In a decade-long dispute over China’s expansive claims in the South China Sea, the Philippines sought recourse through the Permanent Court of Arbitration at The Hague. In 2016, the tribunal ruled in favor of the Philippines, marking a remarkable victory for the country. However, China has repeatedly disregarded this ruling and continues to assert its dominance over the disputed territory. Despite the practical limitations, the Philippines is now contemplating bringing China back to court to challenge its actions.
China’s Defiance and the Impending Legal Battle:
China’s dismissive attitude towards the 2016 ruling, referring to it as “a piece of waste paper,” has raised concerns about its commitment to a “rules-based international order.” Beijing’s assertive behavior, including the use of military-grade lasers and water cannons, further underlines its unwillingness to comply with the international legal framework. While experts believe that a second legal defeat is unlikely to significantly impact China’s behavior, Philippine authorities seem more focused on eroding China’s image as a responsible global actor.
Environmental Damage: The New Grounds for Legal Action?
The Philippines’ potential case may focus on the extensive damage caused by China’s activities in the marine environment. Last month, the Philippine Coast Guard conducted a survey within its exclusive economic zone and documented significant ecological harm. The country’s solicitor general is considering launching legal action against China once the official assessment of the damage is completed. However, there are concerns about the practicality and costs associated with pursuing another legal battle.
Weighing the Pros and Cons:
Launching a new case against China poses potential risks, including exacerbating military tensions in the South China Sea. Litigation can be a highly adversarial process and may not necessarily lead to a favorable outcome. China’s historical reactions to perceived offenses, such as imposing travel restrictions or trade bans, highlight its retaliatory nature. Nevertheless, proponents of legal action argue that “moving the envelope” is essential, even if progress is gradual, to assert the Philippines’ rights and challenge China’s belligerent behavior.
China and the International Community:
By reigniting international attention on the South China Sea dispute, the Philippines aims to shed light on China’s belligerent stance. This could potentially tarnish China’s image as it vies for global influence, especially among Southeast Asian nations and the Global South. Recognizing the importance of complying with international law and being a responsible member of the international community should outweigh any perceived inconvenience or disadvantage for China.
The Philippines’ contemplation of taking China back to court over its actions in the South China Sea underscores the significance of upholding international law. While the practical effects of a potential legal battle may be limited, challenging China’s behavior raises awareness and keeps the focus on its disregard for the rule of law.
Market Capital Research 