Calling for a Philippine Comprehensive Maritime Strategy
- Anna Patricia L. Saberon
China continues to be aggressive in pursuing its maritime and territorial claims in the South China Sea, despite the verdict given by the Arbitral Tribunal in 2016. President Xi Jinping, in his meeting with President Rodrigo Duterte on 29 August 2019, reiterated that China does not recognize the ruling. The June 9 ‘maritime incident’ – wherein a Chinese vessel rammed and destroyed a Filipino fishing boat and left the area leaving the fishermen floundering at sea - should not be seen in isolation, but rather, analyzed in the larger scheme of things.
The Philippines and China as members of the international community are expected to behave appropriately in accordance with recognized international norms. Both countries are also parties to the United Nations Convention on the Law of the Sea (UNCLOS), the principal legal framework accepted by states, which codified long-standing customs and norms in the sea. The view that international law is supposed to provide important guidelines to govern the conduct of states is an ideal. In the June 9 maritime incident, China violated UNCLOS Article 98 “Duty to Render Assistance” paragraph 1c. That is indeed a serious violation but realistically speaking, who or what international body is out to punish China? There is none.