IBP head: Arbitral ruling binding, 'enforceable' piece of paper

Contrary to President Rodrigo Duterte’s claim, Integrated Bar of the Philippines president Atty. Domingo Cayosa said the 2016 historic arbitral ruling over the South China Sea dispute is a binding document, and not a piece of trash.

“'Wag ho natin itapon ‘yung papel na ‘yon (We shouldn't trash that piece of paper), that is a very important piece of document. It is an international document that is binding to all the parties,” Cayosa said in an interview with "Dobol B TV."

Cayosa said China is one of the signatories of the United Nations Convention on the Law of the Sea (UNCLOS), meaning it is bound by the law that requires a process of arbitration should there be any dispute against any state.

“So binding yan sa China, hindi niya pwedeng balewalain" (It is binding and China can't just ignore it.)

He argues, "The whole international community is behind that piece of paper" because it is a decision of an international tribunal.

Also, Cayosa argued that the arbitral ruling can be enforced, citing the freedom of navigation activities of other states, including the United States in the South China Sea as an example.

So, nae-enforce siya, hindi po ba?” (Thus, it can be enforced, right?), he pointed out, adding that "other countries are using the decision to support their own interests through the freedom of navigation."

So we can use that because we are on the right and legal side of the issue. So we have to keep on using it, but that doesn’t mean we will go to war, he said.

On Friday, National Task Force for the West Philippine Sea (NTF WPS) chairperson and National Security Adviser Hermogenes Esperon said the 2016 arbitral ruling, which invalidated China’s massive claims over the South China Sea, has no enforcement mechanism.

The arbitral award has no provisions for enforcement. It did not state that China or the Philippines should leave the area. Even if it said so, it has no enforcement mechanisms. That is all hanging, Esperon was quoted as saying.

In his Wednesday night public address, President Rodrigo Duterte said the 2016 ruling of the Hague-based tribunal is just a piece paper fit to be thrown in the trash.

Former Foreign Affairs Secretary Albert del Rosario lamented the President's pronouncement, stressing the international tribunal's decision is “valid and binding” and must be enforced against China. —LBG, GMA News