SAN FERNANDO CITY, April 11 – The Philippine government expects an international tribunal hearing an arbitration case it filed to invalidate China’s claims in the South China Sea to issue a decision in the coming weeks.
Department of Foreign Affairs Spokesperson Charles Jose said the United Nations Permanent Court of Arbitration in the Hague will decide whether the Philippines will keep or lose 80 percent of its exclusive economic zone and 100 percent of it is extended continental shelf in the West Philippine Sea.
Jose said the Chinese government is expected to refuse to recognize a ruling favorable to the Philippines as it refused to take part in the arbitration proceedings.
“We expect that China will not recognize (a favorable ruling). We will rely on the international community to convince China to respect the decision,” Jose said during a forum attended by at least 200 representatives of regional and local government agencies on Apr 7 here.
“If China wants to be seen as a responsible member in the international community, then it has to lead by example and follow established laws… especially it is signatory to the UNCLOS (United Nations Convention on the Law of the Sea),” he added.
Jose added China’s claims of “indisputable sovereignty” over nearly the entire West Philippine Sea as represented by the “nine-dash line” is invalid and not in accordance with UNCLOS which the Philippines ratified in 1984 and China in 1996.
Under the UNCLOS, three types of maritime features allow for the waters surrounding a country to be claimed as part of its territory: first, are the “islands” or a naturally formed area of land, surrounded by water at high tide. It entitles the country, 12 nautical miles of territorial sea from the coastline and 200 nautical miles exclusive economic zone (EEZ), giving the country sole right to exploit the resources within it which includes marine products and minerals.”
“Another is the “rocks or reefs” that are mostly below water but above water during high tide and cannot sustain human habitation or economic life on its own, with 12 nautical miles territorial sea and with no EEZ,” Jose added.
An example of which is the Bajo de Masinloc or Scarborough shoal, 120 nautical miles off Zambales coast.
“We have adopted the diplomatic and legal approaches, which includes the full implementation of the 2002 Declaration of Conduct and an early conclusion of a legally-binding Code of Conduct,” Jose said.
He added: “The legal track which is the arbitration presents the most durable option to defend the national interest and territory on the basis of international law.”
He said the Chinese government continues to assert aggressive behaviour to advance its nine-dash line claim like the blockade at the Bajo de Masinloc and driving Filipino fishermen away with water cannons and preventing the rotation and resupply of provisions to Philippine personnel stationed at the Ayungin Shoal reported in the past months.
Last Tuesday, China switched on a 55-meter high lighthouse it built on the Zamora (Subi) Reef.
Jose also cited the massive reclamation activities and destruction of marine environments in the different reefs also being contested by Vietnam, Brunei, Malaysia and Taiwan.
The UNCLOS, ratified by 166 states comprising 85 percent of the entire membership of the United Nations, is the primary international law governing the use of the oceans and seas. It governs the use of the following maritime zones: (a) internal waters or archipelagic water; (b) territorial sea, an area of 12 nautical miles from the baselines along the coast; (c) exclusive economic zone (EEZ), an area of 200 nautical miles from the baselines; (d) extended continental shelf (ECS), an additional area of 150 nautical miles from the outer limits of the EEZ; and the (e) the AREA which is the maritime zone beyond the ECS, belongs to all states, whether coastal or land-locked. (MCA/JDS/PIA-I, La Union)
