Defense Minister of Germany Boris Pistorius visited his Filipino counterpart Gilberto Teodoro Jr. in Manila to strengthen ties between the two countries, The decision came on Sunday, amidst continued tensions in the South China Sea with Beijing.
The South China Sea Factor
The pact proposes ‘broader’ defense cooperation and enhanced long-term military relations between the two nations, who are celebrating their 70 years of diplomatic ties. The agreement also proposes joint military training and armaments cooperation. Germany has been one of the oldest formal defense partners for the Philippines since their agreement in 1974.
The agreement, which is supposed to be signed by the end of the year aims to strengthen defense ties between the two nations and has come amidst the incursions of China in what Philippines considers its own territorial waters. Recently both China and Philippines forces went head-to-head in a confrontation that happened in the Philippine-occupied second Thomas Shoal in the South China Sea. Such attacks on territorial sovereignty and illegitimate claims in South China Sea have been the “sole cause of tensions” said Manila’s defense chief. Both defense chiefs denounced all “unilateral attempts to advance expansive claims, especially through force or coercion”; and both maintained their belief in the international law regime, which China continues to undermine.
The Past (Philippines v. China)
The two countries (Philippines and China) share a long history of tensions in the South China Sea, with both sides making claims on territorial waters, resulting in heightened tensions in the region. In international arbitration, the two had faced off in the International Court of Justice (ICJ), when Manila decided to file a case back in 2013. The verdict in this landmark case was a well-known decision by the Tribunal, which determined that, while China might have had historical claims to certain resources in the South China Sea, these claims were effectively nullified to the extent that they conflicted with the Exclusive Economic Zones (EEZs) established under the United Nations Convention on the Law of the Sea (UNCLOS). In other words, the Tribunal concluded that any historic rights China might have had were overridden by the international legal framework that defines and regulates EEZs, thus clarifying that China’s historical claims could not prevail where they clashed with the rights and boundaries set by the Convention. China’s nine-dash line claims were declared invalid under the International Law of Seas (UNCLOS) by the tribunal. A decision which, Beijing made clear, was “null and void with no binding force”.
The Filipino defense chief acknowledged the support of Germany in the 2016 landmark case that disapproved Beijing’s claim in the South China Sea invoking U.N. Convention of the Law of the Sea (UNCLOS).
Pistorius stated the judgment retains its full validity and does so without any reservations. It is incumbent upon us to reinforce and uphold the maritime boundaries in accordance with this ruling, and we are diligently fulfilling that responsibility.
Building Detterence Through Defence Cooperation
China claims sovereignty over most of the South China Sea which has been the cause of tensions across the region involving rights over the exclusive economic zones (EEZs) of countries like Indonesia, Malaysia, Philippines, and Brunie. South China Sea being a vital trade rout, with an estimated $5 trillion worth in trade transiting through the South China Sea every year, the stakes are high even for countries located far away from the region, hence the recent announcement of USD 500 million by the US to modernise the Philippine army and now a defence agreement with Germany.
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