An Analysis of Multilateralism and its impact on the Peaceful

Resolution of the West Philippine Sea (South China Sea)

Dispute with the Peoples Republic of China

Presented to:
Judge Charito M. Sawali

Submitted by Group 1:
Alemania, Christa Belle
Arasula, Leah Karissa
Ascalon, Richie
Atienza, Joanna Myrene
Biglete, Catherine
Brual, Nico Allen
Buhay, Jhudith

ACKNOWLEDGEMENT
This research work was made possible through the tireless effort of the
researchers. The researchers hard work, spending time and burning the midnight oil in
making this research are the reasons why they finished this work and proved that
undergraduate thesis is harder than they had imagined.
The researchers would like to extend their sincerest appreciation and gratitude
first to the Heavenly Almighty Father for giving them life, encouragement, strength, and
wisdom to finish this work.
To their research adviser, Judge Charito Sawali, who guided the researchers with
utmost patient and led them to a proper and right track for the best direction of this
research. Her guidance and words of encouragement had been the researchers
strength and sources in pushing through this task.
To H.E. Ambassador Jose Del Rosario Jr, who helped and enlightened the
researchers in identifying the prospect for resolution in the West Philippine Sea Dispute.
Thank you and God bless you all!

DEDICATION
We, the researchers, gratefully offer this study which we made for our parents,
classmates and most of all, to our government. We dedicated this to:
Our parents, who have already been our strength and inspiration in spending
every inch of their time and days,
Our classmates who encouraged us on moments that we felt hopeless and could
not accomplish this study because of the difficulties we had encountered in the whole
process of making this.
And to our government officials especially to the Department of Foreign Affairs,
being the agency concerned, who courageously fights for the rights and interests of
Filipino people.
Despite the hindrances, we realized that this is one of the best that we ever have
in our entire life.

ABSTRACT

Title:

AN ANALYSIS OF MULTILATERALISM AND ITS IMPACT ON

THE PEACEFUL RESOLUTION OF THE WEST PHILIPPINE SEA
(SOUTH

CHINA

SEA)

REPUBLIC OF CHINA
Researchers:

Alemania, Christa Belle

Arasula, Leah Karissa
Ascalon, Richie
Atienza, Joanna Myrene
Biglete, Catherine
Brual, Nico Allen
Buhay, Jhudith

Type of Document: Research Paper

School:

University of Batangas

Address:

Hilltop, Batanagas City

Degree:

Juris Doctor

Number of Pages: 50+

School Year:

2015-2016
4

DISPUTE

WITH

THE

PEOPLES

SUMMARY
The study aims to analyze the importance of multilateralism and its impact on the
Peaceful Resolution of the West Philippine Sea (South China Sea) Dispute with the
Peoples Republic of China.
More particularly, it endeavors to answer the following questions:
1 What is Chinas 9-dash rule?
2 How does this rule affect the Philippine territory?
a What are the actions undertaken by the Philippines to protect its territorial
integrity?
b How does international law on territorial dispute support the Philippine Claim?
c How does the 21st century global order affect the settlement of dispute?
3 As a member of the community of nations, how can the Philippines propose
solutions with China without contradicting the pillars of the Philippine Foreign
Policy?
a How do these solutions conform with the Philippines foreign policy?
b How can multilateral support from the non-claimant states help in the
settlement of territorial conflict with China?
FINDINGS
Energy and fishing are not the only factors in this dispute.
The West Philippine Sea (South China Sea) is being integrated into the field of
The Peoples Republic of Chinas strategic rivalry with the United States as China
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develops an extended naval strategy and deploys new naval capabilities as was
manifested in the building of artificial islands encroached in the Philippines exclusive
economic zone. The Association of Southeast Asian Nations has assumed that the
extensive Chinese claim to the whole area was negotiable and subject to compromise,
that China would settle for a favorable regional agreement in which territorial claims
would be adjusted, and that oil and gas reserves as well as fisheries would be shared.
Upon this basis, ASEAN has engaged The Peoples Republic of China in regular
dialogue hoping that its leaders could be convinced of the value of a regime of norms
which would govern behavior in the West Philippine Sea (South China Sea). ASEAN
was habitually careful to avoid in any way provoking China expecting that China would
in time reciprocate, and that the ASEAN way of encouraging agreement by consensus
would in time be embraced by Beijing.

Building a Multilateral Framework

The development of a multilateral, binding code of conduct between China and
ASEAN countries is often cited as a way of easing territorial disputes in the West
Philippine Sea (South China Sea). The parties have already agreed upon multilateral
risk reduction and confidence-building measures in the 2002 Declaration on the
Conduct of Parties in the South China Sea, but none have adhered to its provisions or
implemented its trust-building proposals. While The Peoples Republic of China has
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historically preferred to handle all disputes bilaterally, the resumption of negotiations

between Beijing and ASEAN still holds promise for reinvigorating a multilateral
framework toward greater cooperation and conflict resolution.

International Arbitration
Bringing territorial disputes to an international legal body presents another means
of conflict mitigation. The International Court of Justice and the International Tribunal for
the Law of the Sea are two forums where claimants can file submissions for settlement.
In July 2013, a UN tribunal was convened in The Hague to discuss an arbitration case
filed by the Philippine government contesting the legality of Chinas territorial claims in
the West Philippine Sea (South China Sea). An outside organization or mediator could
also to be called upon to resolve the disagreement, although the prospect for success in
these cases is slim given Chinas likely opposition to such options. This move by the
Philippines is based on the premise that the 1982 UNCLOS is the constitution for the
ocean and violations of which is to be pursued on proper courts to uphold its
commitment to peace and security.

CONCLUSIONS

Based on the data analyzed and findings of the study, the researchers deduced the
following conclusions:
1. Dialogues between the ASEAN, as a multilateral party, and the Peoples Republic
of China should be continuously pursued in-order to avoid military skirmishes in
the area and promote International solidarity and comity.
2. Going to international legal body presents a good approach on conflict mitigation.
However, the cause of such means should be supported by the United States
and EU members in order for The Peoples Republic of China to adopt and
conform to it.
3. The international arbitration case by the Philippines and the multilateral
framework approach by the ASEAN as a whole conform to the charter of the
United Nations for it promotes peace and solidarity among member States.
4. The aforementioned in the preceding number is in accordance with the 1987
Philippine Constitution and in the Pillars of the Philippine Foreign Policy for it
averts war and upholds the right of the Philippines defined in the 1982 United
Nations Convention on the Law of the Sea.

RECOMMENDATIONS
Based on the findings and conclusion, the researchers hereby present the
following recommendations:
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1. The Philippines should promote awareness of the dispute to the public by

consistently publishing articles in newspapers of general circulation about
what are the stakes in the West Philippine Sea (South China Sea) and the
benefits it will bring into the Philippine economy.
2. The Department of Foreign affairs, being the agency concerned to this issue,
should continue to highlight the reclamations and island building of the
Peoples Republic of China in the West Philippine Sea (South China Sea) in
order to engage non-claimant states in the dispute for them to make a policy
stand regarding the dispute.
3. The Philippines and ASEAN should open diplomatic back channels to the
Peoples Republic of China to further strengthen dialogues and cooperation in
a more engaging manner which might not be possible in open, traditional
diplomatic channel.

TABLE OF CONTENTS
Title Page
Acknowledgement
Dedication
Abstract
Table of Contents
CHAPTER I The Problem and its Background
Introduction
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i
ii
iii
iv
v
1

Background of the Study

Statement of the Problem

Assumption
Objective
Synthesis
Definition of Terms
CHAPTER II Review of Related Literature and Studies
Related Literature
Related Studies
Synthesis
CHAPTER III Research Methodology
Methods of Research
Data and Reference Sources
Collection Teachniques
Analytical Treatment of Data
CHAPTER IV Presentation, Analysis and Interpretation of Data
CHAPTER V Summary of Findings, Conclusions and Recommendation
Summary of Findings
Conclusions
Recommendations
Bibliography

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