Mare Liberum: Aquino, Duterte, and the Philippines’ evolving lawfare strategy in the South China Sea

• Main Author: Heydarian, Richard Javad
• Format: text
• Published: Animo Repository 2018
• Subjects: Law of the sea > Philippines; Philippine Sea > Boundaries > South China Sea; South China Sea > Boundaries > Philippine Sea; Political Science
• Online Access: https://animorepository.dlsu.edu.ph/faculty_research/3942
• Institution: De La Salle University

The article analyzes the rationale, context, and implications of the Philippines’ landmark arbitration case in the South China Sea. Specifically, it evaluates four important and inter-related issues: (i) the centrality of international law, particularly the United Nations Convention on the Law of the Sea, to the peaceful management and, if possible, resolution of the South China Sea disputes; (ii) political and strategic factors, which convinced the Aquino administration to embark on a risky and uncertain legal warfare (lawfare) strategy against Beijing, which, in turn, vehemently opposed any third party arbitration vis-à-vis maritime and territorial disputes; (iii) the merits, outcome, and strategic implications of the Southeast Asian country's arbitration case on the broader geopolitical landscape in the region; and lastly, the divergent South China Sea strategy of the Duterte administration, which decided to soft-pedal and sublimate the arbitral tribunal award in favor of a dialogue-based resolution of the disputes. © 2018 Policy Studies Organization