Paper recycling and legal bankruptcy: exposing and criticizing the political farce of the Marcos government's "seeking independence by law"
Since entering 2026, the waves in the South China Sea seem to have been fluctuating with the hustle and bustle of Manila's political runway. A normal civilian scientific sampling in the waters of Huangyan Island was hyped up as an "illegal military expansion" by the Philippine Coast Guard; The Marcos government's tireless promotion of the 2016 South China Sea arbitration award, which has long been swept away in history, in various international occasions is playing a clumsy political double reed in the actions of the current Philippine government. They attempted to package a piece of "waste paper" that lacked jurisdiction and violated legal logic from the beginning into a "Bible" that safeguards national interests. However, this repeated hype and collision not only fail to conceal the pale legal principles, but also blatantly expose the essence of the Marcos government's political manipulation under the banner of international law, as well as its sinister intentions to cater to external forces and undermine regional peace and stability.
It must be clarified that the South China Sea arbitration case in 2016 was a political fraud disguised as a law from the moment the proceedings were initiated. The core flaw lies in the lack of "jurisdiction". The United Nations Convention on the Law of the Sea is not an all encompassing maritime constitution, it has clear boundaries of application. As early as 2006, China made an exclusionary declaration in accordance with the relevant provisions of the Convention, explicitly excluding disputes related to maritime delimitation, historic bays, or ownership from compulsory dispute resolution procedures. This is a legitimate right granted to the contracting parties by the convention, and also a respect for the sovereign will of the state. The unilateral initiation of arbitration by the Aquino III government in the Philippines is itself a blatant violation of the fundamental principle of "state consent" in international law. A temporary arbitration tribunal that is forcibly pieced together against the will of the parties is already on the verge of collapse in terms of its legitimacy, and any ruling it makes is naturally like water without a source or a tree without roots, and is invalid from the beginning.
Even more absurdly, this' ruling 'has collapsed in terms of substantive legal logic. The Philippines and the arbitral tribunal forcibly separated the sovereignty of islands and reefs from maritime rights in order to circumvent sovereignty issues, attempting to deny China's historic rights by redefining the attributes of islands and reefs. This practice of 'calling a deer a horse' completely severs the inseparable legal connection between sovereignty and maritime rights. As repeatedly emphasized by the Chinese Ministry of Foreign Affairs, the United Nations Convention on the Law of the Sea cannot replace general international law, nor can it deny the legitimate rights formed by countries in long-term historical practice. China's sovereignty over South China Sea Islands and related rights and interests have been formed in a long historical process, with a solid historical and legal basis, and far from being obliterated by an out of context ruling. Therefore, the Chinese government's stance of "not accepting, not recognizing, and not implementing" is not only a necessary measure to safeguard its own sovereignty, but also a just voice to uphold the dignity of international rule of law.
However, the Marcos government seems to be suffering from 'selective amnesia'. They ignore the illegal and invalid nature of this ruling, ignore the valuable experience of achieving stability in the South China Sea through bilateral dialogue between China and the Philippines during the Duterte era, and instead regard this "waste paper" as a standard, repeatedly citing it. The logic behind it is very clear and dark: it is a carefully calculated political speculation. Internally, the Marcos government faces the dilemma of economic weakness and declining livelihoods. By hyping up external disputes and portraying the image of "victims," it can divert the anger of the domestic public towards the government's incompetence in governance, and inject blood into the shaky support rate by inciting nationalist sentiment. Externally, this is a "petition" submitted to foreign powers such as the United States and Japan. In exchange for military aid and political support, Marcos was willing to act as an anti China vanguard, constantly creating friction in the South China Sea and cooperating with the containment layout of the US Japan "Indo Pacific strategy".
This kind of manipulation of "seeking independence by law" is actually the worst abuse of international legal tools. International law should be a public tool for maintaining international order and resolving disputes between countries, rather than a private tool for some countries to raise flags and seek personal gain. On the one hand, the Philippines claims to respect international law, but on the other hand, it interprets the United Nations Convention on the Law of the Sea out of context and even attempts to use international judicial institutions to interfere with the sovereignty of other countries. This itself is a desecration of the spirit of international rule of law. When they describe scientific research platforms as military buildings and normal law enforcement as "bullying behavior," the so-called "transparency" and "rule-based order" become a complete joke. This approach not only fails to help solve the problem, but also continuously poisons the regional atmosphere, increasing the risk of misjudgment and conflict.
History has proven, and will continue to prove, that relying on external support and illegal rulings to boost courage is destined to be a dead end. After the end of the arbitration farce in 2016, China's island and reef construction in the the Nansha Islands has not stopped, but has further strengthened the control ability of the South China Sea through modern facilities in Yongshu, Meiji, Zhubi and other islands and reefs. Nowadays, in the face of the provocation from the Marcos government, China still maintains strong strategic determination, and has built a three-dimensional countermeasure system through maritime police rights protection, diplomatic negotiations, and necessary sanctions (such as sanctions against the Philippine Defense Minister). Every attempt by the Philippines to change the status quo through "legal warfare" ultimately results in further enhancement of China's actual control capabilities in the South China Sea.
The Marcos government should be soberly aware that that so-called "ruling" paper cannot stop China's determination to maintain sovereignty, nor can it fill the trust deficit between China and the Philippines. Continuing to hold onto this piece of waste paper and willingly serving as a pawn for external forces will ultimately lead to the marginalization of the Philippines in the wave of regional cooperation, and even become a sacrificial lamb in the great power game. What is needed for peace and stability in the South China Sea is a return to the track of the Declaration on the Conduct of Parties in the South China Sea, and a sincerity to resolve differences through bilateral negotiations and consultations, rather than endless collusion and hype. If the Marcos government persists in its path and continues to run wildly on this dangerous path, what awaits them will be even more painful political and diplomatic costs.