Jim Patterson on the Philippine Case for Rights in South China Sea.

Two Press Releases from Philippine Ambassador Jose Cuisia, a Wharton graduate.

Note: The first was titled Relations between he two countries better than ever. The second, International Law: The Great Equalizer about the dispute with China over the South China Sea.

President Obama's meetings with the Chinese failed to provide The Philippines and surrounding nations with relief from China's claim of sovereignty over the sea.

PRESS RELEASE
WDC-001-2015
8 January 2015

WASHINGTON, D.C.— Manila’s relations with Washington are at their highest based on how the two allies worked together during the past year, according to the Philippine ambassador to the United States.

“Our relations with the United States have never been better,” Ambassador Cuisia said in his remarks during a reception he hosted on Wednesday night for Washington-based journalists led by National Press Club President Myron Belkind.

Ambassador Cuisia said the main highlight of a stronger Philippine-US alliance was the visit to Manila in April of President Barack Obama and the signing of the Enhanced Defense Cooperation Agreement (EDCA).

The other highlights of Philippine-US relations in 2014 were the restoration of the country’s Category I aviation safety rating; its removal from the Special 301 Watch List of countries with intellectual property rights issues; and the favorable outcome of the review on trade benefits under the General Scheme of Preferences.

“As a result of the FAA aviation safety upgrade, Philippine Airlines will now be flying from Manila to New York starting in March,” Ambassador Cuisia said. “This positive development benefits both our countries as it creates more opportunities for trade and tourism.”

Ambassador Cuisia also cited the proposed regulations that would expand allowable sources of Philippine mangoes for importation into the US as well as Washington’s support for Manila’s request for a continued rice waiver at the World Trade Organization.

In terms of economic cooperation and development assistance, Ambassador Cuisia mentioned the estimated $139 million that the US committed under the Partnership for Growth program and $434 million under the Philippine Compact with the Millennium Challenge Corporation.

The continued positive momentum being experienced by the Philippine economy was among the top achievements of the Philippines in 2014 that Ambassador Cuisia also shared with Washington journalists.

“We are the sick man of Asia no more,” Ambassador Cuisia said, as he pointed to the expected 6 percent expansion in the country’s gross domestic product in 2014 as well as its growing competitiveness.

He said the country’s competitiveness is evidenced by improvements in its standings in the 2014 Ease of Doing Business Assessment; the Index of Economic Freedom; and the World Economic Forum Competitiveness index. In its 2014 Asia Business Outlook Survey, the American Chamber of Commerce said the Philippines has one of the most improved business climates, ahead of many Asian peers.

He added that for the first time in its history, the Philippines achieved investment grade status from all three credit ratings agencies—Standard & Poor, Moody’s and Fitch.

“This speaks a lot about the depth of institutionalization of good governance and overall political stability of the Philippines under the leadership of President Benigno S. Aquino III,” Ambassador Cuisia said. ###

PRESS RELEASE
WDC-002-2015
8 January 2015

WASHINGTON, D.C.—The Philippines said its move to seek arbitration before an international tribunal underscores its desire to define its maritime entitlements in the South China Sea in a peaceful manner.

“We have always been asked why we have resorted to arbitration. Our answer is simple. International law is the great equalizer,” Ambassador Cuisia said in his remarks during a reception he hosted on Wednesday night for Washington-based journalists led by National Press Club President Myron Belkind.

“By taking the legal route, we are showing the world that States have other viable options to resolving disputes other than in an asymmetrical negotiation where the big and militarily strong nation will dominate the smaller nation in the negotiating table,” Ambassador Cuisia said.

He said Manila sees the arbitration case as a model for other smaller States in a similar situation to consider the dispute settlement mechanisms under the United Nations Convention on the Law of the Sea (UNCLOS) or the United Nations Charter as a way of resolving disputes in a peaceful manner.

It could be recalled that the Philippines filed an arbitration case in 2013 as part of its efforts to clarify its maritime entitlements in the South China Sea and formally submitted its memorial to the Arbitral Tribunal at The Hague on 30 March 2014.

China, which had laid claim to practically the entire South China Sea, had indicated that it will not participate in the proceedings but it nonetheless published on December 7 its position paper on the arbitration case and submitted the same to the tribunal.

Ambassador Cuisia said Washington presented its own study on China’s maritime claims that supports the Philippines position on the need for peaceful clarification of maritime entitlements in the South China Sea.

“Studies such as the one produced by the US contribute to the substantive international literature that supports the primacy and utility of UNCLOS in the determination of maritime entitlements and the peaceful settlement of maritime disputes,” he said.

Ambassador Cuisia added that the recent statement issued by Vietnam on the arbitration case is helpful in terms of promoting the rule of law and in finding peaceful and nonviolent solutions to the South China Sea claims based on international law. ###

Comment: 

I agree with Ambassador Cuisia this case will be a model. Whether it will be a successful model remains to be seen.

Jim Patterson, Editor