Introduction
The Philippines places a strategic value on the South China Sea since it is essential for international commerce, resource access, and regional security. Brunei, China, Taiwan, Indonesia, Malaysia, the Philippines, and Vietnam are the claimants that have been embroiled in a protracted territorial dispute in the South China Sea. Being a prominent player in this struggle, the Philippines must develop a foreign policy strategy that safeguards and develops its interests while also avoiding war with China.
China has been increasingly assertive in its claims to the South China Sea and has built up its military presence in the region. The Philippines should be prepared to respond to any Chinese provocations, but should also seek to avoid escalating tensions.
This policy paper seeks to provide the Philippines with a thorough and practical foreign policy framework on the South China Sea problem. It seeks to develop a clear and consistent strategy to safeguard the national interests of the Philippines, advance regional stability, uphold international law, and foster stronger bilateral and multilateral relationships. It does so while acknowledging the volatility of this maritime dispute and the need for a peaceful resolution.
This foreign policy framework would allow the Philippines to assert its legal rights in the South China Sea, while also building trust vis-a-vis China and promoting an amicable settlement of the problem. It would also be consistent with the Philippines' long-standing commitment to multilateralism and regional cooperation.
What is the Difference Between the terms “South China Sea” and “West Philippine Sea”?
The terms “West Philippine Sea” and “South China Sea” both refer to the same body of water; the distinction rests in the nomenclature conflicts around these designations. For the purposes of this paper, we will use the term “South China Sea”.
The South China Sea is a large body of water known surrounded by several nations, inclusive of China, Taiwan, Vietnam, the Philippines, Malaysia, Brunei, and Indonesia. It is blessed with abundant natural resources, notably huge oil and gas deposits, and is regarded as a key trade route. Needless to say, the South China Sea's ownership and management, have been points of controversy amongst the aforesaid regional nations.
The area of the South China Sea that is inside the Philippines' exclusive economic zone (EEZ) is referred to as the West Philippine Sea. According to the Philippine government, the United Nations Convention on the Law of the Sea (UNCLOS) defines its Exclusive Economic Zone (EEZ) as extending up to 200 nautical miles from its coastline baseline. This comprises shoals, islands, and other physical formations like the Spratly Islands and the Scarborough Shoal. In order to demonstrate its sovereignty over these areas and set itself apart from China and other nearby nations' claims, the Philippines advocates the use of the name “West Philippine Sea”.
Although the West Philippine Sea is the particular word used by the Philippines to maintain its claim to a section of the South China Sea inside its EEZ, the South China Sea is a general term used to refer to a broader geopolitical region.
2. Policy Objectives:
a) Protect territorial integrity and sovereignty. This policy must protect the country's sovereignty and territorial integrity in conformity with international law, notably the United Nations Convention on the Law of the Sea (UNCLOS).
b) Encourage peaceful settlement. The Philippines underlines the need for a peaceful resolution via multilateral discussions, communication, and diplomatic channels to settle problems in the South China Sea.
c) Strengthen regional stability. In order to avoid conflict from escalating, the policy should work to strengthen regional stability and encourage cooperation and mutual confidence among claimant nations.
d) Protect economic and resource interests. The policy should uphold the Philippines' legal authority over pertinent maritime zones in order to safeguard its economic and resource interests in the South China Sea.
e) Promote multilateral collaboration. To solve the Philippines’ South China Sea concerns on a regional and ultimately global scale, the policy should promote cooperation with other nations via multilateral organizations, including the Association of Southeast Asian Nations (ASEAN) and other regional forums.
3. Policy Directives
a) Assert rights and promote adherence to international rules, such as UNCLOS, as the foundation for conflict resolution. This is what the Philippines should do in order to uphold international law.
b) Create legal and diplomatic strategies. The policy framework should include tactics for advancing diplomatic discussions, taking part in arbitration or court cases where required, and strengthening ties with regional and international allies.
c) Maintain bilateral engagement with China. The Philippines should keep lines of communication open with China while defending its rights and interests through bilateral discussions, steps to foster mutual trust, and long-term collaboration.
d) Strengthen multilateral engagements. To increase the Philippines' bargaining leverage and advance a united stance on the South China Sea problem, this policy framework places an emphasis on forming strategic alliances with like-minded nations. It is important to actively participate in ASEAN-led forums, including the East Asia Summit and the ASEAN Regional Forum, in order to promote cooperation and preserve regional interaction.
ASEAN is an indispensable forum for the Philippines to work with other claimant states to resolve the South China Sea disputes. The Philippines should continue to support ASEAN unity and should work with other ASEAN members to develop a Code of Conduct for the South China Sea.
e) Maximize economic leverage. The Philippines could look into trade agreements or economic incentives that foster regional integration and peaceful settlements, thereby forming cooperative partnerships with other claimant nations and outside players.
Market integration has a variety of positive societal effects, including enhancing competition in the financial services industry and expanding the range of investment choices and financial services accessible to consumers.
In particular, it could:
1. Strengthen regional trade agreements.2. Build up connectivity and infrastructure.
3. Promote tourism and people-to-people exchanges.
4. Facilitate cross-border investment.
5. Enhance regional cooperation.
6. Engage in regional supply chains.
7. Encourage sustainable development.
4. Policy Application
a) Domestic legislation and agency coordination. To uphold and defend the Philippines' rights in the South China Sea, the policy framework suggests drafting new legislation or improving existing laws. The government should also improve cooperation between relevant government agencies, such as the Department of Foreign Affairs, the Department of Defense, and the Philippine Coast Guard, in order to execute the strategy efficiently.
b) Conducting popular diplomacy and information campaigns. The policy places a strong emphasis on the value of these initiatives in fostering popular awareness and generating support for the government's strategy for settling the South China Sea dispute.
c) Strengthening defense capabilities. Although diplomacy is the best course of action, the policy framework urges the government of the Philippines to strengthen and modernize its naval defense capabilities in order to guarantee national security and safeguard its interests in a shifting geopolitical landscape.
e) Reiterating the Philippines' legal claims to the South China Sea. The Philippines has a strong legal case for its claims in the South China Sea, based on the United Nations Convention on the Law of the Sea (UNCLOS). The Philippines should continue to assert its legal rights in the South China Sea, and should work with other claimant states to find a peaceful resolution to the disputes.
In particular, it could:
• Publish reports and articles on the legal basis of its claims. This would help to raise awareness of the Philippines' legal position and build support for its position.
• Organize conferences and workshops on the South China Sea dispute. This would provide a forum for the Philippines to share its legal arguments with other countries and stakeholders.
• Attend international meetings and conferences on the South China Sea. This would allow the Philippines to raise its legal claims in front of a wider audience.
• File additional legal challenges against China. The Philippines could file additional legal challenges against China in the PCA or other international tribunals.
f) Strengthening security cooperation with the United States. The United States is the Philippines' closest ally, and the two countries have a mutual defense treaty. The Philippines should strengthen its security cooperation with the United States, in order to deter China from further asserting its claims in the South China Sea.
In particular, it could:
• Expand the Enhanced Defense Cooperation Agreement (EDCA). EDCA is a 2014 agreement that allows the United States to rotationally deploy troops and equipment to the Philippines.
• Expand joint military exercises with the US. The Philippines and the United States already conduct regular joint military exercises. These exercises can be expanded to include more complex scenarios and cover a wider range of options.
• Purchase more American-made weapons and equipment. The Philippines can purchase more American-made weapons and equipment to improve its military capabilities. This would help to ensure that the Philippines' military is interoperable with the United States military.
• Share intelligence. The Philippines and the United States can share intelligence on the South China Sea and other regional security issues. This would help both countries better understand the threats they face and coordinate their responses.
• Work together on maritime law enforcement. The Philippines and the United States can work together to improve maritime law enforcement in the South China Sea. This would help to deter illegal activities such as fishing and smuggling.
g) Pursuing further economic cooperation with China. China is the Philippines' largest trading partner, and the two countries have a number of economic interests in common. The Philippines should pursue economic cooperation with China, in order to reduce tensions and build trust between the two countries.
In particular, it could:
• Enhance existing trade agreements. The Philippines and China already have a number of trade agreements in place, such as the ASEAN-China Free Trade Agreement (ACFTA) and the China-ASEAN Investment Agreement (CAIIA). These agreements can be enhanced to lower tariffs and other barriers to trade.
• Negotiate new trade agreements. The Philippines and China could also negotiate new trade agreements, such as a bilateral free trade agreement. This would create new opportunities for trade and investment between the two countries.
• Invest in infrastructure. China is investing heavily in infrastructure in the Philippines, such as roads, bridges, and power plants. The Philippines can encourage this investment by providing attractive investment terms and by streamlining the regulatory process.
• Promote tourism. The Philippines is a popular tourist destination for Chinese tourists. The Philippines can promote tourism by improving its tourism infrastructure and by marketing the Philippines to Chinese tourists.
• Cooperate in science and technology. The Philippines and China can cooperate on science and technology, such as by sharing research and development resources and by working together on joint projects. This would help to boost innovation and economic growth in both countries.
h) Working with ASEAN to promote a peaceful resolution to the disputes. ASEAN is a regional organization of Southeast Asian countries, and the Philippines is a member. The Philippines should work with ASEAN to promote a peaceful resolution to the South China Sea disputes. This could include developing a Code of Conduct for the South China Sea, which would set out rules for the behavior of the claimant states in the disputed waters.
Conclusion
5. To conclude, the South China Sea problem presents the Philippines with considerable difficulties and necessitates the development of a thorough and coherent policy framework. The proposed policy framework seeks to defend the Philippines' sovereign rights, advance regional stability, and aid in a peaceful resolution by placing a strong emphasis on international law, encouraging peaceful negotiations, assertively defending national interests, fortifying alliances, and engaging in multilateral cooperation.
The South China Sea is a complex and challenging issue for the Philippines. However, by following the framework demarcated above, the Philippines can astutely craft a foreign policy that will protect its interests in the South China Sea, while also promoting peace and stability in the region.
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