Phl not ‘powerless’ in Scarborough claim (Features)

 

The  Philippines has a strong claim over the Bajo de Masinloc (BdM), more commonly known as the Scarborough Shoal, claimed an expert on the Law of the Sea, citing the area’s “hidden resources and strengths.”

 

“We are not as powerless as we think we are,” said Dr. Jay Batongbacal, an expert who has worked on a wide range of maritime issues from dispute settlement and boundary negotiations, in a lecture at the Ateneo last week.

 

A coral atoll located 124 nautical miles west of Zambales, Bajo de Masinloc is strategically situated for environmental security, making the Philippines a world leader in marine environmental protection. The Bdm is also a source of food and a strategic position for the surveillance of maritime traffic. However, petroleum on the atoll is not likely to be found.

 

Dr. Batongbacal examined China’s claim over BdM and found severe internal inconsistencies when it came to their claim that they were the first to discover it. “The name Huangyan Island (BdM) was not used until 1983,” Batongbacal said. The Chinese name for BdM was changed in 1935, 1947, and in 1983. 

 

He presented scenarios and possibilities in dealing with the dispute by stating the effects of each. “If adjudication is attempted, it would be unlikely to succeed. The issue of sovereignty is also unavoidable.” In a bilateral negotiated settlement, the assumption is there is a weak bargaining position and negotiation need not directly address sovereignty. In a multilateral setting, there are often inconsistent interests and this does not merely involve persuading a group to ally against another. 

 

He also pointed out that “it is pointless to sue [China] merely for violation of the Exclusive Economic Zone (EEZ) rights when activities are within the territorial zone. He added that the issue of whether BdM generates EEZ is an “unnecessary gambit.”  

 

In dealing with this BdM dispute, Dr. Batongbacal called on the government to stop their “group think” where everyone thinks in the same way because it hampers them from seeing flaws and it offers no alternative.

 

“We need to rely on ourselves,” Dr. Batongbacal further said the about the country’s dealings on the BdM dispute.