Koh: Law as small nations’ ally vs bullies
As a veteran diplomat and legal scholar, Tommy Koh of Singapore has always believed that no country—no matter how small—should be bullied and trampled on by a major power.
Defending the rights of smaller states and amplifying their voice in the international stage has earned Koh the Ramon Magsaysay Award this year, the highest honor given to individuals from Asia who have shown exceptional leadership and service that resulted in the transformation of countless lives.
“The reality of the world we live in is that the big is favored over the small; the strong over the weak. And in th[is] world, small countries are often not invited to sit at the top table, often their voices are ignored,” Koh said in a recent press conference held via Zoom.
But he stressed that “even if you’re small, you must defend your rights, and not allow the big country to bully you.”
When he entered the foreign service in 1968 to represent Singapore at the United Nations, he did just that to help geographically smaller and developing countries like the Philippines build a powerful legal and diplomatic arsenal in future conflicts.
Law anchors PH case
More than a decade later, he led more than 150 countries in adopting the United Nations Convention on the Law of the Sea (Unclos), considered the “Constitution for the Oceans,” that would provide the fundamental framework for cooperation among countries in maritime activities and peaceful resolution of disputes.
The Philippines has been citing the Unclos to assert its sovereign rights over the West Philippine Sea, the waters within the country’s 370-kilometer exclusive economic zone, after China continued to encroach on key islands and other features as supposedly part of its nine-dash-line claim in the larger South China Sea.
Tensions and violent encounters between Filipino fisherfolk, Philippine Navy and Philippine Coast Guard personnel and the China Coast Guard have not abated even after a 2016 arbitral ruling from The Hague maintained that the Philippines has the exclusive sovereign rights to explore and manage the resources, including oil and gas, within the West Philippine Sea.
The Unclos and the landmark decision have put the Philippines in equal footing with a major power as far as international law is concerned.
“Many Filipinos don’t realize that your claim to an archipelagic state found international validation for the first time in Unclos,” stressed Koh, who is also a law professor at the National University of Singapore.
The Philippines must continue to hold on to Unclos as it is “fundamental to its identity as an archipelagic state,” he added.
In the case of Singapore, he said, disputes with other countries like its neighbor Malaysia are resolved through negotiations or arbitrations. “If (they are) not successful, we take it to a binding third party procedure.”
But what happens when a major power refuses to recognize an international legal framework like Unclos? While China refuses to recognize the landmark arbitration, it signed and ratified the UN agreement in 1996.
‘Considerable force’
Koh said that it is common for more powerful states to ignore international law and just impose their will on those they think they can influence and control.
“But we must hold big countries to account when they violate,” he stressed. “You may be small but you have a voice.”
Singapore, for its part, formed together with Cabo Verde and Barbados the Forum of Small States (FOSS) in 1992 to help nations with common interests and concerns grow in strength and find their place in the international community, including the UN. From just 16 members, FOSS now includes 108.
“When we speak with one voice, when we vote for one another, we are a considerable force,” said Koh.
This is the guiding principle that has shown in his work as a diplomat and lawyer: “We may be small but we are not without agency.”
Whether in foreign policy or in everyday life, he has vowed to advocate for the rights and freedom of an individual or a country using dialogue, consensus and the rule of law over use of force, aggression and confrontation.
