Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 4

Table of Philippine Claims and Tribunal Rulings*

Submissio Jurisdictional
Philippines’ Claim Merits Ruling
n Number Ruling
(Deferred to Yes: UNCLOS
China’s maritime entitlements in South merits stage) comprehensively allocates
1 China Sea may not exceed those established rights to maritime areas
by UNCLOS Jurisdiction
granted Philippines win
Yes: There is no legal
basis for China to claim
(Deferred to historic rights to waters in
China’s “nine-dash line” claim is invalid to merits stage) the South China Sea (so,
2 the extent it exceeds the limits established by to the extent that is what
UNCLOS Jurisdiction the nine-dash line means,
granted it is invalid)

Philippines win
Yes: Scarborough Shoal is
a rock that generates no
Scarborough Shoal generates no EEZ or Jurisdiction
3 EEZ
continental shelf granted
Philippines win
Yes: Mischief Reef,
Mischief Reef, Second Thomas Shoal, and
Second Thomas Shoal,
Subi Reef are all LTEs that do not generate Jurisdiction
4 and Subi Reef are LTEs
territorial seas or EEZs, and are not subject granted
to appropriation
Philippines win
5 Mischief Reef and Second Thomas Shoal are (Deferred to Yes: Mischief Reef and
part of the Philippines’ EEZ and continental merits stage) Second Thomas Shoal are
shelf part of the EEZ and
Jurisdiction continental shelf of the
granted
Philippines

Philippines win
No: Both Gaven and
McKennan Reef are above
Gaven Reef and McKennan Reef (including
water at high tide; they
Hughes Reef) are LTEs that generate no
Jurisdiction are rocks that generate
6 maritime entitlements, but may be used to
granted territorial seas but no
determine baselines to measure territorial
EEZ or continental shelf
sea
Philippines loss
Yes: Johnson Reef,
Cuarterton Reef, and
Johnson Reef, Cuarterton Reef, and Fiery Fiery Cross Reef are rocks
Jurisdiction
7 Cross Reef generate no entitlements to EEZ that generate no EEZ or
granted
or continental shelf continental shelf

Philippines win
Yes: China has interfered
(Deferred to with Philippine sovereign
China has interfered with the Philippines’
merits stage) rights to fishing and
exercise of sovereign rights over living and
8 hydrocarbon exploration
non-living resources within its EEZ and
Jurisdiction within its EEZ
continental shelf
granted
Philippines win
Yes: China failed to
(Reserved to
prevent Chinese
China has failed to prevent its nationals and merits stage)
fishermen from fishing
9 vessels from exploiting the living resources
within the Philippine EEZ
in the Philippines’ EEZ Jurisdiction
granted
Philippines win
10 China has prevented Philippine fishermen Jurisdiction Yes: China violated the
from pursuing their livelihoods through granted Philippines’ “traditional
fishing rights” at
traditional fishing activities around Scarborough Shoal
Scarborough Shoal
Philippines win
Yes: China engaged in
environmentally harmful
fishing/harvesting
China has violated UNCLOS’s environmental
Jurisdiction practices at Scarborough
11 protection obligations at Scarborough Shoal
granted Shoal and Second
and Second Thomas Shoal
Thomas Shoal

Philippines win
Yes: Environmental
protection provisions
were violated at Mischief
Reef; artificial island
China’s occupation and construction on (Deferred to construction violated
Mischief Reef violate UNCLOS provisions on merits stage) Philippine sovereign
12 artificial islands and environmental rights within its EEZ; the
protection, and are unlawful acts of Jurisdiction “appropriation” claim is
attempted appropriation granted moot because Mischief
Reef is an LTE not
capable of appropriation

Philippines win
Yes: China violated
China has violated UNCLOS by dangerously UNCLOS and other treaty
operating law enforcement vessels creating Jurisdiction provisions on maritime
13
serious risk of collision near Scarborough granted safety
Shoal
Philippines win
14 China has unlawfully aggravated and (Deferred to Yes: Although there is no
extended the dispute by interfering with the jurisdiction over disputes
involving military
activities such as the
Second Thomas Shoal
Philippines’ rights of navigation near standoff, China has
merits stage)
Scarborough Shoal, preventing the rotation aggravated/extended the
and resupply of Philippine personnel disputes through recent
Jurisdiction
stationed at Second Thomas Shoal, and large-scale land
granted in part,
endangering the health of the personnel reclamation and artificial
denied in part
there island construction in the
Philippine EEZ

Philippines win
Qualified yes: This claim
(Deferred to
Going forward China shall respect the rights simply asks China to do
merits stage)
and freedoms of the Philippines under what it is required to do
15
UNCLOS and comply with its duties under under UNCLOS;
Jurisdiction
UNCLOS therefore, no further
granted
statement is necessary

* See p. 34-35 of Tribunal’s Award on Jurisdiction and Admissibility; p. 5 of the PCA’s 12 July 2016 Press Release; and
p. 4 of this paper by Paul Gewirtz.

You might also like