An Analysis of Multilateralism and its impact on the Peaceful

Resolution of the West Philippine Sea (South China Sea)

Dispute with the Peoples Republic of China

Presented to:
Judge Charito Sawali

Submitted by Group 1:
Alemania, Krista Belle
Arasula, Leah
Ascalon, Ricardo
Atienza, Joanna Myrene
Biglete, Catherine
Brual, Nico Allen
Buhay, Jhudith

1 | Page

CHAPTER 1
1.1 INTRODUCTION

The Philippines is currently locked-up in a territorial spat with China and the former has
continuously labored to assert its rights in accordance with the 1982 United Nations
Convention of the Law of the Sea. It is a battle between David and Goliath with the
Peoples Republic of China (PRC) aggressively militarizing the area, with its 9-dash
rule, by building artificial islands on atolls and reefs also claimed by the Philippines 1.
The encroachment by China in the Philippine exclusive economic zone and territorial
waters have placed in peril the national interests of the country and its territorial integrity
by denying the entry of Filipino fishermen in traditional fishing grounds and by
occupying territories which the Philippines has claims based on legal grounds backed
up by International Law. Bearing in mind that the Philippines renounces war as an
instrument of National Policy2 and that the prime duty of the Philippine government is to

1 Michael T. Klare, Resource Wars: The New Landscape of Global Conflict, (Macmillan
Publishers,2001) p.422-431
2 CONSTITUTION, Art II, Sec. 2
2 | Page

serve and protect the people3, a diplomatic track and arbitration is necessary to defend
its rights and territorial integrity in the West Philippine Sea. Thus, multilateralism as the
set-up of the 21st century global order will play a key role on determining the outcome
and settlement of disputes in the West Philippine Sea (South China Sea) 4.

1.2BACKGROUND OF THE STUDY

Multilateralism is defined as the practice of policy coordination among three or more

states through formal and informal international governmental institutions such as the
United Nations, the European Union, and nonproliferation regimes or ad hoc
arrangements. It had become a norm of diplomatic practice and a fundamental feature
of

international

organizations,

reflecting

the

structure

and

processes

of

intergovernmental and interstate relations and a core characteristic of the postWorld

War II international order. This order persisted in the 21 st century by the abidance of
State entities for the non-proliferation of symmetric warfare and the continuous resorting
to international forums in settling conflicting interests between member States of the
United Nations5.
3 CONSTITUTION, Art II, Sec. 3
4 Aviel, J.F The Evolution of Multilateral Diplomacy (Boulder, CO: Westview, 2005) pp.15-22
5 James Muldoom, J. Aviel, Richard Reitano, and Earl Sullivan, The New Dynamics of
Multilateralism: Diplomacy, International Organizations, and Global Governance. (Boulder, CO:
3 | Page

It is worth to note that the West Philippine Sea (South China Sea) dispute has garnered
international highlights as the next possible international flashpoint due to conflicting
claims between the Philippines and China over the area which is believed to contain
vast amounts of minerals including oil and natural gas 6. Legal steps has been taken by
the Philippines in order to protect its interests in the area by resorting to an arbitration
case filed before the International Tribunal on the Law of the Sea, challenging the 9dash rule of China which is not grounded nor supported by International Law. The steps
taken by the Philippine government is in abidance with the spirit of international comity
and in accord with the mandate of the United Nations that disputes must be resolved
peacefully. Below is an illustration of the area of conflict and the extent of the claims of
each party:
7

Westview, 2011)pp. 2-23

6 Klare, ocp.cit. p.329
7 Illustration Retrieved from: http://www.cfr.org/china/south-china-sea-tensions/p29790
4 | Page

Chinas 9-dashed lines were first made known by China to its own people in 1947.
China officially submitted a map of its 9-dashed lines to the United Nations only in 2009.
Up to today the 9-dashes, which have been increased to 10 dashes in 2013, have no
fixed coordinates. China has never explained the legal or factual basis of the 9-dashed
lines. Under its 9-dashed lines China asserts control and indisputable sovereignty to
almost 90% of the South China Sea, including Chinas coastal waters outside the 9dashed lines. Of course, this blatantly violates international law because no State could
appropriate for itself the high seas, whether before or after UNCLOS. China is the only
country in the world today that is claiming indisputable sovereignty over the high
seas. 8

From the illustration, it is observed that the 9-dash line rule asserted by China
denies the Philippines access to its Exclusive Economic Zone granted to it by the 1982
UNCLOS. Thus this research presents the impact of multilateralism on reconciling
conflicting interests and settling the dispute in the West Philippine Sea (South China
8 Justice Antonio Carpio, Speech delivered on the 75th Anniversary of the College of
Law,University of San Agustin, Iloilo City (30 August 2014)
5 | Page

Sea). Emphasis is placed on the role that multilateralism will partake in the solutions to
be proposed by the Philippines with China without contradicting the Philippine Foreign
Policy and the Philippine National Interests.

1.3STATEMENT OF THE PROBLEM

This is an analysis of multilateralism and its impact on the peaceful resolution of

the West Philippine Sea (South China Sea) dispute between the Philippines and the
Peoples Republic of China.
More particularly, it endeavors to answer the following questions:
1. What is Chinas 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 Philippines foreign policy?
b. How can multilateral support from the non-claimant states help in the
settlement of territorial conflict with China?

6 | Page

1.4

ASSUMPTIONS OF THE STUDY

The study is based on the following assumptions:

1.

International Organizations such as the United Nations is equipped with

mechanism in settling conflicting interests between member States.

2.

Resolutions promulgated by its UN agencies/tribunals are binding to State

parties in order to uphold solidarity and comity of Nations as a member of the

international community.
3.

Multilateral support to a particular decision promulgated by an agency or

tribunal of the UN brings enforceability to the judgment.

4.

International law governs the 21st century global order.

5.

ASEAN, as a multilateral entity, will support the Philippines in its proposed

solutions in the dispute with China.

7 | Page

1.5

OBJECTIVE OF THE STUDY

This research undertaking investigates and determines the impact of

multilateralism on the peaceful resolution of the dispute between the Philippines and
China. This current geo-political context may provide both challenges and opportunities
in empowering the Philippine interest and for the peaceful resolution of these disputes.
Established cases involving maritime disputes will also be used in the study to provide a
better overview on how multilateralism affected previous settlements of maritime
conflicts.

1.6

SIGNIFICANCE OF THE STUDY

This study is significant in promoting awareness to maritime rights in the West

Philippine Sea (South China Sea) and to the steps taken by the Philippine Government
to secure our rights and territorial integrity against the odds. Also, this will be beneficial
to the academe in providing a multilateral perspective for the peaceful resolution of the
dispute and to highlight the strength of multilateral cooperation in settling between State
entities. More importantly, this research will educate students on what is at stake in the
disputed area and how it will impact the future of the Philippines in economic and
security aspects.
8 | Page

1.7

DEFINITION OF TERMS

In this research, the following are defined as follows:

China

In this research, China refers to the Peoples Republic of China

(PRC) with Beijing as its capital.

Multilateralism

is defined as multiple countries working in concert on a

given issue. Multilateralism was defined by Miles Kahler as international governance of

the many, and its central principle was opposition [of] bilateral discriminatory
arrangements that were believed to enhance the leverage of the powerful over the weak
and to increase international conflict. In 1990, Robert Keohane defined multilateralism
as the practice of coordinating national policies in groups of three or more states. 9

9 International Law Reports, vol. 91, at 584, Lauterpacht & Greenwood eds.1993
9 | Page

Chinas 9-Dash Line-

refers to the demarcation line used initially by the

government of the Republic of China (ROC / Taiwan), and subsequently also by the
government of the People's Republic of China (PRC), for their claims of the major part
of the South China Sea.10

Exclusive Economic Zone (EEZ)- is a sea zone prescribed by the United Nations
Convention on the Law of the Sea over which a state has special rights regarding the
exploration and use of marine resources, including energy production from water and
wind. It stretches from the baseline out to 200 nautical miles (nmi) from its coast.11

High Seas- A term of international and maritime law; the open ocean, not part of the
exclusive economic zone, territorial sea or internal waters of any state. 12

10 Zachary Kech, Chinas 9-dash line, The Diplomat (2014)

11 1982 United Nations Convention on the Law of the Sea, Part V, Art. 55-59
12 Duhaime Legal Dictionary, retrieved from:
http://www.duhaime.org/LegalDictionary/H/HighSeas.aspx
10 | P a g e

Territorial Sea- Waters extending up to 12 miles from the baseline of a coastal state
over which the state exercises sovereignty excepting innocent and transit passage13.
21st Century Global Order- it is a diplomatic term characterized by multilateral
cooperation entered into in accordance with the principles of the United Nations and the
participation of States in the preservation of global peace. 14

CHAPTER 2
REVIEW OF RELATED LITERATURE AND STUDIES

13 Duhaime Legal Dictionary, retrieved

from:http://www.duhaime.org/LegalDictionary/H/TerritorialSea.aspx
14 International Institutions and Global Governance Program World Order in the 21st Century;
A New Initiative of the Council on Foreign Relations May 1, 2008, Retrieved from:
http://www.cfr.org/content/thinktank/CFR_Global%20_Governance_%20Program.pdf
11 | P a g e

This chapter presents a review of related literature and studies which provided
the researcher with ideas related to the stipulated problems in the study.

2.1 LITERATURE

In Chapter 1, Article 1 of the Charter of the United Nations, one of the purposes
of the United Nations is to maintain international peace and security, and to that end: to
take effective collective measures for the prevention and removal of threats to the
peace, and for the suppression of acts of aggression or other breaches of the peace,
and to bring about by peaceful means, and in conformity with the principles of justice
and international law, adjustment or settlement of international disputes or situations
which might lead to a breach of the peace. Another purpose for the creation of the
United Nations was to develop friendly relations among nations based on respect for
the principle of equal rights and self-determination of peoples, and to take other
appropriate measures to strengthen universal peace. The creation of the United
Nations highlights the need for the prevention of the escalation of regional conflicts for
the preservation of international comity and solidarity, and for the preservation of
peace.15
15 Charter of the United Nations , Retrieved from:
http://www.un.org/en/documents/charter/chapter1.shtml
12 | P a g e

As stated by James Muldoon Jr. in the book Return to Multilateralism, 1992, the
proliferation of international organizations during the twentieth century, especially in the
aftermath of World War II, was an important innovation in the governance of
international society. The aforementioned marked a shift from the old international
order, which was based on a commitment of the great powers to manage their political
and security relationships through consultation and negotiations (e.g., the Concert of
Europe), to a new world order, also known as the 21 st Century Global Order, centered
on the United Nations system and a commitment by all states to manage their political,
economic, and social relationships through collaboration (Mangone 1954)16. However,
the fundamental sources of the old international order namely war, the balance of
power, the role of the great powers, international law, and traditional diplomacy
continued to be the effective institutions of international society to which the United
Nations and other international organizations contribute (Bull 1995)17. In other words,
the new order established after World War II reflected a shift in the emphasis placed on
these institutions of international society more on multilateral diplomacy, international
16 G.J. Mangone, A Short History of International Organization. (New York: McGraw-Hill, 1954)
17 H.Bull, The Anarchical Society: A Study of Order in World Politics, 2nd edn. (London:
Macmillan, 1995)
13 | P a g e

law, and the role of the great powers, and less on war and the balance of power and
represented a more refined (perhaps even improved) institutional framework for order
and governance of a rapidly expanding international society (Webster 1962)18. This
book will provide the concept of multilateralism in consideration of the 21 st century
global order and how it will impact the peaceful resolution in the West Philippine Sea
(South China Sea) dispute.

To provide for institutions governing maritime disputes, the member States of the
United Nations convened in order to codify the settled principles of the Law of the Sea
which was embodied in the 1982 UNCLOS. Thus, it is the most comprehensive attempt
at creating a unified regime for governance of the rights of nations with respect to the
world's oceans. The treaty addresses a number of topics including navigational rights,
economic rights, pollution of the seas, conservation of marine life, scientific exploration,
piracy, and more. It further states that in the exclusive economic zone, the coastal State
has sovereign rights for the purpose of exploring and exploiting, conserving and
managing the natural resources, whether living or non-living, of the waters superjacent
to the seabed and of the seabed and its subsoil, and with regard to other activities for
the economic exploitation and exploration of the zone, such as the production of energy
18 C. Webster, The Art and Practice of Diplomacy (New York: Barnes and Noble, 1962)
14 | P a g e

from the water, currents and winds over an area of 200 nautical miles from the
archipelagic baseline.

19

This convention will determine the legal basis of maritime

claims by the Philippines and the Peoples Republic of China, and how it can determine
the proposal to be made with respect to the dispute in the West Philippine Sea (South
China Sea). In the case of Magallona vs Ermita, the Philippine Baseline law (RA.9522)
provides for the extent of the Philippine Territorial Waters in accordance with the
provisions and guidelines provided in the 1982 UNCLOS:
20

This illustration provided in the mentioned case shall guide the researchers on the
extent of the Philippine claims in accordance with the established international law.
19 1982 United Nations Convention on the Law of the Sea, Part V Article 55 - 75
20 Magallona vs. Ermita, G.R. No. 187167, August 16, 2011. Retrieved from: www.lawphil.net
15 | P a g e

A constitution of a country is the fundamental law of the land. No law enacted nor
decisions promulgated will contravene the organic law as the constitution will always be
supreme.

21

The 1987 Philippine Constitution provides under Article 2, Sec. 2, The

Philippines renounces war as an instrument of national policy, adopts the generally

accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations 22.
Also, under the same Article, Sec.7 thereof provides, The State shall pursue an
independent foreign policy. In its relations with other states, the paramount
consideration shall be national sovereignty, territorial integrity, national interest, and the
right to self-determination23. This guiding principle of the Philippine Constitution will
provide the researchers the paramount consideration in proposing for a solution with
China in the West Philippine Sea dispute (South China Sea).
The Business Dictionary defines Foreign Policy as a plan of action adopted by one
nation in regards to its diplomatic dealings with other countries which are established as
21 The Constitution of the Philippines: An Overview (2011) Retrieved from:
https://philippineslaw.wordpress.com/2011/02/01/the-constitution-of-the-philippines-an-overview/
22 CONSTITUTION, Art. II, Sec. 2
23 Ibid.

16 | P a g e

a systematic way to deal with issues that may arise with other countries. 24 Thus, the
purpose of Philippine Foreign Policy is to secure the national interest in our dealings
with foreign nations, regional organizations and international bodies. This has been
done through its three long-established pillars, namely: 1) promoting national security;
2) enhancing economic diplomacy; and 3) protecting the rights and welfare of Filipinos
overseas.25 These long-established pillars will be very important in the present study as
the proposed solution shall conform to the aforementioned and will not in any way
contravene them.

2.2: STUDIES
24 Foreign Policy definition, Retrieved from:
http://www.businessdictionary.com/definition/foreign-policy.html#ixzz3m1C6lBb2
25 Pillars of Philippine Foreign Policy, Retrieved from:
http://www.dfa.gov.ph/index.php/component/content/category/91-philippine-foreign-policy
17 | P a g e

Allen Yu, On Chinas 9-Dashed Line and Why the Arbitrational Tribunal in Hague
Should Dismiss Philippines Case Against China 26, This study provided the background
of Chinas so-called 9-dashed (originally 11 dashes) as first promulgated by the
Republic of China (now known as Taiwain) in 1947 and made officially public in 1948.
The original 11 dashes were changed from 11 dashes to 9 dashes after the
Peoples Republic of China (Beijing) and Vietnam negotiated a settlement in 1953 over
the Beibu Bay area. The Chinese government based its S. China Sea claims on
historical title dating back to the Xia dynasty (21st - 16th B.C.) 27. Also, in this study it
provided how and why China will prevail over the cause of the Philippines regarding the
dispute. This perspective viewed from the Chinese side is essential in determining steps
on how the Philippines can reconcile with China in the proposal for the resolution of the
West Philippine Sea (South China Sea) dispute.

26
Allen Yu, On Chinas 9-Dashed Line and Why the Arbitrational Tribunal in Hague Should
Dismiss Philippines Case Against China, (August 29, 2014)
27
Allen Yu, op.cit. pp.3-9
18 | P a g e

Beina Xu, South China Sea Tensions28, the study pointed out, that the South
China Sea holds proven oil reserves of at least seven billion barrels and an estimated
900 trillion cubic feet of natural gas (World Bank), which offers tremendous economic
opportunity for smaller nations like Malaysia, the Philippines, and Vietnam, and energy
security for China's large, growing economy. The immediate source of conflict in the
region is competition over resources, said David Rosenberg, professor of political
science at Middlebury College. There are roughly half a billion people who live within
100 miles of the South China Sea coastline, and the volume of shipping through its
waters has skyrocketed as China and ASEAN nations increase international trade and
oil imports. The need for resources, especially hydrocarbons and fisheries, also has
intensified economic competition in the region, particularly given the rapid coastal
urbanization of China. "Behind it all, it's essentially the industrial revolution of Asia,"
Rosenberg said. "And the South China Sea has become the hub of that." 29 This study
will provide for additional considerations in proposing for a resolution in settlement of
disputes with the Peoples Republic of China in the West Philippine Sea (South China
Sea)

28
Beina Xu, South China Sea Tensions, (Council on Foreign Relations, May 14 2014)
29
Xu, op.cit. p.5
19 | P a g e

Senior Associate Justice Antonio T. Carpio, The Rule of Law in the West
Philippine Sea Dispute30, reiterated that the Rule of Law in the West Philippine Sea
dispute is UNCLOS. Thus, it stated that Chinas 9-dash line cannot simply co-exist with
UNCLOS. The arguments presented by Justice Carpio in his speech impliedly stated
the need to pursue a multilateral approach by resulting to international forums because
those proposed by China is subject to conditions unfair and prejudicial to the interests of
the Philippines. Such proposal, in the form of joint development, constitutes a bilateral
approach in resolving the said dispute. This will provide a better opportunity to the
researchers to highlight the importance of multilateralism on the settlement of disputes
in the West Philippine Sea.

30
Justice Antonio T. Carpio, The Rule of Law in the West Philippine Sea Dispute, (Speech
delivered before the Philippine Bar Association 29 August 2013)
20 | P a g e

2.3: THEORETICAL FRAMEWORK

This analysis shall use the International Relations Theory in explaining the
conduct of States with regards to advancing its National Interests and reaching for a
compromise in attaining a resolution which is attainable

21 | P a g e