EU Backs Binding SCS Code, Warns of China's Batanes Claim

THE European Union (EU) on Monday renewed its call for a legally binding Code of Conduct in the South China Sea (SCS) anchored on international law, while a Philippine think tank warned that Chinese academics’ claim over Batanes reflects Beijing’s broader effort to expand its territorial narrative despite the 2016 arbitral ruling. “The EU reiterates its support to ongoing efforts by ASEAN (Association of Southeast Asian Nations) and China to conclude an effective, substantive and legally binding Code of Conduct in the South China Sea that would be in line with UNCLOS (United Nations Convention on the Law of the Sea),” the 27-member bloc said in a statement marking the 10th anniversary of the arbitral award. The EU reaffirmed that disputes should be settled peacefully under UNCLOS, supported the implementation of the 2016 arbitral ruling, and opposed unilateral actions that undermine regional stability. “The EU is deeply concerned by the steady increase of tensions and dangerous incidents in the South China Sea and firmly opposes any unilateral actions that threaten to undermine regional stability and the international order based on international law and the rule of law,” it said. Meanwhile, Stratbase Institute President Victor Andres “Dindo” C. Manhit dismissed as “baseless” claims by Chinese scholars that Batanes belongs to China through Taiwan, saying the assertion has “no basis in history, international law or reality.” “Having failed to secure international acceptance of its unlawful claims in the West Philippine Sea following the landmark 2016 arbitral award, China now appears intent on pushing the boundaries of its revisionist narrative even further,” he said in a statement. He said the claim appears to form part of Beijing’s broader use of “lawfare” and influence operations to normalize territorial assertions rejected under international law. “No academic symposium, however orchestrated, can rewrite history or alter internationally recognized boundaries,” he said. “Scholarly discourse should advance truth and understanding, not serve as an instrument for advancing geopolitical ambitions.” Mr. Manhit urged Manila and the international community not to dismiss such claims as mere academic discussions, warning that they could gradually shape public perceptions and legitimize positions lacking legal foundation. Political analyst Edmund S. Tayao told BusinessWorld the Batanes claim should be viewed as an act of “bullying” that could signal Beijing’s broader strategic ambitions in the region. “This is simply bullying, and is patently Chinese,” Mr. Tayao said via Facebook Messenger. “Since China’s unprecedented economic growth and emergence as a world power, it has come to assume it can take whatever it feels like taking.” He said the claim could also be linked to Beijing’s objectives involving Taiwan or its longer-term effort to expand control over nearby seas after encountering resistance in the South China Sea. ‘FAKE HISTORY’ International Development and Security Cooperation President Chester B. Cabalza likewise said the narrative would not alter Philippine sovereignty over Batanes or diminish the country’s legal victory in the 2016 arbitration case. “Beijing can manufacture all the fake history it wants, but Batanes remains an indivisible part of the Philippines, and no narrative trap will erase our 2016 legal victory,” he said in a Messenger chat. The Chinese Embassy in Manila did not immediately reply to a Viber message seeking comment. The EU statement followed a joint declaration issued on Sunday by the Philippines and 13 partner countries reaffirming that the 2016 arbitral award is final and legally binding. Australia, Canada, Estonia, Germany, Italy, Japan, Latvia, Lithuania, New Zealand, Romania, Slovenia, the UK and the US joined the Philippines in calling for peaceful dispute resolution under international law. Also on Monday, the Presidential Palace said the government would continue asserting Philippine rights in the West Philippine Sea through diplomacy rather than military confrontation. “The policy of the President is to fight for our rights through diplomatic means,” Palace Press Officer Clarissa A. Castro told a news briefing in Filipino. “We do not want every Filipino to be a coward in fighting for our rights, but we are not saying that we should advance toward war,” she added. Ms. Castro said the Marcos administration has adopted a different approach from its predecessor, noting that ex-President Rodrigo R. Duterte had described the 2016 arbitral award as “a simple piece of paper that could be thrown in the trash.” She also said plans to build shelters for Filipino fishermen at Sandy Cay were abandoned during the previous administration and that Chinese vessels were allowed to patrol the area. As an example of the Marcos government’s policy, Ms. Castro cited President Ferdinand R. Marcos, Jr.’s September 2023 directive ordering Philippine authorities to remove floating barriers installed by the China Coast Guard near Scarborough Shoal. She said the move was intended to protect the livelihood of Filipino fishermen while asserting the country’s maritime rights without escalating tensions. The 2016 ruling by the Permanent Court of Arbitration in The Hague voided China’s sweeping “nine-dash line” claim in the South China Sea and affirmed the Philippines’ maritime entitlements under UNCLOS. Ms. Castro said public support for the government’s policy remains strong, citing an OCTA Research survey showing that 66% of Filipinos support efforts to uphold the arbitral ruling. She also quoted Mr. Marcos’ recent remarks during a diplomatic reception, in which he described the rule of law as “the great equalizer of all nations.” Separately, Party-list Rep. Antonio L. Tinio opposed proposals to raise Philippine defense spending to 4% of gross domestic product, arguing that the plan would divert resources from education, healthcare and housing and advance US strategic interests in the region. “While [Defense Secretary Gilberto C. Teodoro, Jr.] is pushing for more funding for missiles, fighter jets, warships and submarines, our young people are studying in overcrowded classrooms without books or internet access, many Filipinos still lack adequate healthcare, and the poor remain without decent housing,” he said in a statement in Filipino. He urged the government to prioritize social services over higher military spending. — Kaela Patricia B. Gabriel, Pexcel John Bacon and Erika Mae P. Sinaking