MANILA, Philippines — The Philippine government's top lawyer, Solicitor General Darlene Berberabe, highlighted the significance of the 2016 Arbitral Award in a speech commemorating its tenth anniversary. Berberabe stated that the award 'endures as a testament to the enduring protection in a Republic of laws' that 'honors everyone else's rights while claiming our own.' This comes as China continues to dispute the ruling, refusing to recognize its validity.
Darlene Berberabe, the Solicitor General of the Philippines, has been a vocal advocate for the country's rights in the South China Sea. Berberabe was appointed to her position by President Ferdinand Marcos Jr. in 2022, but her work on the Arbitral Award dates back to her time as a government lawyer. As a key member of the Philippine government's team, Berberabe played a crucial role in drafting the memorial that led to the landmark case. The memorial argued that China's sweeping claims over the South China Sea were invalid and that the Philippines' exclusive economic zone (EEZ) was part of a separate area, known as the West Philippine Sea.
The Arbitral Award declared that China's sweeping claims over the South China Sea were invalid and affirmed the Philippines' rights to its EEZ. The award was delivered on July 12, 2016, by an Arbitral Tribunal constituted under the United Nations Convention on the Law of the Sea (UNCLOS). China has consistently refused to recognize the award, and the ruling remains a point of contention between the two nations.
The Philippine government has taken steps to enforce the Arbitral Award, with the Department of Foreign Affairs (DFA) being at the forefront of diplomatic efforts. The DFA has lodged official protests with China, and the Philippine Navy has continued to patrol the West Philippine Sea. Meanwhile, the Philippine Coast Guard has escorted Filipino fisherfolk in the disputed territory, a move seen as a challenge to China's claims.
The Arbitral Award is significant not just for the Philippines but also for the wider region. The ruling has implications for the rights of other countries in the South China Sea, and it highlights the tension between China's assertive claims and the need for international cooperation in the region. In her speech, Berberabe noted that 'the Philippines asks of the law only what it gives,' emphasizing the country's commitment to upholding the rule of law in the South China Sea.
In 2023, the Philippine government published a report detailing China's ongoing activities in the South China Sea. The report identified over 270 Chinese structures built on Filipino-claimed territory, including artificial islands and naval bases. The report was used as a basis for another round of diplomatic protests lodged with China.
Berberabe's speech was attended by top Philippine officials, diplomats, and foreign representatives. The gathering served as a testament to the ongoing efforts of the Filipino government to defend its rights in the South China Sea.
The Arbitral Award has far-reaching implications for the Philippines and the South China Sea. As the country continues to assert its rights, it remains to be seen how China will respond. Will Beijing continue to dispute the ruling, or will it eventually accept the Arbitral Award? Only time will tell.