It is correct for the Philippines to send a full delegation to the Permanent Court of Arbitration in The Hague, Netherlands to defend our position that China's claim of ownership over practically the entire South China Sea has no basis at all, historical or otherwise.
In fact, China is using gunboat diplomacy to enforce its will on the other claimants in the territorial dispute.
In short, might is right.
But this attitude runs contrary to the rule of law and could spark armed confrontation if allowed to get out of hand.
The principal counsel, Paul
Reichler, stressed that China's historic right claim over the disputed sea do
not exist under the provisions of the United Nations Convention on the Law of
the Sea (UNCLOS).
Another lawyer, Andrew
Loewenstein, argued that China has failed to satisfy the requirements to
establish the claim, namely: a continuous exercise of exclusive control for a
long period of time over the area. He showed eight maps dating back to the Ming
Dynasty showing that China's territory did not include the nine-dash line.
The
Philippine government is on right track in arguing its case in the arbitral
proceedings. If we manage to convince the judges that our cause is just, then
we score a moral victory that could prompt China to review its position and
eventually submit to a rules-based Code of Conduct in the South China Sea.
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