Philippines to pick venue soon for second South China Sea case against Beijing

MANILA: The Philippines will soon decide on an international platform to sue China for alleged damage to the marine environment, its justice minister said, as it pursues a second high-profile legal challenge against Beijing over the South China Sea.

The Philippines won a landmark case at the Permanent Court of Arbitration in 2016 that found China's sweeping claim of sovereignty in the South China Sea had no basis under international law.

It now wants to hold Beijing accountable for what it says is its harvesting of giant clams and substantial environmental damage to coral reefs in the Philippines' exclusive economic zone.

"We're in discussion and the decision has to come very soon," Justice Secretary Crispin Remulla said, referring to which legal forum to file the case.

"The sins are really so obvious," he said. "In the end, this is the best way to attack. There are many ways of solving a problem, but this is one of the most novel ways."

China was incensed by the 2016 arbitration case and has refused to recognise it, doubling down on its efforts to assert its sovereignty claim with an armada of coast guard and fishing militia, hundreds of kilometres off its mainland.

Beijing, which has built manmade islands on top of reefs, some with missile systems and runways, has denied harming marine ecosystems in the region and has accused the Philippines of the same. Manila rejects that.

A 2023 report by the Center for Strategic and International Studies found China's construction activity buried more than 1,861ha of reef.

The environmental dispute has become another flashpoint in a long-running territorial row between China and US ally the Philippines, which has seen repeated confrontations between vessels over disputed features in Manila's EEZ, including the Scarborough Shoal, the Second Thomas Shoal, and Sabina Shoal.

Remulla said the case build-up is backed by "a lot of evidence" from the Philippine coast guard and other agencies on the frontlines of the South China Sea. The Permanent Court of Arbitration and the International Court of Justice are among several possible venues Philippine officials have identified in exploring options for the second case.

Remulla stressed the urgency of the case and said the government was hoping to file it this year, underscoring the need to firm up its legal strategy.

"This is a civil case. We look for damages. We want to be awarded damages for that," he said. "This is all due yesterday."

The Philippines alleges Chinese activities, including dredging, coral harvesting, and the construction of artificial islands, have caused significant and irreversible damage to coral reefs and marine biodiversity. China has accused the Philippines of causing damage to the Second Thomas Shoal by intentionally grounding a warship there in 1999.