This is the address to the ANI’s 2024 Goldrick Seminar by CDRE Jay Tarriela*
I would like to start by reminding everyone that the People’s Republic of China has achieved fait accompli, occupied Mischief Reef in 1995, operationalized their nine-dash line presence in the past decade, took over the control of Scarborough Shoal in 2012, and reclaimed numerous maritime features in 2013 without firing a single shot.
I would like to emphasize that the Chinese did all of these without resorting to military action. Beijing has effectively employed a gray zone strategy through its maritime forces, by threat or coercion, undermining the international law, and mocking international norms that were universally accepted. However, last month, Chinese army Lieutenant-General He Lei made a notably bold statement, asserting that Chinese People’s Liberation Army will resolutely crush any foreign hostile encroachment on China’s territorial, sovereign and maritime rights and interests with firm determination, staunch will, strong capability and effective means.
In the wake of the Second World War, nations all across the globe recognized the importance of cooperation to combat tyrants who violate human rights and confront authoritarian threats to sovereignty of other countries. This realization led to the creation of the United Nations, dedicated to promoting international peace and security. The UN charter emphasizes effective collective actions to prevent threats to peace, address aggression, and resolve disputes peacefully, while affirming equal rights for all nations, big or small.
However, the aggressive actions and provocative behavior by China in the West Philippine Sea and the larger South China Sea call into question the lessons derived from the two world wars. As the second-largest economy and a significant global military power, China is not only challenging the sovereignty of the claimant nations affected by its controversial nine-dash line assertion but is also eroding the core principles on which the United Nations was established. Beijing’s blatant disregard for the standards set forth in the United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 Arbitral Tribunal ruling is extremely troubling. The unlawful and excessive deployment of the People’s Republic of China’s maritime forces within the Exclusive Economic Zones (EEZs) of the Philippines, Vietnam, Malaysia, Brunei, and Indonesia is outright illegal and unacceptable. Absolutely, it is jeopardizing the integrity of the rules- based international order and undermining regional peace and stability.
Consequently, the pressing question we must address is how we can unite to counter the illegal, coercive, aggressive, and deceptive actions of the People’s Republic of China in order to uphold sovereignty, sovereign rights, and the rules-based international order for a free and open Indo-Pacific. In this presentation, I would argue that there are three essential principled actions we must undertake. First, we need to establish a common understanding and mutual respect of what is considered right, acceptable, lawful, and fair among all state actors in the region. Second, it is imperative that we maintain transparency in highlighting the unlawful actions of other nations, and we should not hesitate to call out violations of international law. Lastly, we must engage in collective action that compels states to adhere to the established norms and international regulations.
With respect to the first proposed action—establishing a common understanding and mutual respect—it is vital for us to achieve a clear and reciprocal consensus on our positions. This shared understanding should not be influenced by competing national interests but should be grounded in international law and treaty obligations that promote fairness and equality while discouraging aggressive behavior.
Furthermore, respect should not be imposed by larger and more powerful states upon smaller and weaker ones; rather, it should be a reciprocal acknowledgment of each other’s status as co-equals in international relations, based on the principle of sovereign equality.
By implementing this action, states can gain a deeper understanding that, as responsible members of the international community, their behavior must align with international law and accepted norms. States should be careful in formulating their strategies to ensure they do not violate their own obligations. Most importantly, we can establish a system in which states that deviate from adhering to international relations face public shame and significant reputational damage. Interestingly, this system would also motivate state actors to become guardians of these principles.
For a country like the People’s Republic of China, which transitioned from being a law-abiding nation to an economic powerhouse with military strength, the creation of a system founded on common understanding and mutual respect would subject China to heightened scrutiny. This environment would prompt like-minded states to limit their engagement with China and raise doubts about its commitment to treaties and agreements.
As an aberrant state actor, China would find itself in a position that compels it to reconsider its alignment with the established order or to challenge it.
For the second point, it is necessary to be transparent in exposing the illegal activities and unlawful actions of other nations regardless of the state’s engagement with it. Keeping quiet about their bullying tactics is effectively the same as condoning such behavior. It is imperative to publicly disclose the illegal actions of state actors, ensuring that their behavior does not go unchecked in undermining the established rules-based order. When smaller nations face intimidation from larger ones, they should not hesitate to report these acts of aggression to the global community. The more countries that advocate for the rules-based order and uphold international law become aware of these violations; the more collective pressure can be applied to the offending state that breaches its obligations under international law.
While it is understandable that some Southeast Asian nations prioritize their own national interests, particularly economic engagement, over exposing the illegal activities of the People’s Republic of China, it is unfortunate that this approach inadvertently contributes to China’s boldness in defying international law. By leveraging trade and investment as a form of coercion, these states may be enabling China’s disregard for established legal norms.
Bullies like China will succeed if we allow them to intimidate us in silence, compelling us to endure their actions alone out of fear that our economic ties with them may be at risk. Southeast Asia has a history of being sensitive to sovereignty, shaped by past experiences of colonization. Our region was once recognized for its resilience, resisting outside influence and perceived dictates because we valued our sovereignty more than the offers from Western powers. However, that is increasingly becoming a thing of the past. It is clear that we are now more focused on trade and investment, leading us to hesitate in calling out the unlawful activities of Chinese maritime forces in our own waters for fear of economic repercussions.
It is important to highlight that the Philippine government, under President Bongbong Marcos, has opted for a transparency initiative to combat China’s illegal, coercive, aggressive, and deceptive actions in the West Philippine Sea. This strategy has not only stirred a sense of patriotism among the Filipino people but has also strengthened the security collaboration between the Armed Forces of the Philippines and the Philippine Coast Guard with other nations. Additionally, it has enabled our economic planners to seek out alternative foreign direct investments, helping to safeguard our economy against potential economic coercion from China. It is also worth mentioning that this new age would also need transparency to counter the misinformation and lies that bully countries like China never hesitate to utilize.
Regarding the third point, I firmly believe that the cornerstone of our struggle against nations seeking to dismantle the current rules- based order and weaken the effectiveness of international law is the collective action of the majority of countries worldwide.
We must remember the lessons learned from the two world wars: neutrality often equates to condoning the aggressive and unlawful actions of powerful nations. We must not wait until such aggression and provocation reach our own shores before taking a stand. The collective action of like-minded nations is truly the cornerstone of the first two measures. Establishing a common understanding and mutual respect holds little significance if these nations do not take decisive action to hold accountable those who violate international law. Similarly, while transparency is important, simply naming and shaming states that undermine the rules-based order could become nothing more than a list of grievances if the majority of nations do not follow through with concrete actions.
I believe that the first level of collective action to bolster our defense against those who infringe upon our sovereignty and sovereign rights is the issuance of statements that criticize and condemn such misconduct and unlawful actions. This initial step is essential in demonstrating to aggressors that like-minded states stand united in calling out those who threaten the rules-based order. Such statements represent a peaceful form of collective action that can prompt international law offenders to reconsider their behavior. A prime example of this is the G-7’s condemnation statement; the voices of these powerful leaders carry significant weight in supporting countries that have been victimized by other bully nations like Russia and China.
However, it is important to recognize that joint statements condemning bullies and expressing support for those being bullied may not be sufficient to compel China to adhere to international law. Notably, in the recent G-7 statement, the PRC was specifically mentioned in strong opposition to any unilateral attempts to alter the status quo in the East and South China Sea through force or coercion. Despite this, China continues to engage in illegal activities not only in the West Philippine Sea but also in the Senkaku Islands.
Therefore, the second level of collective action must occur concurrently by enhancing security engagements with more powerful countries through strategic partnerships, strengthening alliance treaties, conducting military exercises, and providing capacity- building training. Additionally, supporting the modernization of defense capabilities in countries that are victims of bullying is essential. Such military-to-military engagement can serve as a deterrent, encouraging deviant states to reconsider actions that threaten the established rules-based order. However, based on how we see the behavior of China it is never affected their behavior to remain to bully countries in Southeast Asia and blatantly remains to ignore the international law.
Nevertheless, the first two levels of collective action I mentioned seem to be snubbed by the PRC. The international community must explore alternative measures, such as economic sanctions, to compel China to comply with international law. For instance, Japan and the United States represent a significant portion of China’s $5.8 billion seafood exports, with 21% of U.S. seafood imports and 18% in Japan sourced from China. While I don’t suggest depriving our American and Japanese friends of seafood, it’s important to recognize how economic ties with China could serve as leverage for accountability. Imposing economic consequences might prompt China to change its behavior; without tangible repercussions, its aggressive actions are likely to continue, rendering our other collective actions ineffective.
In conclusion, I would like again to reiterate that the Philippines’ struggle in the West Philippine Sea is not just about our sovereignty; it’s a fight for everyone in this room. Allowing China to blatantly disregard the established rules-based order threatens the very foundation that we all depend on. If we permit this, countries worldwide may forget why this order was created in the first place. Nations could begin to doubt the significance of adhering to international law if powerful bullies can easily violate it. This could lead us back to a time when might makes right, undermining the global structures that keep human greed, savagery, and barbarism in check. Such a scenario would not only invite challenges from aggressive states but also from those who have been oppressed, potentially leading to chaos and another world war.
And so therefore, I am appealing to all the people here in this room, let us all act together to come up with a collective action that would compel China and Russia to fall in line and adhere to the international law because if they will persist, the future of the younger generation will remain to be imperil. We must remember that the global peace we enjoy today is a legacy inherited from those who endured the horrors of war twice in their lifetime. Our only obligation now is to preserve and maintain it.
*Commodore Jay Tarriela is the Philippine Coast Guard Spokesman for the West Philippine Sea
