Why Study Law

Good summary of the South China dispute
"While this Motion for Reconsideration was pending resolution, the United Nations Permanent Court of
Arbitration tribunal constituted under the Convention on the Law of the Sea (UNCLOS) in Republic of the
Philippines v. People's Republic of China released its monumental decision on the afternoon of 12 July
2016. The findings and declarations in this decision contextualizes the security requirements of the
Philippines, as they indicate an alarming degree of international law violations committed against the
Philippines' sovereign rights over its exclusive economic zone (EEZ).
"Firstly, the tribunal found China's claimed nine-dash line, which included sovereign claims over most of
the West Philippine, invalid under the UNCLOS for exceeding the limits of China's maritime zones
granted under the convention.
"Secondly, the tribunal found that the maritime features within the West Philippine Sea/South China Sea
that China had been using as basis to claim sovereign rights within the Philippines' EEZ were not entitled
to independent maritime zones.
"Thirdly, the tribunal found that the actions of China within the EEZ of the Philippines, namely; forcing a
Philippine vessel to cease-and-desist from survey operations, the promulgation of a fishing moratorium
in 2012, the failure to exercise due diligence in preventing Chinese fishing vessels from fishing in the
Philippines' EEZ without complying with Philippine regulations, the failure to prevent Chinese fishing
vessels from harvesting endangered species, the prevention of Filipino fishermen from fishing in
traditional fishing grounds in Scarborough Shoal, and the island-building operations in various reefs, all
violate its obligations to respect the rights of the Philippines over its EEZ.
"Fourthly, the tribunal rejected Chinese claims of sovereignty over features within the Philippine's EEZ,
and found that its construction of installations and structures, and later on the creation of an artificial
island, violated its international obligations.
"Fifthly, the tribunal found that the behaviour of Chinese law enforcement vessels breached safe
navigation provisions of the UNCLOS in respect of near-collision instances within Scarborough Shoal.
"Finally, the tribunal found that since the arbitration was initiated in 2013, China has aggravated the
dispute by building a large artificial island on a low-tide elevation located in the EEZ of the Philippines
aggravated the Parties' dispute concerning the protection and preservation of the marine environment
at Mischief Reef by inflicting permanent, irreparable harm to the coral reef habitat of that feature,
extended the dispute concerning the protection and preservation of the marine environment by
commencing large-scale island-building and construction works at Cuarteron Reef, Fiery Cross Reef,
Gaven Reef (Norths Johnson Reef, Hughes Reef, and Subi Reef, aggravated the dispute concerning the
status of maritime features in the Spratly Islands and their capacity to generate entitlements to
maritime zones by permanently destroying evidence of the natural condition of Mischief Reef,
Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, and Subi Reef.
"Taken as a whole, the arbitral tribunal has painted a harrowing picture of a major world power
unlawfully imposing its might against the Philippines. There are clear indications that these violations of
the Philippines' sovereign rights over its EEZ are continuing. The Philippine state is constitutionally-
bound to defend its sovereignty, and must thus prepare militarily.
"No less than the 1987 Constitution demands that the 'State shall protect the nation's marine wealth in
its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.'
"No less than the 1987 Constitution states that the principal role of the military under the President as
commander-in-chief shall be as protector of the people and the State to secure the sovereignty of the
State and the integrity of the national territory. xxx.
"In the context of recent developments, the President is bound to defend the EEZ of the Philippines and
ensure its vast maritime wealth for the exclusive enjoyment of Filipinos." (Saguisag v. Executive
Secretary, G.R. No. 212426, July 26, 2016)

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Good summary of the South China dispute

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