Pursue the Arbitral Award

As we mark the eighth anniversary of the Philippines’ landmark victory at the Permanent Court of Arbitration, the national government finds itself at a crossroads.

Former Solicitor General and Supreme Court Justice Francis H. Jardeleza of Iloilo City has laid out a compelling case for renewed legal action against China, driven by the environmental devastation wrought in the South China Sea.

His call to file a new legal challenge highlights both the necessity and the legal soundness of such a move, especially in light of recent provocations from Chinese scholars.

Jardeleza’s legal acumen is well-founded.

The Chinese study alleging environmental harm from the BRP Sierra Madre’s corrosion and alleged sewage dumping in Ayungin Shoal ironically opens the door for the Philippines to showcase the extensive ecological damage caused by China’s aggressive island-building activities.

This self-incriminating report can be a pivotal element in a new case, shifting the focus back to China’s broader environmental violations.

The 2016 Arbitral Award remains a significant, yet underutilized, victory for the Philippines. It affirmed our sovereign rights within our exclusive economic zone, invalidating China’s sweeping claims over the South China Sea.

However, the lack of follow-up action from successive administrations has allowed China to continue its environmentally destructive activities with impunity.

Jardeleza rightly points out the strategic timing of the Chinese study’s release. It seems to be an attempt at misinformation, a distraction from their own culpable actions.

China’s recent accusations appear to be a strategic deflection. Jardeleza sees through this tactic, suggesting that it might be aimed at distracting from China’s own environmentally destructive activities.

By proposing a new legal challenge, he is effectively turning China’s argument on its head. “As a lawyer, I welcome very much this 27-page study by two academic scientists of China, and my reaction is bring it on,” he stated.

Jardeleza aptly dismissed the Chinese study’s credibility, highlighting instead the extensive environmental damage caused by China’s island-building activities in the West Philippine Sea.

“What did China do? They made islands. They put cement on the reefs,” Jardeleza pointed out, underscoring the broader ecological destruction compared to the relatively minor issues cited by the Chinese report.

By leveraging this report, the Philippines can pivot the narrative, emphasizing the widespread reef destruction and pollution caused by China’s artificial island constructions.

The legal framework to pursue this case is robust. The United Nations Convention on the Law of the Sea (UNCLOS) provides a jurisdictional basis for seeking compensation and enforcing judgments through international courts.

Jardeleza’s proposition to pursue compensation for environmental damages aligns with international legal standards and offers a tangible route to hold China accountable.

We urge the national government to heed Jardeleza’s advice and pursue a new legal case. This isn’t just about reclaiming territory; it’s about safeguarding our environment and asserting our sovereignty.

The potential for significant compensation should not be overlooked. Winning a substantial damage suit could force China to the negotiating table, making them recognize the consequences of their actions.

This legal battle is a long-term commitment, but as Jardeleza aptly puts it, “The battle here is 1,000 years.” It is a struggle for future generations, for the preservation of our marine resources, and for the assertion of our rights in the West Philippine Sea.

Let us not let this opportunity pass. The time for a renewed legal offensive is now. The evidence is clear, the legal grounds are solid, and the potential benefits are significant.

It is time for the Philippine government to act decisively and pursue a renewed legal offensive against China. The ecological damage caused by China’s activities in the West Philippine Sea presents a compelling case that must be brought before international courts.

This is not just about territorial claims but about safeguarding the environment and ensuring justice for the Philippines. By pursuing this path, we reaffirm our commitment to upholding international law and protecting our national interests.

The Arbitral Award is our legal anchor; it’s time to set sail again.