West Philippine Sea
Conflict
The Conflict and Basis
for the Claims of
Relevant Parties
Overview of the Presentation
1. The 9-Dash Line and China’s Claim to Historic Rights in the
Maritime Areas of the West Philippine Sea (WPS for brevity)
2. The Status and Features in the WPS
3. Chinese Activities in the WPS
4. Aggravation or Extension of the Dispute Between the Parties
5. Future Conduct of the Parties
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1.
The Nine-Dash Line
and China’s Claim
to Historic Rights in
the Maritime Areas
of the WPS
China’s Position
1. 9 Dash Line
2. Historical Rights
3. Arbitrary court has no
jurisdiction.
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Philippines’ Position
1. 9 Dash line argument is
untenable.
The little island encircled in the maps is
Hainan. With these maps taken from China,
the Republic of the Philippines poses that
Hainan is historically the southernmost part of
China, not the islands in the WPS.
2. Tribunal has jurisdiction
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2.
The Status of
Features in WPS
“
Article 121 Regime of islands. UNCLOS
CONVENTION
1. An island is a naturally formed area of land,
surrounded by water, which is above water at high
tide.
2. Except as provided for in paragraph 3, the
territorial sea, the contiguous zone, the exclusive
economic zone and the continental shelf of an
island are determined in accordance with the
provisions of this Convention applicable to other
land territory.
3. Rocks which cannot sustain human habitation
or economic life of their own shall have no
exclusive economic zone or continental shelf.
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The Islands in Question are the following
1.Scarborough Shoal
2. Cuarteron Reef
3. Johnson Reef, McKenan Reef, Hughes Reef
4. Gaven Reefs
5. Subi Reef
6. Mischief Reef and Second Thomas Shoal
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The status of the Islands can be divided into the following
➢ Status of the Features Above/Below
Water at High Tide
➢ Status of Rocks/ Islands
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Status of the Features
Above/Below Water at
High Tide
The Philippines’ Position
The following maritime features are low-tide elevation. Therefore, are
not land territory and no measure of occupation or control can establish
sovereignty over such features:
1.Second Thomas Shoal
2.Mischief Reef
3.Subi Reef
4.Mckennan Reef and Hughes Reef (the Philippines has considered as
one feature)
5.Gaven Reef
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China’s Position
China has not, as far as the Tribunal is aware, specifically set out its
position with respect to all of the maritime features at issue in these
proceedings.
They only released public statements claiming that they are entitled to
the area.
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Status of Rocks/ Islands
The Philippines’ Position
1. The Philippines seeks specific determinations that certain features
are “rocks” within the meaning of Article 121(3) of the Convention
2. The Philippines effectively seeks a general determination that all of
the high-tide features in the Spratly Islands are “rocks” for purposes
of Article 121(3) of the Convention.
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China’s Position
1. China’s Statements on the Meaning of Article 121(3)
2. China’s Position on the Status of Scarborough Shoal
3. China’s Position on the Status of Itu Aba
4. China’s Position on the Status of Other Features in the Spratly
Islands
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3.
Chinese Activities
in the WPS
Chinese Activities in the WPS
4. Alleged Failure to Protect and Preserve the Marine Environment
5. Occupation and Construction Activities on Mischief Reef
6. Operation of Law Enforcement Vessels in a Dangerous Manner
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4.
Aggravation or
Extension of the
Dispute Between
the Parties
Chinese Activities in the WPS
1. Alleged Interference with the PH sovereign rights in its EEZ and
Continental Shelf
2. Alleged Failure to Prevent Chinese Nationals from Exploiting the
Philippines’ Living Resources
3. China’s Actions in respect of Traditional Fishing at Scarborough Shoal
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China’s Position/ Actions
1. Chinese Actions in and around Second Thomas Shoal (China
has pushed away Philippine vessels)
2. China’s Dredging, Artificial Island-Building and Construction
Activities (China argues that it is lawful)
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The Philippines’ Position
1. Jurisdiction
2. Right to have the Dispute settled peacefully
a. obligaattion not to engage in acts that might aggravate dispute
b. China’s conduct to the dispute
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5.
Future conduct of
the parties
Submission #15
The Philippines’ Submission No. 15 requested a declaration that “China shall
desist from further unlawful claims and activities.” In its Award on
Jurisdiction, the Tribunal noted that the claims and activities to which the
original Submission could potentially relate were unclear. They were unable
to determine whether a dispute existed “between the Parties concerning the
interpretation or application of the Convention or to assess the scope of the
Tribunal’s jurisdiction in this respect.”
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China’s Position
China has not directly stated its position with respect to Submission No. 15 as amended.
The Tribunal has already noted however, in respect of Submission No. 14, that in the course of
these proceedings, Chinese officials have made a number of statements on the importance of good
faith and the duties incumbent on States pursuant to the Convention.
As stated in Article 300 of the Convention, States Parties shall “exercise the rights, jurisdiction and
freedoms recognized in this Convention in a manner which would not constitute an abuse of right.”
Recently, in May 2016, China’s Foreign Minister Wang Yi stated that China acted in accordance
with law and “safeguarding the sanctity of the UNCLOS.”
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End of Content
Researchers
The Team
Zafra, Jose Novem
Arbiol, Jessyl Anne
Sabatin, Reema
Production Team Reporters
Morales, Charmaine B. Medina, Gabriella S. Trillanes, Sucit C.
Go, Angelica Blaise Bastida, Ana Beatrice Nicart, Kirk.
Espadero, Dianne
Guzman, Augem Gail
Mahipus, Lourdes Jane H.
Manzano, Marcille M
Trujillo, Krismee
Velez, Marcellie Angelique Jane
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Source Materials
-Taken from the full text of In The Matter of the South
China Sea Arbitration, PCA Case N 2013-19,
https://docs.pca-cpa.org/2016/07/PH-CN-20160712-Awa
rd.pdf
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