EU backs binding SCS Code as group bucks Chinese scholars’ Batanes claim

SCREENGRAB FROM CCG.GOV.CN

THE European Union (EU) on Monday renewed its call for a legally binding Code of Conduct within the South China Sea (SCS) anchored on international law, while a Philippine think tank warned that Chinese academics’ claim over Batanes reflects Beijing’s broader effort to expand its territorial narrative despite the 2016 arbitral ruling.

“The EU reiterates its support to ongoing efforts by ASEAN (Association of Southeast Asian Nations) and China to conclude an efficient, substantive and legally binding Code of Conduct within the South China Sea that might be consistent with UNCLOS (United Nations Convention on the Law of the Sea),” the 27-member bloc said in a press release marking the tenth anniversary of the arbitral award.

The EU reaffirmed that disputes ought to be settled peacefully under UNCLOS, supported the implementation of the 2016 arbitral ruling, and opposed unilateral actions that undermine regional stability.

“The EU is deeply concerned by the regular increase of tensions and dangerous incidents within the South China Sea and firmly opposes any unilateral actions that threaten to undermine regional stability and the international order based on international law and the rule of law,” it said.

Meanwhile, Stratbase Institute President Victor Andres “Dindo” C. Manhit dismissed as “baseless” claims by Chinese scholars that Batanes belongs to China through Taiwan, saying the assertion has “no basis in history, international law or reality.”

“Having did not secure international acceptance of its illegal claims within the West Philippine Sea following the landmark 2016 arbitral award, China now appears intent on pushing the boundaries of its revisionist narrative even further,” he said in a press release.

He said the claim appears to form a part of Beijing’s broader use of “lawfare” and influence operations to normalize territorial assertions rejected under international law.

“No academic symposium, nonetheless orchestrated, can rewrite history or alter internationally recognized boundaries,” he said. “Scholarly discourse should advance truth and understanding, not function an instrument for advancing geopolitical ambitions.”

Mr. Manhit urged Manila and the international community to not dismiss such claims as mere academic discussions, warning that they may progressively shape public perceptions and legitimize positions lacking legal foundation.

Political analyst Edmund S. Tayao told BusinessWorld the Batanes claim ought to be viewed as an act of “bullying” that would signal Beijing’s broader strategic ambitions within the region.

“This is solely bullying, and is patently Chinese,” Mr. Tayao said via Facebook Messenger. “Since China’s unprecedented economic growth and emergence as a world power, it has come to assume it could possibly take whatever it seems like taking.”

He said the claim may be linked to Beijing’s objectives involving Taiwan or its longer-term effort to expand control over nearby seas after encountering resistance within the South China Sea.

‘FAKE HISTORY’
International Development and Security Cooperation President Chester B. Cabalza likewise said the narrative wouldn’t alter Philippine sovereignty over Batanes or diminish the country’s legal victory within the 2016 arbitration case.

“Beijing can manufacture all of the fake history it wants, but Batanes stays an indivisible a part of the Philippines, and no narrative trap will erase our 2016 legal victory,” he said in a Messenger chat.

The Chinese Embassy in Manila didn’t immediately reply to a Viber message in search of comment.

The EU statement followed a joint declaration issued on Sunday by the Philippines and 13 partner countries reaffirming that the 2016 arbitral award is final and legally binding.

Australia, Canada, Estonia, Germany, Italy, Japan, Latvia, Lithuania, Latest Zealand, Romania, Slovenia, the UK and the US joined the Philippines in calling for peaceful dispute resolution under international law.

Also on Monday, the Presidential Palace said the federal government would proceed asserting Philippine rights within the West Philippine Sea through diplomacy slightly than military confrontation.

“The policy of the President is to fight for our rights through diplomatic means,” Palace Press Officer Clarissa A. Castro told a news briefing in Filipino.

“We are not looking for every Filipino to be a coward in fighting for our rights, but we will not be saying that we should always advance toward war,” she added. 

Ms. Castro said the Marcos administration has adopted a special approach from its predecessor, noting that ex-President Rodrigo R. Duterte had described the 2016 arbitral award as “an easy piece of paper that might be thrown within the trash.”

She also said plans to construct shelters for Filipino fishermen at Sandy Cay were abandoned throughout the previous administration and that Chinese vessels were allowed to patrol the world.

For instance of the Marcos government’s policy, Ms. Castro cited President Ferdinand R. Marcos, Jr.’s September 2023 directive ordering Philippine authorities to remove floating barriers installed by the China Coast Guard near Scarborough Shoal.

She said the move was intended to guard the livelihood of Filipino fishermen while asserting the country’s maritime rights without escalating tensions.

The 2016 ruling by the Everlasting Court of Arbitration in The Hague voided China’s sweeping “nine-dash line” claim within the South China Sea and affirmed the Philippines’ maritime entitlements under UNCLOS.

Ms. Castro said public support for the federal government’s policy stays strong, citing an OCTA Research survey showing that 66% of Filipinos support efforts to uphold the arbitral ruling.

She also quoted Mr. Marcos’ recent remarks during a diplomatic reception, through which he described the rule of law as “the nice equalizer of all nations.”

Individually, Party-list Rep. Antonio L. Tinio opposed proposals to lift Philippine defense spending to 4% of gross domestic product, arguing that the plan would divert resources from education, healthcare and housing and advance US strategic interests within the region.

“While [Defense Secretary Gilberto C. Teodoro, Jr.] is pushing for more funding for missiles, fighter jets, warships and submarines, our young individuals are studying in overcrowded classrooms without books or web access, many Filipinos still lack adequate healthcare, and the poor remain without decent housing,” he said in a press release in Filipino.

He urged the federal government to prioritize social services over higher military spending. — Kaela Patricia B. Gabriel, Pexcel John Bacon and Erika Mae P. Sinaking

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