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SCS pure law loses to PH: Locsin

WASHINGTON – “We own what we own.” Thus, Foreign Affairs Secretary Teodoro L. Locsin Jr. commented on the Philippines’ South China Sea claim, which was unanimously upheld by the Permanent Court of Arbitration on July 12, 2016, finding that major elements of China’s claim, such as its nine-dash line, recent land reclamation activities, and other activities in Philippine waters, were illegal.

“It can be stolen from us by stealth or force, but that would not alter our sovereign ownership in the least.” We insist that what has been stolen cannot be replaced. “Brute facts do not ripen into legislation,” Locsin stated during an omnibus intervention at the State Department on May 13 during a working lunch sponsored by US Vice President Kamala Harris on the second day of the US-ASEAN Special Summit.

He claimed that after winning the lawsuit against China in 2016, the Philippine government did not actively seek international recognition in order to avoid undermining the result.

“The apparent need for international acclaim and support would have diluted the completeness of our victory, weakening its binding legal force.” He went on to say, “The victory is pure law.”

He claimed that as an archipelagic state, the Philippines prioritizes maritime freedom and security, particularly in its exclusive waters, whether territorial, EEZ, or continental shelf.

“Determination of the final requires UN work and cooperation, as well as mutual acceptance in impacted Southeast Asian countries,” Locsin noted.

Keeping the Arbitral Award

He reaffirmed that the Philippine government is committed to the Arbitral Award that it fought for and won on its own in the EEZ.

“… in the face of international apathy and hostility from the world’s second-largest economic and military power, which had shied away from settling our disagreements before the Arbitral Tribunal. Despite this, it filed objections, all of which were rejected by the Tribunal,” Locsin stated.

An EEZ, as defined by the 1982 United Nations Convention on the Law of the Sea (UNCLOS), is a portion of the sea in which a sovereign state has exclusive rights to explore and exploit marine resources, including energy production from water and wind. It spans from the baseline out to 200 nautical miles from the state’s shore.

He highlighted Ukraine, which never relinquished sovereignty over Russian-occupied territory.

“It can be beaten, but it cannot be defeated.” The dream of a broken country to reclaim what has been taken will never die. “Opportunists argue that it is deemed ceded if it cannot be held by force or otherwise effectively enforced,” he said. “On the other hand, given time and the taker’s perseverance, force is a universal rule.”

He went on to remark that the Arbitral Award’s benefits are not limited to the Philippines.

“The Award clarifies the law for everyone and is open to other countries with similar marine issues as ours.” It enriches the entire world,” he continued.

The US is the most outspoken partner.

He praised the United States for being the Philippines’ most outspoken supporter of the 2016 Arbitral Award and the rule-based international order.

“That is very appreciated.” We applaud the US Senate’s proposal for an Asean-wide approach to reaffirming the Award. “Thank you, America,” Locsin expressed gratitude.

He also thanked US President Joseph Biden Jr. for calling President-elect Ferdinand Marcos Jr. to congratulate him.

Both agreed, he said, to keep striving to maintain our special relationship in mutual defense.

Meanwhile, he stated that President Rodrigo R. Duterte chose to skip the US-Asean Special Summit because he is committed to ensuring free and fair elections for the Filipino people, confirming his dedication to the Philippine government’s adherence to democratic ideals.

On May 12-13, Biden convened an Asean summit with 10 leaders from the Philippines, Brunei, Cambodia, Indonesia, Lao, Malaysia, Myanmar, Singapore, Thailand, and Vietnam.

The US-Asean summit, which was held for the first time, focused on expanding US-Asean ties, the digital economy, sustainability, renewable energy transition, economic cooperation, health care, and supply chain resilience, among other topics.

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