, and ensure regional stability. Thus, the country’s foregoing geopolitical move has forged a trilateral cooperation that aims to protect the said Indo-Pacific region.
Moreover, the Philippines has denied any existence of a “gentleman’s agreement” and the so-called “new model,” wherein the country allegedly consented and agreed to keep the status quo in the South China Sea and to favor China over the Ayungin Shoal,3 respectively. President Ferdinand Marcos stated that even if such agreements exist, he rescinds them.4 On May 20, following the increasing tensions in the West Philippine Sea, the Philippine National Security Council (NCS) reported to be gathering pieces of evidence for the possible filing of a new case against China’s illegal actions that caused environmental damage in the region which is of vital interest to the country. The assistant director of the NCS said that it will be submitting the evidence to the Department of Justice and the Office of the Solicitor General. Two days later or on May 22, the Department of Foreign Affairs Secretary Enrique Manalo said that there is no proof of agreements between the Philippines and China over the West Philippine Sea, discrediting the claims of Beijing that there are several binding bilateral promises.5
Unlike the previous administration, which appears to have secret and undisclosed agreements with the enemy, the State is more assertive in enforcing our rights and claim in the contested region. In the West Philippines Sea, the Philippines is obviously and consistently backed by its allies, international law, and the 2016 arbitral ruling.
Testing our Freedom, Faith, Fealty, and most especially, our Future
The WPS is a vital yet sadly, contested region. Not only does it brim with natural resources, but the WPS holds both immense strategic and economic interest for the country to harness, and a profound significance to our national identity as Filipinos. The ongoing dispute with China in the area is a test of our freedom, faith, fealty, and most especially, our future.
Defending and asserting our sovereignty in the West Philippine Sea entails on the part of the government a strategy that is both a comprehensive package of legal and diplomatic approaches on one hand; and calls for public awareness and unity among Filipinos on the other. As retired Supreme Court Justice Antonio Carpio said, “…this dispute is an intergenerational struggle for Filipinos… we have to prepare for a very long struggle.” Even though China clearly has the advantage, it having the world’s largest navy and is known to have major nuclear powers, Filipinos should not let China win and take over the whole South China Sea and the West Philippine Sea. It is high time that the country should modernize our military capabilities, fortify its alliances that support freedom of navigation and respect the rule of international law, and do what it can to deter further encroachments by China. As one nation, Filipinos must stay informed, vigilant, and steadfast in defending our seas.
The stakes are high. But our hopes are higher. We are not backing down, not today, not tomorrow, never. This is not the time to kowtow and let the bully win. This is our commitment to claim and uphold what is rightfully ours–for our country, the Philippines, the Pearl of the Orient Seas.
EDITORIAL NOTE: The editors speak for the publication as a whole, represented by the Editorial Board on the crucial matters and prevailing national issues.
- Ang Cheng Guan, The South China Sea Dispute Re-visited, IDSS Working Paper No. 4 (August 1999), Singapore: Institute of Defence and Strategic Studies, at 3-8, available at http://www.rsis.edu.sg/publications/WorkingPapers/WP04.pdf (last accessed June 13, 2024) & Center for Preventive Action, Territorial Disputes in the South China Sea, May 30, 2024, available at https://tinyurl.com/4vvp9fa2 (last accessed June 13, 2024). ↩︎
- Permanent Court of Arbitration, The South China Sea Arbitration (The Republic of Philippines v. The People’s Republic of China), PCA Case N 2013-19, July 12, 2016 available at https://pca-cpa.org/en/cases/7/ & https://tinyurl.com/yuufetks (last accessed June 13, 2024). ↩︎
- The National Policy (2024). https://thenationalpolicy.com/news/ ↩︎
- Presidential Communications Office. 2024. “PBBM on Secret Agreement: I’ve Rescinded It,” April 16, 2024. https://pco.gov.ph/news_releases/pbbm-on-secret-agreement-ive-rescinded-it/. ↩︎
- Cupin, Bea. 2024. “DFA Chief: Where’s China’s Proof of West Philippine Sea Agreements?” RAPPLER, May 22, 2024. https://www.rappler.com/newsbreak/inside-track/dfa-chief-where-china-proof-west-philippine-sea-agreements/. ↩︎