Manila weighs second South China Sea legal case against Beijing: analyst

Manila is preparing for a potential second legal case against Beijing over the South China Sea, according to a Philippines-based security analyst.

“Indeed, the Philippines is considering filing another case against China, and authorities are already preparing the necessary legal documentation,” said Rommel Banlaoi, president of the Philippine Society for International Security Studies, on Saturday.

He made the remarks at a South China Sea symposium in the southern Chinese city of Sanya, answering a question on whether Philippine President Ferdinand Marcos Jnr might take Beijing back to court over its maritime claims.

This year marks the 10th anniversary of an arbitration ruling that invalidated key elements of Beijing’s vast claims in the South China Sea. Beijing did not take part in the arbitration case at The Hague initiated by the Philippines in 2013, nor does it recognise the verdict.

Banlaoi noted that any legal move would require Marcos’ approval: “The president must give the green signal to do such a thing.”

However, he said that Manila was likely to hold off for now as it was this year’s chair of the Association of Southeast Asian Nations (Asean), and discussions between the bloc and Beijing on a South China Sea code of conduct were still under way. Singapore will take over the Asean chairmanship next year.

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As tensions have escalated in the disputed waters, calls have mounted within the Philippines for the government to bring a new case against Beijing.

Banlaoi said the new case could involve seeking compensation for environmental destruction and economic losses, as well as addressing alleged violations of sovereign rights and other breaches of the UN Convention on the Law of the Sea. He said Manila was currently gathering and preserving evidence.

Establishing jurisdiction remains the primary challenge for Manila, Banlaoi said, noting that Philippine legal experts were still debating the most appropriate international forum for the dispute.

Only when procedural and jurisdictional hurdles are cleared will the government proceed to draft a formal statement of claim, according to Banlaoi.

Tensions between Beijing and Manila have escalated sharply in recent years, fuelled by frequent clashes between their coastguards and vessels, raising fears of a wider conflict that could draw in the US, a treaty ally to the Philippines.

Meanwhile, the two sides have frequently traded blame over environmental harm and coral loss in the hotly contested waters.

The 2016 ruling, which Beijing has described as “illegal”, remains a persistent source of friction, casting a long shadow over China’s ties with the Philippines and other rival South China Sea claimants.