Atty. Mel Sta. Maria is the resident legal analyst of TV5. He is Dean of the FEU Institute of Law. He also teaches at the Ateneo School of Law and daily co-hosts the program Relasyon on Radyo Singko 92.3 News FM. China does not care what other nations think. Despite the West Philippine Sea case filed by the Philippines now pending with the International Tribunal for the Law of the Sea (ITLOS), the Declaration on the Conduct of Parties in the South China Sea signed by China and the ASEAN nations committing that parties concerned undertake to intensify efforts to seek ways, in the spirit of cooperation and understanding, to build trust and confidence, and the expressions of concern by the United States and other countries against its aggressive stance in the South China Sea, Beijing still exhibits, nay flaunts, its expansive but highly questionable assertion of ownership over territories in this oil-rich corner of the world. China has flaunted its naval power over the areas, made unilateral rules on their enjoyment and exploitation, and threatened to forcefully bar outside fishermen, including Filipinos, from these places. Chinas strategy is clear: to intimidate other claimant-nations and to create an irreversible fait accompli that will make the surrounding countries assertion of dominion useless. Somebody had to speak up. The leaders of Malaysia, Brunei, Vietnam, Japan and South Korea have been very passive so far, though they also assert ownership over nearby territories as against Chinas claims. Who had the courage to push back against this bullying tactic of China? President Benigno Noynoy Aquino. He described Chinas expansive actions as Hitler-like. What could that mean? Non-reaction, even by way of unilateral declarations, against these Chinas aggressive movements can lead to serious international crisis similar to the 1938 Sudetenland territorial claim controversy in Europe - a crisis starting from a localized territorial claim by Nazi Germany, escalating to a regional problem in Europe, then leading to capitulation by appeasement and, eventually, resulting to a global holocaust. By way of background: In 1938, Great Britain and France, allies of Czechoslovakia, did not put a strong front against Hitlers threat of invading the Sudetenland, which was a territory of Czechoslovakia. Hitler claimed that it was part of Nazi Germany as it was populated mostly by ethnic Germans. In order to avoid war, Great Britain and France, acceded to Hitlers demand of annexing the Sudetenland into Nazi Germany. They pressured their ally Czechoslovakia, which vigorously objected, to agree. Chamberlain, upon arriving in Great Britain, waved a copy of the Munich Pact and announced peace in our time. But instead of mollifying Hitler, the event increased his appetite for lebensraum. This craving for more territories to occupy eventually resulted into the deadliest world war this earth had ever experienced. PNoys words made one Chinese commentator, Ming Jinwei of the state-run Xinhua news agency, write : His latest reported attack against China, in which he senselessly compared his northern neighbor to the Nazi Germany, exposed his true color as an amateurish politician who was ignorant of history and reality. Well, Mr. Ming Jinwei, our President this time has a point. He made sense. Nothing was politically amateurish in what he did. In fact, his actions were appropriate and timely. China should back off and let the rule of law and the United Nations Law of the Sea (UNCLOS) prevail and the ITLOS proceeding move on and finally resolve the territorial disputes peacefully. Moreover, China signed a multilateral Declaration on the Conduct of Parties in the South China Sea. Pacta sunt servanda must prevail. This is one of the ancient, timeless and well-entrenched rules in international law: Countries must honor, respect and implement in good faith pacts or agreements that they have entered into. China cannot wave the olive branch in one hand and, on the other, rattle its sword. But that is precisely what China is doing. With such double-faced attitude, how else could President Noynoy respond? Given our limited military capacities, there was only one answer: jolt the world from its complacency. Sound the alarm with a forceful unilateral statement on Chinas expansionism. Let the world know and bring this matter again to the center of international concern. President Aquinos reference to Nazi Germany served that purpose excellently. The United States reacted by urging China to clarify its position on the West Philippine Sea. Chinas lack of clarity with regard to its South China Sea claims has created uncertainty in the region and limits the prospect for achieving mutually agreeable resolution or equitable joint development arrangements, said Danny Russel, the US assistant secretary of state for East Asian and Pacific affairs as reported by InterAksyon. China countered. InterAksyon also reported that, Hong Fei, the Chinese Foreign Ministry Spokeman said: Some US officials make groundless accusations against China. What is clear is that the world is again focused on this issue. By his pronouncements, President Aquino reminded the world that the issues are not only a localized problem but an international concern. An amateur politician? President Aquinos statement proved that he is a clever one. And I believe that the Chinese Government officials realized this and deep inside them, their respect for Aquino may just be growing. Indeed, if you give your adversaries the kind of legitimate peaceful response that hits them at their core and make them pause even for a while, the more your adversaries will respect you. There are times when, no matter how small and seemingly defenseless you are, you just have to make a firm stand and be annoyingly assertive of your rights. Otherwise, this world will be an unprincipled one where bullies always prevail. The challenge to China remains: if you are so sure of your territorial claims in the West Philippine Sea, why not just thresh this out in the United Nations ITLOS proceeding which you continually shun, instead of merely exhibiting your muscles like any typical bully? Why not participate in the ITLOS proceeding? Takot ka?
Posted on: Sun, 09 Feb 2014 15:46:11 +0000
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