South China Sea Verdict: The Philippines Plays It Cool (And Restrained)

Richard Javad Heydarian

Security, Asia

Eager to find a peaceful solution to its disputes with China, the Dutetre administration is keen on reviving bilateral negotiations with China. Will it happen? 

MANILA–An international court, formed under the aegis of the United Nations Convention on the Law of the Sea (UNCLOS), just issued an unequivocal rebuke of China’s excessive maritime claims across the South China Sea. Characteristically, China dismissed the unfavorable verdict as “a piece of scrap paper,” “null and void,” and a conspiracy of western powers. Refusing to recognize the jurisdiction of the Arbitral Tribunal (constituted under Art. 287, Annex VII), China has (falsely) argued that it is not bound by the outcome of the Philippine-initiated arbitration.

But according to Article 296 as well as Article 11 of Annex VII of the UNCLOS, the verdict is final and binding. Although China refused to formally participate in the proceedings, Article 9, Annex VII of UNCLOS clearly states that the non-participation of one party doesn’t bar the legal proceedings from moving forward. To be fair, in accordance to Article 5, Annex VII, China was repeatedly provided an opportunity to formally participate, but – perhaps sensing an unfavorable outcome — it instead opted to boycott the whole proceedings.

To absolve itself of any compliance with an unfavorable verdict, China cited exemption clauses under the UNCLOS (Art. 298, Section 2, Part XV), but it was ultimately up to the court to decide whether the Asian power was exempted from the case or not. China sought to procedurally undermine the Philippines’ case by raising jurisdiction issues. It correctly argued that the UNCLOS has no mandate to decide on issues that concern territorial sovereignty, but failed to recognize that the Philippines’ case was skillfully packaged as a question of maritime entitlements and sovereign rights.