Policy Report: Rule of Law and Peace and Order in the South China Sea and the West Philippine Sea

The judgment award rendered in the Republic of the Philippines vs. The People’s Republic of China was a significant development to the disputes in the South China Sea and the West Philippine Sea. Conflicting opinions from littoral and affected states on the legal issues abound the institution of the case and the conduct in these areas as a whole have been raised and a decision has been rendered on these issues. Provisions in the UNCLOS that were made to be deliberately vague because States at the UN Conference negotiating UNCLOS could not agree on more precise language have been clarified. The judgment not only has implications in the lawyering and judicial sphere. It also carries practical implications that are to be considered in lawmaking and formulation of government policies. All these implications will be discussed in this paper.

However, be it noted that although the award declares certain legally permissible actions in the South China Sea and West Philippine Sea, there are still issues on the practicability of the full implementation of these actions. Key states play vital roles in the manner and extent of enforcement of the award. The manner and extent of enforcement of the award are partly determined by the foreign policy of these key states. Presently, the precise direction and/or probability and/or outcome of the enforcement of the award remain uncertain. The paper briefly goes over possible directions and/or probability and/or outcome of the enforcement of the award particularly from RP standpoint vis-à-vis recent notable political events in gauging the current state of Rule of Law in the SCS and WPS. Rule of Law aspects will also be examined and their relation to maintenance of peace and order, in the context of the SCS and WPS dispute. Pre-conceived notions of Rule of Law being automatically synonymous to peace and order may also be reconsidered.

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Ms. Catherine S. Panaguiton served as Unit Chief of the National Coast Watch Council Secretariat of the Office of the President of the Philippines in 2015. Prior to this position, she also was an Associate Lawyer of the shipping law firm in the Philippines, Del Rosario & Del Rosario Law Offices. She has likewise worked at the University of the Philippines, College of Law, Institute for Maritime Affairs and Law of the Sea (UP IMLOS).

The views expressed in the Policy Report are solely those of the author.