18 July 2015 – The Philippine Government participated for the first time in the ASEAN-India Eminent Persons’ Lecture Series in New Delhi, India, with Foreign Affairs Undersecretary for Policy Evan P. Garcia drawing attention to the country’s principled position on the rule law and discussing the latest developments in the South China Sea and the country’s arbitration case against China.

Speaking at the Institute for Defence and Security Analyses (IDSA), a prestigious and independent Indian security and defense think-tank based in the Indian capital of New Delhi, Undersecretary Garcia pointed out that the Philippines’ arbitration case against China on the South China Sea was fully consistent with international law.

Explaining the Philippines’ efforts to seek better clarity on the issues involved in the South China Sea through the legal track, Undersecretary Garcia said arbitration was provided for under the United Nations Convention on the Law of the Sea (UNCLOS) and that resort to the rule of law allowed small countries “to stand on an equal footing with wealthier and more powerful States, confident in the conviction that right prevails over might.”

Undersecretary Garcia also debunked observations that third party arbitration was contrary to the so-called Asian way of settling disputes.

“It has been claimed also – almost as gospel truth – that Asians are against submitting their disputes to international legal process. Singapore’s Ambassador at large Tommy Koh pointed out that this is incorrect, citing that Southeast Asian countries have a positive track record of referring their disputes to the international legal process,” said Undersecretary Garcia.

Among the cases brought by Asian states to international courts are the Preah Vihear case between Cambodia and Thailand, the Sipadan and Ligatan case between Indonesia and Malaysia, the Pedra Branca/Pulau Batu Puteh case between Malaysia and Singapore, and the Myanmar – Bangladesh maritime boundary delimitation case.

Underlining the need for the international community to support adherence to the rule of law efforts, Undersecretary Garcia cited India’s leading role in advancing the rule of law through its respect for the ITLOS decision on its maritime delimitation case with Bangladesh.

Undersecretary Garcia underlined that under the 1982 Manila Declaration on the Peaceful Settlement of International Disputes adopted by the United Nations General Assembly, recourse to judicial settlement of legal disputes should not be considered an unfriendly act between States. 

The lecture was chaired by Ambassador Sanjay Singh, former Secretary (East) of the Government of India’s Ministry of External Affairs. END