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Rule of law in an Asian hot spot

The Philippines may try to win another international court case against a China using military muscle to claim vast parts of the South China Sea.

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Philippine Coast Guard/Handout via REUTERS
A Philippine Coast Guard personnel cuts the rope connecting a floating barrier that was installed by China near the Scarborough Shoal in the South China Sea.
  • By the Monitor's Editorial Board

In one of the world’s potential hot spots for armed conflict – the South China Sea – the Philippines has been a leader in trying to bring rule of law to waters where six nations make rival claims. In 2016, it won a ruling from a United Nations tribunal that China’s sweeping claims over most of the sea – notably in Philippine maritime territory – are invalid. Now Manila is weighing another court suit.

This one would allege that Chinese ships have pulverized coral reefs – again in the Philippines’ maritime zone – and used the material to build artificial islands to station more Chinese forces. “We shall evaluate the merits of each and every legal option, including the possible filing of a new complaint against China before an international tribunal,” Solicitor General Menardo Guevarra told The Philippine Star last month.

A new court case, this one focused on marine destruction, might actually help cool off rising tensions. Earlier this year, Chinese forces used military-grade lasers and water cannons against Philippine ships and sailors. Last month, Philippine President Ferdinand Marcos ordered special forces to cut a rope tethering a floating barrier at the Chinese-controlled Scarborough Shoal. In August, the United States reaffirmed that it would live up to a 1951 mutual defense treaty and defend the Philippines if any of the country’s public vessels were attacked.

If Beijing again loses a case in court, it might suffer further reputational damage. It has promoted its own version of a rules-based international order and has been instilling stricter legality at home over the past decade. But its actions in the South China Sea undermine “efforts to cast itself as a source of peace and stability in the region,” writes China expert Carla Freeman at the U.S. Institute of Peace.

China has so far ignored the 2016 court ruling as well as hundreds of diplomatic protests by the Philippines over the years. Will a new court case make any difference? The previous ruling, says Philippine Foreign Affairs Secretary Enrique Manalo, remains “an inspiration for how matters should be considered – through reason and right – by states facing similarly challenging circumstances.” Outgunned by China off its shores, the Philippines is showing leadership in how rule of law can prevail in a watery trouble spot.

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