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South China Sea
OpinionComment
Tian Shichen
Huang Zeyi
Tian ShichenandHuang Zeyi

Opinion | Philippines stockpiling bilateral deals to counter Beijing in South China Sea won’t work

  • Talks with Tokyo on a military base reciprocal access agreement are the latest Philippine effort to bolster the forces Manila can rely on to confront China
  • However, agreements with Japan and the US would not apply if the Philippines takes aggressive action in the territory of another state

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Illustration: Craig Stephens
Tian ShichenandHuang Zeyi
Nearly 50 years after the last Japanese second world war soldier – Hiroo Onoda – surrendered to the Philippines in 1974, Japanese military forces are expected to put boots on the ground once again, this time on invitation rather than in aggression.
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Not satisfied with relying on the United States to provoke China in the South China Sea, the Philippines announced in early November negotiations with Japan to boost their military alliance, including an agreement granting reciprocal access to their military bases. Their military chiefs stressed the need for prompt finalisation of the agreement during their recent December 22 meeting.
The Philippines has its own reasons for expanding military alliances. The illusion is that the US and Japan would render assistance if a situation arises where the Philippines engages with China over the Second Thomas Shoal in the South China Sea.

The logic is that the more such bilateral agreements the Philippines has, the more military forces the Philippines can rely on to confront China. However, neither a reciprocal access agreement with Japan nor the 1951 Mutual Defence Treaty (MDT) and Visiting Forces Agreement with the US provide the Philippines with legal tools to provoke China in the South China Sea.

First, since Second Thomas Shoal has never been the Philippines’ territory, the MDT cannot be applied under the territorial jurisdiction principle.

02:13

Philippines accuses Chinese coastguard of firing water cannons at its vessels in disputed waters

Philippines accuses Chinese coastguard of firing water cannons at its vessels in disputed waters

Pursuant to Article I of its 1935 constitution, the Philippines’ territory is defined by a series of international treaties, including the 1898 treaty between the US and Spain (the Treaty of Paris), the 1900 treaty between the US and Spain for the cession of outlying islands of the Philippines (the Treaty of Washington), and the 1930 convention between the UK and the US regarding the boundary between the state of North Borneo and the Philippine archipelago.

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