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| 18th-century English aristocrat's map of the Philippines (Source: blog.geogarage.com) |
Local Justices, Government Officials, Lawyers, students and many other stake holders gathered at the Ateneo de Davao University last September 2, 2016 to know more of the decision of the UNCLOS Tribunal in Hague regarding the long fight of the Philippines over the rights in the West Philippine Sea.
The guest speaker who presented the facts and implications of the Tribunal's favorable decision was no other than one of the proponents of the case, Senior Associate Justice of the Supreme Court, Hon. Antonio T. Carpio. The forum was organized by the Ateneo College of Law headed by Dean Manuel Quibod.
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| Justice Carpio delivering his talk re West Philippine Sea (Photo credit: Team Acosta) |
The lecture discussed the ramifications of the Final Award that was issued on July 12, 2016 by the UNCLOS Tribunal at The Hague in the arbitration case filed by the Philippines against China on the West Philippine Sea dispute. The final award invalidates China's nine-dash lines, which encroach on 80% of the Philippines' 200 Nautical Miles Exclusive Economic Zone in the West Philippine Sea. The Final Award also declares that the Spratly Islands are entitled only to 12 Nautical Miles territorial Seas, and that low-tide elevations in the Spratlys like Mischief Reef can be exploited ONLY by the Philippines. The Final Award further declares that Filipino fishermen have traditional fishing rights in Scarborough Shoal. The net result of the Final Award is to clear from any Chinese claim a Philippine Exclusive Economic Zone in the West Philippine Sea larger than the total land area of the Philippines. All the fish, oil, gas and mineral resources in this huge Exclusive Economic Zone belong to the Philippines.
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| Justice Carpio delivering his talk re West Philippine Sea (Photo credit: Team Acosta) |
Take note also that the Permanent Court Arbitration Ruling as to the Philippine China Arbitration Case No. 2013-19, July 12, 2016 declares that, as between the Philippines and China, China's claims to historic rights or other sovereign rights or jurisdiction, with respect to the maritime areas of the South China Sea encompassed by the relevant part of the 'nine-dash line' are contrary to the Convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China's maritime entitlements under the Convention; and further DECLARES that the Convention superseded any historic rights, or other sovereign rights or jurisdiction, in excess of the limits imposed therein;
Declares that China has, through the operation of its maritime surveillance vessels in relation to M/V Veritas Voyager on 1 and 2 March 2011 breached its obligations under Article 77 of the Convention with respect to the Philippines' sovereign rights over the non-living resources of its continental shelf in the area of Reed Bank;
Declares that China breached its obligations pursuant to Articles 279, 296, and 300 of the Convention, as well as pursuant to general international law, to abstain from any measure capable of exercising a prejudicial effect in regard to the execution of the decisions to be given and in general, not to allow any step of any kind to be taken which might aggravate or extend the dispute during such time as dispute resolution proceedings were on going.
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| Justice Carpio presentation re West Philippine Sea (Photo credit: Team Acosta) |
These declarations can be summarized into these points:
Tribunal's Ruling
1. The so-called nine-dash line is invalid;
2. Reclaimed islands have no exclusive economic zone
3. China has behaved unlawfully; and
4. Island building should have stopped during the dispute process
With all these being said, there is still a pressing challenge for the Philippines on how can we fully utilize our victory over China. On the exclusive economic zones that the Philippine has the only sovereign rights, there are still Chinese vessels and activities which disturb our resources and fishermen. Thus, the challenge on how we can strengthen our country's forces in order for these Chinese people not to disturb our waters again. In order for our fishermen to freely fish within the area without fear and other competitors.
This is now the call, how will the Philippines respond?
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