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

College

College of Liberal Arts

Department/Unit

Political Science

Document Type

Article

Source Title

Asian Politics and Policy

Volume

10

Issue

2

First Page

283

Last Page

299

Publication Date

4-1-2018

Abstract

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

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Digitial Object Identifier (DOI)

10.1111/aspp.12392

Disciplines

Political Science

Keywords

Law of the sea--Philippines; Philippine Sea--Boundaries-- South China Sea; South China Sea--Boundaries--Philippine Sea

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