The South China Sea Arbitral Award amidst Shifting Philippine Foreign Policy

2018 ◽  
Vol 6 (1) ◽  
pp. 47-65
Author(s):  
Lowell Bautista
Keyword(s):  
Foreign Policy ◽  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Arbitral Tribunal ◽  
The South ◽  
China Sea ◽  
Arbitral Award ◽  
Policy Direction

Abstract The South China Sea Arbitral Tribunal award was an overwhelming legal and moral victory for the Philippines. The arbitral tribunal categorically declared that China’s nine-dash line claim is incompatible with the UN Convention on the Law of the Sea. However, China’s defiance of the ruling and refusal to honor and implement the award pose a serious challenge to Manila’s victory. In addition, the astonishing shift in Philippine foreign policy direction, alongside the change in government, flouts the arbitral award and undermines previous State policies assertive of Philippine maritime and territorial claims in the South China Sea. The current direction of Philippine-China relations under Philippine President Rodrigo Duterte has demonstrated positive signs of improvement compared with acrimonious bilateral relations pursued by the previous Aquino administration. The arbitral award has largely been set aside in the government’s effort to restore amicable economic and diplomatic relations with China. This paper examines the South China Sea arbitral award amidst shifting Philippine foreign policy under the administration of President Rodrigo Duterte.

scholarly journals The Limits of Intergovernmentalism: The Philippines’ Changing Strategy in the South China Sea Dispute and Its Impact on the Association of Southeast Asian Nations (ASEAN)

2020 ◽  
Vol 39 (3) ◽  
pp. 335-358
Author(s):  
Renato Cruz De Castro
Keyword(s):  
Foreign Policy ◽  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Pacific Region ◽  
The South ◽  
China Sea ◽  
Security Challenges ◽  
Regional Organisation

Focusing on the Philippines’ changing foreign policy agendas on the South China Sea dispute, this article examines the limitations of the Association of Southeast Asian Nations’ (ASEAN) intergovernmental approach in addressing security challenges in the Indo-Pacific region. It contends that former President Benigno Aquino III tried to harness this regional organisation in his balancing policy vis-à-vis China’s maritime expansion in the South China Sea. On the contrary, President Rodrigo Duterte promoted his appeasement policy on China when he became the ASEAN’s chairperson in 2017, and pushed for the elusive passage of the ASEAN–China Code of Conduct in 2019. In conclusion, the article scrutinises the implications of this shift in the Philippines’ foreign policy for the ASEAN, and raises the need for this regional organisation to rethink its intergovernmental approach to the security challenges posed by the changing geopolitics of the Indo-Pacific region.

scholarly journals The Philippines and Vietnam’s Responses to the Permanent Court of Arbitration’s Final Award on the Arbitration Case Initiated by the Philippines Against China over the South China Sea (July 2016)

2019 ◽  
Vol 11 (1) ◽  
pp. 155-178
Author(s):  
Nguyen Huong Thach Thao
Keyword(s):  
Foreign Policy ◽  
South China Sea ◽  
Comparative Study ◽  
South China ◽  
The Philippines ◽  
International Community ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
First Time

Abstract In July 2016, the Permanent Court of Arbitration (PCA) issued its final award on the South China Sea dispute between the Philippines and China that caught the attention of the international community. Since this was the first time that a claimant in the South China Sea had ever referred the case to an international juridical body in an effort to settle the dispute, the responses of both claimant and non-claimant stakeholders were awaited. Realising the relevance of the issue, I conduct a comparative study of the responses to the PCA’s final award to two major claimants with similar positions on the South China Sea—the Philippines and Vietnam. The main aim of this study is to indicate the similarities and/or differences in the way these two states responded to the final decisions of the PCA. The study finds that even though both the Philippines and Vietnam reacted to the award in a similar manner, the motives behind their responses were different. In general, the South China Sea policy of the Philippines has always been less consistent than that of Vietnam, which can be explained through each state’s foreign policy tendencies.

Use and Utility of the Non-Traditional Security Concept in the Context of the South China Sea Arbitration

2017 ◽  
Vol 16 (2) ◽  
pp. 275-295
Author(s):  
Naila Maier-Knapp
Keyword(s):  
South China Sea ◽  
South China ◽  
Positive Impact ◽  
The Philippines ◽  
The South China Sea ◽  
Specific Reference ◽  
The South ◽  
China Sea ◽  
Arbitral Award ◽  
Arbitration Process

The arbitral award in 2016 has had a positive impact on the credibility of the Philippines and other Southeast Asian claimant countries in the South China Sea. However, questions about China’s divisive influence in the neighbourhood remain more relevant than ever and necessitate inquiry into the use and utility of dialogue on non-traditional security (NTS) issues in building confidence in times of low confidence, with specific reference to the period of the arbitration process and ruling.

scholarly journals THE SHIFT AND CONTINUITY OF THE PHILIPPINES� FOREIGN POLICY UNDER RODRIGO DUTERTE ON THE SOUTH CHINA SEA ISSUE

2021 ◽  
Vol 6 (01) ◽  
Author(s):  
Jennie Joyce Candice ◽  
Anak Agung Banyu Perwita
Keyword(s):  
Foreign Policy ◽  
South China Sea ◽  
Southeast Asia ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
National Interests ◽  
China Sea ◽  
The World

The South China Sea (SCS) has become the largest and the crucial Sea Lanes of Communication (SLOCs) not only for Southeast Asia but also for the world. As one of the claimants of the South China Sea, Philippines were always and will always be trying to protect its national interests in the disputed waterways as part of its national territory. This article discusses about the shift and continuity of the Philippines� foreign policy on the South China Sea issue. It explicates the shift and continuity of Philippines foreign policy under Rodrigo Duterte to the South China Sea. A more focus elaboration will be devoted on how the Philippines implemented its foreign policy to deal with China in the South China Sea dispute.It argues that Duterte foreign policy to this delicate issue is always based on the strategic dynamic of its �two-level game� (domestic and international political stimuli) to its national interests.

China's Assertive Posture in Reinforcing its Territorial and Sovereignty Claims in the South China Sea: An Insight into Malaysia's Stance

2017 ◽  
Vol 18 (1) ◽  
pp. 67-105
Author(s):  
MOHAMMAD ZAKI AHMAD ◽  
MOHD AZIZUDDIN MOHD SANI
Keyword(s):  
Foreign Policy ◽  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
Policy Preference ◽  
The South ◽  
China Sea ◽  
Spratly Islands ◽  
Insight Into

AbstractChina's growing assertiveness in strengthening its territorial and sovereignty claims in the South China Sea has arguably intensified friction and deepened tension between the rival claimant States. In sharp contrast to the strong reactions of its fellow ASEAN claimants, such as Vietnam and the Philippines, Malaysia traditionally has been less critical and more inclined to downplay China's perceived emotive actions. This subtle foreign policy orientation is likely to remain unchanged in the immediate future. Malaysian leaders are aware of the need to continue adopting a more cautious but pragmatic approach to counter China's increasingly aggressive actions in the Spratly Islands. Because of the significant economic and political benefits derived from its close relationships with China, Malaysia's policy preference is aimed to avoid jeopardizing such relations. However, the growing presence of Chinese military vessels in Malaysia's waters in recent years has forced the latter to reassess its foreign policy approach, which might include adopting a more assertive stance towards China. Set against this backdrop, this article aims to give an exploratory insight into Malaysia's external behaviour and actions in response to China's recent growing aggressiveness in the South China Sea. To this end, the aim of this article is achieved through a twofold approach. First, it examines Malaysia's overlapping claims to maritime features and waters with China, with the focus on the Spratly Islands group. Lastly, the article provides an explorative insight of Malaysia's rationalist stance, particularly under the current administration of Prime Minister Najib Tun Razak, in response to China's aggressiveness. It also examines the motivations, intentions, and basis of this external posture.

scholarly journals “Rocks” or “ISLANDS” ?Sailing Towards Legal Clarity in the Turbulent South China Sea

AJIL Unbound ◽  
2016 ◽  
Vol 110 ◽  
pp. 279-284
Author(s):  
Nilufer Oral
Keyword(s):  
South China Sea ◽  
South China ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
China Sea ◽  
Arbitral Award ◽  
Recent Memory ◽  
The Republic

The Arbitral Award handed down by the Permanent Court of Arbitration (PCA) on 12 July 2016 in In the Matter of the South China Sea Arbitration between the Republic of the Philippines and the People’s Republic of Chinais undoubtedly one of the most anticipated decisions in recent memory.

Navigating Through Narrow Jurisdictional Straits: The Philippines – PRC South China Sea Dispute and UNCLOS

2013 ◽  
Vol 12 (3) ◽  
pp. 431-461 ◽  
Author(s):  
Andreas Zimmermann ◽  
Jelena Bäumler
Keyword(s):  
South China Sea ◽  
South China ◽  
Dispute Settlement ◽  
The Philippines ◽  
The South China Sea ◽  
Arbitral Tribunal ◽  
Settlement System ◽  
The South ◽  
China Sea ◽  
Dispute Settlement System

Abstract In January 2013 the Philippines invoked the dispute settlement system under UNCLOS in order to resolve its long-standing dispute with the People’s Republic of China over the South China Sea and more specifically concerning Scarborough Shoal and the Spratly Islands. The arbitral tribunal constituted under Annex VII UNCLOS, without the PRC taking part in the proceedings as of yet, faces a challenging task in deciding whether or not it has jurisdiction over the case submitted by the Philippines. This article therefore examines the dispute settlement system of UNCLOS with regard to the jurisdiction of the tribunal in the pending Philippines – PRC South China Sea dispute. While at first glance UNCLOS appears to provide for a comprehensive system of compulsory jurisdiction, a number of exceptions, either applicable ipso facto or by virtue of unilateral declarations made at the time of signature or ratification of UNCLOS, leave only a thin layer of jurisdictional grounds, if any at all, for the arbitral tribunal to deal with and eventually decide the South China Sea dispute between the Philippines and the PRC. This implies that the arbitral tribunal is facing intriguing legal questions in this highly political procedure, the relevance of which extends far beyond the case at hand.

scholarly journals Equi-Balancing’ Foreign Policy of The Philippines Toward China: The Implementation Of The Philippines’ Cooperative Maritime Diplomacy To China In The South China Sea Dispute

2021 ◽  
Vol 13 (1) ◽  
Author(s):  
Jennie Joyce Candice ◽  
Anak Agung Banyu Perwita
Keyword(s):  
Foreign Policy ◽  
South China Sea ◽  
South China ◽  
The United States ◽  
The Philippines ◽  
The South China Sea ◽  
The South ◽  
National Interests ◽  
China Sea ◽  
Self Confidence

This article explicates the implementation of “Equi-Balancing” foreign policy of the Philippines toward China in the South China Sea (SCS) dispute. It argues that in order to protects its core national interests, Philippines should be able to manage its constructive relations with China. In order to do so, Philippines under the Rodrigo Duterte administration formulated and implemented cooperative maritime diplomacy to China. The main objectives of this cooperative maritime diplomacy were creating a closer the Philippines-China relations and on the hand, making some diplomatic distance to the United States in the SCS issue. This article utilises qualitative research method in deciphering the above cooperative maritime diplomacy. To achieve these goals, the Philippines has conducted several concrete actions by building: its sofpower, self confidence and coalition.

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