International law? I better call my lawyer; he didn't bring that up to me.- George W. Bush
The title of today’s column is a take on the epic American movie entitled “How the West Was Won”.
In this movie, three great directors and an all-star cast combine their talents to create a widely-acclaimed panorama of how the American West was won - and lost.
It is a family saga covering several decades of westward expansion in the nineteenth century - including the Gold Rush, the Civil War, and the building of railroads.
As an analogy, the conflicting claims on the West Philippine Sea can last decades and span several generations. There is a long time within which to come up with solutions benefiting both claimants.
The above-quoted words of President Bush show why international law can be confusing to and misunderstood even by Presidents.
President Rodrigo Duterte recently stated that the only way to recover territory now occupied by China would be to use force. The Philippines is not in complete possession of the West Philippine Sea, he admitted.
“But you know the issue of the West Philippine Sea remains to be a question forever — until such time that you know, we can take it back. For me, there’s no other way but war,” he added.
“If we promote a war against China, and America is involved, maybe it would be quick. But at what cost to us? And that’s the problem.But we can retake (the sea) only by force,” he explained.
These statements are full of implications. We can cite some of them here.
For starters, the obvious presumption is that the area is part of the territory of the Philippines. There is recognition that China occupies a large portion of this territory.
Also, the only way the Philippines can recover it is by force, meaning by violent means.
Therefore, diplomacy cannot lead to its recovery. If this is the official government position, what options are open for the Philippines?
Note that these statements concern territory. Using the area for fishing is another story altogether.
Thus, while the President announced his recognition that China occupies parts of the area, the government revealed a P8.8-billion program for the "environmental protection, security, safety and sustainable development" in Kalayaan.
The government has established Fishery Management Areas to conserve and manage fish resources in Philippine waters.
Local government units near the area, the Department of Agriculture, the Department of Environment and Natural Resources, and the Interior and Local Government Department will coordinate this program.
"The DENR has further proposed the declaration of a marine protected landscape and seascape covering the Pag-asa Islands and eastern parts of the Kalayaan Island Group," the National Task Force for the West Philippine Sea (NTF-WPS) explained.
The task force was referring to the islands within the Philippines’ Exclusive Economic Zone (EEZ).
Corollary to this is the statement that the deployment of additional vessels and aircraft in the area aims to intensify operations against illegal, unreported, and unregulated fishing and to increase the safety of life at sea operations.
Note again that this task force does not mention protecting Philippine territory and sovereignty.
This action by the task force came after it monitored at least 240 Chinese ships located in the West Philippine Sea.
President Rodrigo Duterte adopted friendly relations with China from the time he assumed office in 2016. He seemed to set aside the maritime disputes in favor of economic aid and investments supposed to be granted by China.
However, in a change of stance recently, President Rodrigo Duterte said that he would send warships to “stake a claim” in the disputed West Philippine Sea if China starts drilling for oil and taking other resources from the area.
The track adopted by the Philippine government adheres to the strategy of peaceful resolution of this conflict. This quotation from a former Philippine President is instructive:
“Both President Obama and I shared the conviction that territorial and maritime disputes in the Asia Pacific region should be settled peacefully based on international law. We affirm that arbitration is an open, friendly, and peaceful approach to seeking a just and durable solution “- Benigno Aquino III