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DTSTART;TZID=Asia/Kolkata:20150716T053000
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SUMMARY:Eminent Persons' Lecture Series - Lecture by HE Mr Evan Garcia on "Issues of South China Sea and Future Prognosis: A Philippine Perspective"
DESCRIPTION:About the Speaker\nEvan P. Garcia is Undersecretary for Foreign Affairs\, Department of Foreign Affairs\, Republic of the Philippines \n\nI would like to thank the Institute for Defence  Studies and Analyses for the kind invitation to be part of today’s discussion.   \nI am immensely pleased and honored to join the  list of Eminent Persons who have delivered lectures before and interact with  the distinguished fellows and associates of this Institute on important and  relevant issues. \nDialogue and discussion \nI cannot overemphasize the importance of  dialogue and the need to provide a venue for the open discussion of difficult  and sensitive subjects.  \nThrough dialogue and discussion\, we can hope to  gain a fuller understanding and better appreciation of the immense challenges  that confront and confound nations and the international community.  \nIn the multiplicity of perspectives and in the  discussion of diverse ideas\, we can seek and identify points of convergence and  common action. \nIndeed\, even opposing views do not necessarily  lead parties to a standstill. Neithershould they lead to a standoff. On the  contrary\, when properly harnessed and framed\, divergent views – for the willing  and for those with an open mind – can create trust\, mutual understanding and  the political space for moving forward together. \nThrough genuine dialogue and forthright  discussion\, we avoid the needless clash brought about by intransigent positions  and – together – harness the power of collective critical thinking. \nCertainly\, the ASEAN-India Centre and the  Institute of Defence and Security Analyses play this critical and vital role:  In encouraging the open exchange of ideas\, the Centre and Institute serve as  thought drivers that help inform both foreign policy makers and the public  alike.    \nIn this context\, I welcome this opportunity to  share with you the Philippine perspective on issues on the West Philippine  Sea/South China Sea. \nAsia: New Realities and Evolving Challenges\nAsia has undergone and continues to undergo  fundamental changes that have invited the world’s renewed attention and focus. \nDespite the diversity and differences in  political and economic systems\, it has transformed itself into a vibrant region  thatnow encompasses almost half of the world’s population\, threeof the world’s  top 10 economies (China\, Japan and India)\, more than a fifth of the world’s  GDP\, a third of the world’s exports and almost half of the world’s maritime  tonnage.  \nShould Asia sustain the momentum of its growth  \, the region is projected to achieve an even greater role as an epicenter of  global prosperity by 2050\,  producing  over half of the world’s GDP and accounting for half of  the world’s output\, trade and investment\, by  that time according to the Asian Development Bank. \nIndeed\, the objectives of achieving progress  and prosperity in Asia are becoming less and less aspirational in nature and  the desire to further strengthen economic performance is becoming more and more  a defining basis for closer relations between countries in the region. \nBut while Asia’s economic ascent appears on  track\, China’s recent stock market problem notwithstanding\, serious challenges  remain and the onward advancement can be derailed.  \nPolitical insecurity and simmering tensions  within the region threaten Asia’s dynamism. The situation in the DPRK remains a  continuing concern and disputes over territory and maritime entitlements –  including in the South China Sea and the Philippines’ portion of it\, the West  Philippine Sea- are becoming red flags for possible flashpoints. \nThat the power relations in the Asian region  continue to be in a state of flux complicates attempts to address both traditional  and emerging challenges to stability in the region.We are witnessing now the  new reality of a regional architecture with an increasing number of players and  stakeholders being reconstructed and built along many lines of engagement.  \nWe see the rise of China that has stronger  economic clout\, greater political influence and developing military might; a  United States that has rebalanced itself to Asia and is reinforcing its  position as a Pacific power; a resurgent Japan that is reassessing its own  self-defense posture; an India that is looking and acting East; a Russia that  is increasing its capabilities in the region; and an ASEAN that is on its way  to establishing its own Economic Community.  \nAgainst this backdrop of relations\, the imperatives  for economic interdependence provide the driving incentive for nations to be  drawn together\, but the compulsion to assert sovereign interests at the same  time also acts as apowerful force keeping certain regional shareholders apart.  Nowhere is the interplay of these factors  more evident and critical than in the South China Sea.  \nEconomic progress alongside geopolitical  security tensions\, this is the East Asian dichotomy\, our new reality with which  we must all grapple.   \nSouth China Sea: Resources and Access \nAsia’s economic success rides heavily on the freedom  of navigation and overflight of its waters\, particularly in the South China Sea.  \nBoth commercial and naval vessels ply these waters  serving as a crucial nautical highway\, the South China Sea is nothing short of  being a vital artery in connecting and integrating production bases and  markets. \nConsider the following:  \n\nAs a semi-enclosed sea\, the SCS provides rich fishing grounds for the nationals of littoral states.  Over 500 million people in China\, Hong Kong\, Taiwan\, Viet Nam\, Malaysia\, Singapore\, Indonesia\, Brunei and the Philippines live within 100 miles of the SCS. Many of them depend on the SCS for sustenance and livelihood.\nThe SCS currently accounts for one-tenth of the world’s global fisheries catch and hosts a multi-billion dollar fishing industry.  The SCS also has ecological importance.  The coral reefs in the SCS provide breeding ground for high-value fisheries and support the sustainability of the waters as fishing grounds. \nThe SCS serves as trade channels and economic lifelines used for global commercial shipping energy transportation and naval fleets.\nIts importance as a Sea Lane of Communication (SLOC) cannot be over-stated:  By cargo tonnage\, more than half of the world’s merchant fleet passes through SCS; around 40\,000 ships pass through the SCS every year. Sea traffic is three times that of the Suez Canal and 15 times that of the Panama Canal.\nFor international trade shipping in the SCS\, goods volume of raw material and food takes up more than 90% of total freight volume. \nThe SCS is one of the most important energy trade routes in the world with over a third of crude oil and liquefied natural gas (LNG) passing through it annually. Large quantities of coal from Australia and Indonesiaalso pass through the SCS to markets around the world\, especially to China\, Japan and India.  These coal shipments include both steam coal used for generating electricity and process heat as well as metallurgical coal that is a key ingredient in primary steel production.\nThe SCS is said to have11 billion barrels of oil and 190 trillion cubic feet of natural gas in proved and probable reserves.\n  \n\nSouth China Sea: The Stakes Involved \nClearly\, the interests of many nations come to  a head in the SCS.  Given the resources  and the access issues involved\, exercising the ability to explore\, develop and  utilize the resources therein – or preventing others from doing so – constitutes  a major point of sovereign concern for many nations.   \nThe dispute in the South China Sea – rooted in  conflicting territorial claims over islands\, rocks and reefs above water at  high tide as well as conflicting maritime claims over maritime zones –directly  involve Brunei Darussalam\, China\, Malaysia\, the Philippines\, Viet Nam\, and the  Chinese province of Taiwan.  \nIncreasingly aggressive\, belligerent and  expansive behavior by one claimant\, in particular\, namely China\, is provocative  and further complicates an already tense milieu.  \nBeijing’s recent actions are clearly intended  to change the status quo in the South China Sea to its unilateral advantage. \nChina asserts “indisputable sovereignty” over  the islands and waters of almost the entire South China Sea as seen in its  9-dashed line claim. \nThese 9-dashes – with no corresponding fixed  coordinates – form a U-shaped area of the South China Sea. These encompass and  enclose almost 90% of the entire South China Sea.  China’s 9-dash line claim seeks to convert  the South China Sea into Beijing’s lake.  \nAsserting its “indisputable sovereignty” over  the 9-dashed line area\, China is preventing other countries from exercising  their maritime rights over South China Sea’s waters which otherwise would have  been allowed under the United Convention on the Law of the Sea (UNCLOS).  \nAs we all know\, UNCLOS provides for the rights  and responsibilities of nations with regard to the world’s waters.  UNCLOS was established precisely to give  order to the use of the world’s waters and to regulate the behavior of States  in the use of these waters.  \nWith 166 States Parties\, UNCLOS is considered  the constitution of the world’s oceans\, adherence to the principles and  provisions of which are key to the sustainable and orderly use of the world’s  waterways\, including in the South China Sea.  \nUNCLOS prescribes the behavior and provides the  rights and entitlements of littoral states and other stakeholders in various  zones – from the territorial sea\, to the contiguous zone\, to the 200 nautical  mile-exclusive economic zone\, the continental shelf and in the areas beyond  national jurisdiction. \nYet with its 9-dash line assertion in the South  China Sea\, Chinaeffectively appropriates to itself the enjoyment and exercise  of maritime rights in the islands and features and all the waters surrounding  them\, to the exclusion and detriment of the littoral states’ and even of states  desiring innocent passage or overflight.  \nIn plain and simple terms\, the 9-dash lines has  this effect on the maritime rights of the littoral states in the South China  Sea: The Philippines loses about 80% of its EEZ facing the West Philippine Sea;  Malaysia loses also about 80% of its EEZ facing the South China Sea\, as well as  most of its active gas and oil fields in the same area; Vietnam on the other  hand loses about 50% of its total EEZ; Brunei Darussalam loses about 90% of its  total EEZ; and Indonesia loses about 30% of its EEZ facing the South China Sea  in Natuna Islands\, whose surrounding waters comprise the largest gas field in  Southeast Asia.  \nRecently\, China has likewise strongly asserted  itself in the South China Sea by accelerating the building of artificial  islands through massive reclamation over disputed submerged features. Now\,  China’s clear intent to build on these artificial islands and to militarize the  area has become apparent. \nThis has resulted in counter-actions from other  statesthat do not recognize China’s assertion of sovereignty over these  features.  \nAn unstable South China Sea does not advance  the interest of any claimant state nor of the international community.  Instability in the South China Sea is not a  permanent condition that the Philippines desires. What the Philippines aspires  to is to bring greater stability and more predictable behavior in the South  China Sea based on the rule of law.   \nIt is with this goal in mind that the  Philippines is undertaking a two-pronged approach to the situation in the South  China Sea grounded firmly on adherence to the rule of law: firstly\,tension reduction; and secondly\, peaceful settlement of disputes. \nPhilippine diplomacy and tension reduction \nThe Philippines seeks to reduce tension between  and among the claimants of the South China Sea and is harnessing its entire  diplomatic machinery to meaningfully engage stakeholders in bilateral and  multilateral fora. \nAs a founding member of the United Nations and  the Association of Southeast Asian Nations (ASEAN)\, the Philippines is committed  to easing friction between and among states in dispute.  \nIn disputes\, conflict should never be  considered inevitable. Disputes should be an opportunity to engage concerned  parties in dialogue.  \nIn the South China Sea issue\, the Philippines  placesimportance on the building of a rules-based regional architecture\, given  the complexity of the issue and the number of stakeholders involved both within  and outside the South China Sea. \nWhile the region continues to evolve\, ASEAN’s  central role – and its relations with dialogue partners – will continue to be  vital. And indeed\, ASEAN has provided the opportunity for the Philippines to  pursue the reduction of tension in the South China Sea.  \nThe Declaration on the Code of Conduct (DOC) in  the South China Sea brought ASEAN and China together to determine ways of  addressing the simmering tension in the area.   \nWhile there is room  for greater positive and practical results based on the DOC\, the timely  conclusion of a Code of Conduct in the South China Sea remains unattainable  owing to China’s seeming reluctance to engage in frank and open discussion through  multilateral negotiations.  \nThe Philippines is nevertheless committed to  pursue this track.  \nDiplomacyand the Peaceful Settlement of  Disputes\nThe Philippines believes firmly that the  international legal framework exists to provide better clarity to issues in  dispute and that\, equally as important\, this international legal framework  exists to encourage States to participate meaningfully and achieve the peaceful  settlement of disputes.  \nThe Philippines places great faith on the equalizing  power of international law. Resort to the rule of law allows small countries\,  such as my own\, to stand on an equal footing with wealthier and more powerful  States\, confident in the conviction that right prevails over might.   \nAs such\, the Philippines is undertaking the  legal track\, provided for under UNCLOS\, to seek better clarity of the issues  involved in the South China Sea.  \nI wish to point out  that we resorted to arbitration after our many bilateral exchanges with China  to resolve our dispute did not prosper. China has unreasonably insisted that  the Philippines must recognize and accept its sovereignty over the entire South  China Sea before meaningful discussion of other issues could take place. \nIt has been claimed as  well – almost as gospel truth by certain Chinese officials and academicians –  that Asians do not go to court against each other. Singapore’s Ambassador at  large Tommy Koh pointed out that this is incorrect\, citing that Southeast Asian  countries have a positive track record of referring their disputes to the  international legal process\, among them: The PreahVihear case between Cambodia  and Thailand; The Sipadan and Ligatan case between Indonesia and Malaysia; The  PedraBranca/PulauBatuPuteh case between Malaysia and Singapore; and\, the  Myanmar Bangladesh case. \nAdditionally\,  Ambassador Koh also cited the positive attitude of South Asia towards dispute  settlement\, with India leading the way. \nFormer ITLOS  President ShunjiYanai shares Ambassador Koh’s observation\, saying that based on  the cases submitted to the ICJ and ITLOS\, Asian States have become important  and active clients of third-party settlement procedures\, especially in the  field of law of the sea\, implying how important the rule of law at sea is for states  in Asia.  \nThe Philippines too is mindful that under the  1982 Manila Declaration on the Peaceful Settlement of International Disputes\,  recourse to judicial settlement of legal disputes\, should not be considered an  unfriendly act between States.  \nWith these objectives in mind\, the Philippines  brought the issue of the South China Sea for arbitration under the UNCLOS.  \nSuch an effort deserves support of stakeholders  and the international community because the case seeks to clarifyissues on the  rights and entitlements of States regarding in the South China Sea. \nThe arbitration case likewise deserves support  because the proceedings will serve to strengthen the role of UNCLOS as the  constitution of the world’s oceans. Resort to arbitration will also strengthen  the international legal regime upon which more and more states have been  resorting too.  \nAs I indicated earlier\, India\, in particular\,  has shown the way for Member States to adhere to the rule of law and to seek  the peaceful settlement of international disputes.  \nIn bringing the case of the Maritime Boundary  in the Bay of Bengal to court\, India has respected fully the decision of the  ITLOS.   \nApart from this case\, India has\, by its own efforts  also sought to settle border disputes peacefully as in the case of the Land  Border Agreement between Bangladesh and India which was recently ratified.  \nThe South China Sea dispute\, because of its  global significance\, has attracted increasing concern from the international  community as well. ASEAN\, the EU\, some individual European countries\, the G-7\,  the United States\, Japan and India have all expressed such concerns.  They have also called for the reduction of  tensions\, for the avoidance of destabilizing activities and for the peaceful  settlement of disputes. \nThe Philippine Arbitration Case\nIn bringing the case to arbitration\, the  Philippines wishes to make it clear that is not seeking a resolution of  territorial sovereignty issues.  \nThe Philippines understands that the  jurisdiction of the tribunal convened under UNCLOS is limited to questions that  concern the law of the sea.  \nIn bringing the case to arbitration\, the  Philippines holds that the China’s 9-dash line claims are illegal\, expansive  and arbitrary. \n  The Philippines claims are as follows: \n\nChina is not entitled to exercise what it  refers to as “historic rights” over the waters\, seabed and subsoil beyond the  limits of its entitlements under the Convention\nThe so-called nine dash line has no basis  whatsoever under international law insofar as it purports to define the limits  of China’s claim to “historic rights”;\nThe various maritime features relied upon by  China as a basis upon which to assert its claims in the South China Sea are not  islands that generate entitlement to an exclusive economic zone or continental  shelf.  Rather\, some are “rocks” within  the meaning of Article 121\, paragraph 3; others are low-tide elevations; and  still others are permanently submerged. As a result\, none are capable of  generating entitlements beyond 12NM\, and some generate no entitlements at  all.  China’s recent massive reclamation  activities cannot lawfully change the original nature and character of these  features\nChina has breached the Convention by  interfering with the Philippines’ exercise of its sovereign rights and  jurisdiction; and\,\nChina has irreversibly damaged the regional  marine environment\, in breach of UNCLOS\, by its destruction of coral reefs in  the South China Sea\, including areas within the Philippines’ EEZ\, by its  destructive and hazardous fishing practices\, and by its harvesting and poaching  of endangered species.\n\nPhilippine Aspirations \nIn pursuing this arbitration case\, the  Philippines believes that a ruling will benefit not only the direct  stakeholders but also the entire international community.  \nBy ruling on the validity of the 9-dash lines\,  the maritime entitlements for the littoral states and those that depend on the  South China Sea as an international waterway will be clarified.   \nThis is an initiative\, therefore\, that deserves  the support of the entire international community. \nIt is important for all concerned friends\,  including India\, to do their utmost to promote a regional security architecture  built squarely on the rule of law\, and in the case of the South China Sea\, on  the UNCLOS.  \nThe dialogue-centered approach espoused by  India to security cooperation in our region remains relevant\, bearing in mind  the diversity and plurality of security systems in the Asia-Pacific.  \nThat India has an important role to play in  this regard has been recognized. In fact\, India has been urged by ASEAN to  assume a greater role in the regional security architecture. \nIndia recognized this cap and launched its Look  East Policy over two decades ago. This was followed by the Act East Policy  which India announced recently. \nIndia’s efforts to implement its Act East  Policy through concrete action is commendable\, particularly one promoting  greater connectivity between our regions\, including through the successful  implementation of the Master Plan on ASEAN Connectivity.  \nThe day when our people travel more frequently  between our countries will be the day when India and ASEAN will cease being  relative strangers to one another.  \nIndeed\, only when we join together in the  endeavors that strengthen the international legal framework and encourage  nations to resort to the mechanisms identified can we hope to have a more  peaceful and stable world. \nIt is during these times that a country that is  known for erecting walls must recognize the importance of building bridges of  dialogue. \nThe Philippines’commitment to the rule of law  and the peaceful settlement of disputes remains steadfast.  \nIndia can count on the Philippines to advance  this principled position\, as well.  \nThe Philippines is confident of India’s  steadfastness in supporting the rule of law and the peaceful settlement of  disputes.
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