A maritime law expert has emphasized the need for the Philippine government to take decisive action against China’s illegal and aggressive activities in the West Philippine Sea (WPS). Professor Jay Batongbacal, an esteemed figure in the field and the executive associate dean of the University of the Philippines College of Law, believes that if China continues its provocative actions, the government should consider halting and annulling existing Chinese business operations in the country.
The aggressive actions carried out by the China Coast Guard (CCG) and Chinese Maritime Militia (CMM) ships in the WPS have raised concerns among legal experts and policymakers. Professor Batongbacal suggests that one possible course of action is to cancel Chinese investments and contracts in the Philippines, including the joint oil and gas exploration in the South China Sea (SCS).
In 2018, the Philippines and China expressed their intent to explore oil and gas assets in the South China Sea. However, former President Rodrigo Duterte later revealed that President Xi Jinping had agreed to consider a 60-40 scheme in favor of Manila if the Philippines set aside the 2012 arbitral ruling that favored the country over the maritime dispute in the SCS. Unfortunately, discussions were terminated due to constitutional limitations.
During his recent state visit to China, President Ferdinand Marcos Jr. conveyed Manila’s readiness to restart negotiations. Professor Batongbacal argues that the government should also consider shutting down all Philippine offshore gaming operators (POGOs), which are already illegal in China.
Professor Batongbacal further highlights the trade imbalances between the Philippines and China. He points out that the Philippines is at a disadvantage since China primarily benefits from raw materials like nickel and exports such as semiconductors and electrical components. To address this, he suggests exploring other countries as potential export markets for these natural resources.
While there may be negative implications, such as the need to find alternative sources for consumer goods, Professor Batongbacal believes that making these adjustments is a necessary sacrifice for the sake of standing up for the country’s rights. He emphasizes that the Philippines should not allow itself to be intimidated and must be prepared to endure hardships if it means asserting its sovereignty.
Regarding the actions of the CCG in Bajo de Masinloc and Ayungin Shoal, Professor Batongbacal supports President Marcos’s assertion that these activities are illegal. He emphasizes that the Philippines has the exclusive right to conduct resupply operations to Filipino troops aboard BRP Sierra Madre, as it has jurisdiction over features covered by its exclusive economic zone (EEZ). No other nation has the right to interfere in these operations.
As tensions continue to rise in the West Philippine Sea, it is crucial for the Philippine government to consider these recommendations from legal experts like Professor Batongbacal. Taking a firm stance against China’s aggressive actions and ensuring the protection of the country’s rights and resources is of utmost importance.
Source: The Manila Times
