Diplomacy needed to resolve territorial dispute

PHILIPPINE National Coast Watch Center director Rear Admiral Joel Garcia said the country needs to observe diplomacy if it wants to resolve the maritime or territorial dispute at the West Philippine Sea.

This highly-complicated territorial dispute of the country with other claimants like China, Vietnam, Japan, Korea, Malaysia, Thailand could not be resolved without adopting methods and styles in addressing conflicts, said Garcia, who shared his insights and experience in peace and conflict resolution during the Rotary International District 3850 Conference at L’ Fisher Hotel in Bacolod recently.

The South China Sea is a vital waterway in the world as about $5.3 trillion dollars of trade and commerce pass through it, which is why many countries have serious interests on its territorial domain, he said.

He said the maritime feature as claimed by the Philippines in the Spratly Island based on Presidential Decree 1546, the country was not included in the promulgation of the final award.

What the Arbitrary Tribunal has concluded in the final award were their findings based on maritime entitlement pursuant to the law of the Sea Convention because the jurisdiction of the Tribunal is not based on territoriality or sovereignty but on maritime entitlement in relation to the Law of the Sea Convention, he said.

"The only way for us to resolve it is to go to the International Court of Justice (ICJ). But incidentally, the Philippines has put its reservation in 1972, that is why we are constrained in filing a case in the ICJ even if we will withdraw that reservation. We need to ask China to do the same as they also placed their reservation in the ICJ that in case of issues pertaining to sovereignty and territoriality, China will not participate," he said.

In peace and conflict resolution, the country can resort to mediation, arbitration or both or engage in creative peacebuilding mechanism, he said.