An Analysis of Multilateralism and its impact on the Peaceful

Resolution of the West Philippine Sea (South China Sea)

Dispute with the People’s Republic of China

Presented to:

Judge Charito M. Sawali

Submitted by Group 1:

Alemania, Christa Belle

Arasula, Leah Karissa

Ascalon, Richie

Atienza, Joanna Myrene

Biglete, Catherine

Brual, Nico Allen

Buhay, Jhudith

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ACKNOWLEDGEMENT

This research work was made possible through the tireless effort of the

researchers. The researchers’ hard work, spending time and burning the midnight oil in

making this research are the reasons why they finished this work and proved that

undergraduate thesis is harder than they had imagined.

The researchers would like to extend their sincerest appreciation and gratitude

first to the Heavenly Almighty Father for giving them life, encouragement, strength, and

wisdom to finish this work.

To their research adviser, Judge Charito Sawali, who guided the researchers

with utmost patient and led them to a proper and right track for the best direction of this

research. Her guidance and words of encouragement had been the researchers’

strength and sources in pushing through this task.

To H.E. Ambassador Jose Del Rosario Jr, who helped and enlightened the

researchers in identifying the prospect for resolution in the West Philippine Sea Dispute.

Thank you and God bless you all!

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DEDICATION

We, the researchers, gratefully offer this study which we made for our parents,

classmates and most of all, to our government. We dedicated this to:

Our parents, who have already been our strength and inspiration in spending

every inch of their time and days’,

Our classmates who encouraged us on moments that we felt hopeless and could

not accomplish this study because of the difficulties we had encountered in the whole

process of making this.

And to our government officials especially to the Department of Foreign Affairs,

being the agency concerned, who courageously fights for the rights and interests of

Filipino people.

Despite the hindrances, we realized that this is one of the best that we ever have

in our entire life.

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ABSTRACT

Title: AN ANALYSIS OF MULTILATERALISM AND ITS IMPACT ON

THE PEACEFUL RESOLUTION OF THE WEST PHILIPPINE SEA

(SOUTH CHINA SEA) DISPUTE WITH THE PEOPLE’S

REPUBLIC OF CHINA

Researchers: Alemania, Christa Belle

Arasula, Leah Karissa

Ascalon, Richie

Atienza, Joanna Myrene

Biglete, Catherine

Brual, Nico Allen

Buhay, Jhudith

Type of Document: Research Paper

School: University of Batangas

Address: Hilltop, Batanagas City

Degree: Juris Doctor

Number of Pages: 50+

School Year: 2015-2016

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SUMMARY

The study aims to analyze the importance of multilateralism and its impact on the

Peaceful Resolution of the West Philippine Sea (South China Sea) Dispute with the

People’s Republic of China.

More particularly, it endeavors to answer the following questions:

1. What is China’s 9-dash rule?

2. How does this rule affect the Philippine territory?

a. What are the actions undertaken by the Philippines to protect its territorial

integrity?

b. How does international law on territorial dispute support the Philippine Claim?

c. How does the 21st century global order affect the settlement of dispute?

3. As a member of the community of nations, how can the Philippines propose

solutions with China without contradicting the pillars of the Philippine Foreign

Policy?

a. How do these solutions conform with the Philippine’s foreign policy?

b. How can multilateral support from the non-claimant states help in the

settlement of territorial conflict with China?

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FINDINGS

Energy and fishing are not the only factors in this dispute.

The West Philippine Sea (South China Sea) is being integrated into the field of

The People’s Republic of China’s strategic rivalry with the United States as China

develops an extended naval strategy and deploys new naval capabilities as was

manifested in the building of artificial islands encroached in the Philippine’s exclusive

economic zone. The Association of Southeast Asian Nations has assumed that the

extensive Chinese claim to the whole area was negotiable and subject to compromise,

that China would settle for a favorable regional agreement in which territorial claims

would be adjusted, and that oil and gas reserves as well as fisheries would be shared.

Upon this basis, ASEAN has engaged The People’s Republic of China in regular

dialogue hoping that its leaders could be convinced of the value of a regime of norms

which would govern behavior in the West Philippine Sea (South China Sea). ASEAN

was habitually careful to avoid in any way provoking China expecting that China would

in time reciprocate, and that the ASEAN way of encouraging agreement by consensus

would in time be embraced by Beijing.

Building a Multilateral Framework

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The development of a multilateral, binding code of conduct between China and

ASEAN countries is often cited as a way of easing territorial disputes in the West

Philippine Sea (South China Sea). The parties have already agreed upon multilateral

risk reduction and confidence-building measures in the 2002 Declaration on the

Conduct of Parties in the South China Sea, but none have adhered to its provisions or

implemented its trust-building proposals. While The People’s Republic of China has

historically preferred to handle all disputes bilaterally, the resumption of negotiations

between Beijing and ASEAN still holds promise for reinvigorating a multilateral

framework toward greater cooperation and conflict resolution.

International Arbitration

Bringing territorial disputes to an international legal body presents another means

of conflict mitigation. The International Court of Justice and the International Tribunal for

the Law of the Sea are two forums where claimants can file submissions for settlement.

In July 2013, a UN tribunal was convened in The Hague to discuss an arbitration case

filed by the Philippine government contesting the legality of China’s territorial claims in

the West Philippine Sea (South China Sea). An outside organization or mediator could

also to be called upon to resolve the disagreement, although the prospect for success in

these cases is slim given China’s likely opposition to such options. This move by the

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Philippines is based on the premise that the 1982 UNCLOS is the constitution for the

ocean and violations of which is to be pursued on proper courts to uphold its

commitment to peace and security.

CONCLUSIONS

Based on the data analyzed and findings of the study, the researchers deduced the

following conclusions:

1. Dialogues between the ASEAN, as a multilateral party, and the People’s

Republic of China should be continuously pursued in-order to avoid military

skirmishes in the area and promote International solidarity and comity.

2. Going to international legal body presents a good approach on conflict mitigation.

However, the cause of such means should be supported by the United States

and EU members in order for The People’s Republic of China to adopt and

conform to it.

3. The international arbitration case by the Philippines and the multilateral

framework approach by the ASEAN as a whole conform to the charter of the

United Nations for it promotes peace and solidarity among member States.

4. The aforementioned in the preceding number is in accordance with the 1987

Philippine Constitution and in the Pillars of the Philippine Foreign Policy for it

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averts war and upholds the right of the Philippines defined in the 1982 United

Nations Convention on the Law of the Sea.

RECOMMENDATIONS

Based on the findings and conclusion, the researchers hereby present the

following recommendations:

1. The Philippines should promote awareness of the dispute to the public by

consistently publishing articles in newspapers of general circulation about

what are the stakes in the West Philippine Sea (South China Sea) and the

benefits it will bring into the Philippine economy.

2. The Department of Foreign affairs, being the agency concerned to this issue,

should continue to highlight the reclamations and island building of the

People’s Republic of China in the West Philippine Sea (South China Sea) in

order to engage non-claimant states in the dispute for them to make a policy

stand regarding the dispute.

3. The Philippines and ASEAN should open diplomatic back channels to the

People’s Republic of China to further strengthen dialogues and cooperation in

a more engaging manner which might not be possible in open, traditional

diplomatic channel.

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TABLE OF CONTENTS

Title Page iAcknowledgement iiDedication iiiAbstract ivTable of Contents vCHAPTER I The Problem and its Background

Introduction 1Background of the Study 2

Statement of the Problem 5Assumption 6Objective 6Synthesis 7Definition of Terms 8

CHAPTER II Review of Related Literature and StudiesRelated Literature 10Related Studies 15Synthesis 18

CHAPTER III Research MethodologyMethods of Research 20Data and Reference Sources 21Collection Teachniques 21

Analytical Treatment of Data 22CHAPTER IV Presentation, Analysis and Interpretation of Data 23CHAPTER V Summary of Findings, Conclusions and Recommendation

Summary of Findings 40Conclusions 42Recommendations 43

Bibliography

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BIBLIOGRAPHY

Primary Sources:

Magallona vs. Ermita, G.R. No. 187167, August 16, 2011.

The 1987 Philippine Constitution

The Unied Nations Conventions on the Law of the Sea of 1982

Secondary Sources

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Ariola, Mariano M., 2006, Principles and Methods of Research

Aviel, J.F., 2005, The Evolution of Multilateral Diplomacy

Bull, H., 1995, The Anarchical Society: A Study of Order in World Politics

Buszynski, Leszek, 2012, The South China Sea: Oil, Maritime Claims, and US-China Strategic Rivalry

Kech, Zachary, 2014, The Diplomat

Klare, Michael T., 2001, Resource Wars: The New Landscape of Global Conflict

Mangone, G.J., 1954, A Short History of International Organization.

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Muldoom, James, Aviel, J., Reitano, Richard and Sullivan, Earl, 2011, The New Dynamics of Multilateralism: Diplomacy, International Organizations, and Global Governance. Webster, C., 1962, The Art and Practice of Diplomacy

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C. Online References

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http://cnnphilippines.com/news/2015/07/06/hague-arguments-philippine-case-explained.html.

http://csis.org/files/publication/140930_Hiebert_PerspectivesSouthChinaSea_Web.pdf

http://globalnation.inquirer.net/106049/historian-reefs-reclamation-chinas-way-to-assert-9-dash-line-claim

http://globalnation.inquirer.net/36003/scarborough-shoal-standoff-a-historicaltimeline

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http://www.un.org/en/documents/charter/chapter1.shtml.

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