By Marvin Sy and Paolo Romero
The Philippine Star
The Philippine Star
MANILA, Philippines – The Senate and the House of Representatives approved separate resolutions on Wednesday expressing support for President Aquino’s decision to file an arbitration case against China as the last option for a peaceful settlement of the West Philippine Sea dispute.
The Senate passed Senate Resolution 931 while the House unanimously adopted House Resolution 3004.
“The Philippines has exhausted almost all available tools, mechanisms and fora for the peaceful settlement of the disputes with China under its three-track approach, namely: political, diplomatic and legal track, which includes inviting China to bring the matter peacefully under any of the available dispute settlement mechanisms under Part 15 of UNCLOS (United Nations Convention on the Law of the Sea),” the resolution stated.
“China’s claim in the West Philippine Sea under the nine-dash line is expansive and inconsistent with the provisions of UNCLOS,” it said.
The Senate noted that the nine-dash line claim of China encroaches on the legitimate maritime entitlements of the Philippines and other coastal states in the South China Sea, “thus violating their legitimate rights under international law, specifically UNCLOS.”
Both China and the Philippines are signatories to the UNCLOS, which prescribes the maritime entitlements of coastal states in terms of territorial sea contiguous zone, 200-mile exclusive economic zone and continental shelf.
Senators lamented that China has steadily and forcefully asserted its nine-dash line claim in the West Philippine Sea despite protests by the Philippine government.
The Senate said the utilization of the option of international arbitration does not preclude the Philippines from continuing to explore and utilize other possible modalities in its three-track approach for the peaceful settlement of disputes in the West Philippine Sea.
Majority Leader Vicente Sotto III introduced the Senate resolution after a recent briefing with Palace officials and the leaders of Congress at Malacañang.
The House resolution, which was authored by Speaker Feliciano Belmonte Jr., called on Filipinos to unite to protect the sovereign rights and jurisdiction of the Philippines in the disputed area.
Co-authored by Majority Leader Neptali Gonzales and Minority Leader Danilo Suarez of Quezon, the resolution said the Philippines has no other recourse but to institute compulsory arbitration proceedings against China.
China declined an earlier offer of the Philippines to bring the matter peacefully under any of the available dispute settlement mechanisms under Part 15 of UNCLOS, it stated.
“China violates not only the rights and jurisdictions of the Philippines but also of other coastal states by claiming virtually the entire South China Sea through its nine-dash line claim. China further violates the rights and jurisdictions of the Philippines through its continuous aggressive assertion of its nine-dash line claim in the West Philippine Sea,’” the House resolution said.
No choice
Malacañang said the Philippines has no choice but to seek third party intervention because of Beijing’s “firm and stubborn” nine-dash claim.
Presidential spokesman Edwin Lacierda said Manila’s decision to go to the United Nations would not complicate matters but show its commitment to a peaceful resolution of the dispute.
“There are three tracks that we’re exploring. We have approached it from the diplomatic, from the political, now we’re availing of the legal approach,” Lacierda said.
“It does not take away the fact that in the diplomatic (track) we’re still part of the ASEAN. We’re continuing to draft the Code of Conduct for the South China Sea,” he added. ASEAN refers to the ten-member Association of Southeast Asian Nations.
Lacierda said the best option to resolve the situation at this time is “to go to an arbitral tribunal, a third party where the rule of law and a rules-based approach to resolve the disputes can be made.”
‘No effect’
The Department of Foreign Affairs (DFA) is optimistic that the action of the government will have no effect on its bilateral relations.
“We’re positive that we’ll be focused on enhancing relationship as far as trade and investment are concerned,” DFA spokesman Raul Hernandez said.
A Chinese state-owned news agency report said observers consider Manila’s high-profile lawsuit as “political posturing” and it has shown little willingness for one-on-one negotiations on relevant disputes.
In a China Daily report, Yang Baoyun, an expert on Southeast Asian studies at Peking University, said the international court would take the case seriously on the precondition that both parties approve the case, adding that Manila knows Beijing is unlikely to respond.
Beijing, in response to the Philippines’ seeking United Nations arbitration over its territorial claims, has warned Manila against any moves that may complicate or escalate tensions between the two nations.
Foreign Ministry spokesman Hong Lei said on Wednesday that Beijing supports bilateral negotiation with the countries involved. With Aurea Calica, Pia Lee-Brago
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