Roque says Duterte, other ASEAN want legally binding code of conduct

November 16, 2017

President Rodrigo Duterte and other leaders of the Association of Southeast Asian Nations (ASEAN) want a legally binding code of conduct in South China Sea to achieve "predictability", an official said Thursday.

In a press briefing, Presidential Spokesperson Harry Roque said it was clear from the language of the framework agreement signed last May by ASEAN and China that the Southeast Asian countries want a legally binding COC.

"I think that was a priority of the President because unless it becomes legally binding, we would not achieve the kind of predictability that all the countries want in order to achieve peace and stability in the region," he said.

"I think all the parties want it to be somehow legally binding. Otherwise, if it’s merely aspirational, then it will not promote the kind of peace and stability that they are hoping for," Roque stressed.

ASEAN and China agreed during the recent 31st ASEAN Summit and Related Summits in Manila to start negotiations on the COC.

ASEAN countries, such as the Philippines, Brunei, Malaysia and Vietnam, as well as China and Taiwan have overlapping claims over the South China Sea.

Roque also did not see any major shift for Duterte to resolve the territorial dispute with China bilaterally.

"I do not know if this is a major shift. But what I do know is President Duterte has been consistent that he is open to bilateral talks as far as resolving the conflict is concerned," he said.

He also did not see any effect on the arbitral award on the Philippines the stance of the President to resolve the territorial dispute through bilateral talks.

"Again, I will state it ‘no, this does not in any way affect the arbitral ruling. To begin with, the arbitral ruling is only binding on the Philippines and China. That is the effect of arbitral awards. It’s only binding on parties thereto," he said.

Roque explained that the ruling of the Hague-based Permanent Court of Arbitration favoring the Philippines was "self-executory."

"The Philippines does not have to do anything else to implement that decision. That’s the distinction between international and domestic law. The statement or the ruling of the arbitral body is completely executory, nothing else is left to be done by anyone," he said.

"In international law there is no such thing as stare decisis (jurisprudence). All decisions of international tribunals are only binding on the parties thereto," Roque added. Celerina Monte/DMS