De Leon, Xyros Sam

Garcia, Amyll Ed
Miguel, Gabriel
Uy, Alwyn

The Legal Approach of the Philippines on the issue on West Philippines sea with China

Background of the Study

International law is crucial in the international community in terms, of resolving disputes,
security, ensuring equality among states, and economic assistance. It has been a great feat for
humanity to come together and establish an international statutes, laws, and institutions that will
influence, act, and advice in all aspect of disputes and cooperation in military, territorial, and
economic. These statutes and laws will provide protection and security to any nations who are
members and signatory and will proceed in accordance with the law and statutes. Although, there
are statutes and law that restrict or prohibits certain action among other states in the international
community there is still sovereign immunity among them. The power of a sovereign state to not
obey to the decision and command of other states, but, only to its own country, is a reason why
there are states that does not obey the decision or ruling of the international community. On the
other hand, hegemon states use influences and provides help when it comes to resolution of
disputes in their respective region of influence, they are also the one who tend to ignore some of
the economic and military repercussion of intruding to another sovereign nation. Additionally,
this aspect of certain hegemon state may be seen as in order to acquire equality, resolving
conflict, and world peace, or just a hegemon who wants to dominate and influence others
specifically to small nations who are weak and could be easily threatened.

In the context of the West Philippines Sea, the Philippine government act and file an
arbitral case over in an arbitral tribunal in the Hague tribunal as an institution of UNCLOS
(United Nations Convention on the Law of the Sea) against the incursion of the Chinese navy in
the islands near the Philippines. United Nations Convention on the Law of the Sea is an
institution that propagate the rule of law in the law of the sea in the international community, of
which is significant in its jurisdiction to resolve matters and ensure freedom of navigation within
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the law of the sea. Thus, states that ratified and signatory of UNCLOS are to have the right as a
state’s sovereign rights to have an exclusive economic zone within the 200 nautical miles as an
extension from the territorial baseline of the specified country and the state that ratified in turn,
agreed to proceed with any matter of disputes concerning the law of the sea to be file or to
proceed in arbitration on the UNCLOS tribunal.

However, the disputes in the West Philippine Sea in the case of China that they claim the
island as its historic rights and that it is inside the exclusive economic zone of China. And for the
Philippines they argued that it is not valid that China claims the WPS as their exclusive
economic zone and that China is in violation of the agreement in the law of the sea. The projects
and the geological formations in South China Sea whether above and under water and its 9-
dashed line claim although China is one of the countries that are under participation in
UNCLOS. Arguing their actions with these arguments in which, they use in justifying actions in
South China Sea. Considering this is a massive violation for UNCLOS law of the sea, the
China’s claim 9-dashed line and UNCLOS 200nm exclusive economic zone cannot coincide
with their credence. And that violation could lead to a huge repercussion both in economy and
political. In addition, the dispute between China and Philippines, its legal approach specifically
to the approach of the Philippines is the judicial arbitration which the case argued the violation of
China and that the ruling that was stated question China’s 9-dashed line to the argument that it
would dominate and control the exclusive economic zone which of the laws of the sea entitled
among states. Thus, arbitral tribunal is not bound in territorial sovereignty but rather the legal
status of the land. Eventually verdict of the court ruled numerous advantageous sides from the
Philippines and to its EEZ (Exclusive Economic Zone). Exercising the sovereign rights of the
Philippines should be the utter most priority in order to claim its rights and the rule of law can be
enforced to resolve its maritime dispute and conflict to the South China Sea. And also, that to
resolve conflict in the region is to have a mutual understanding and respect between sovereign
nations.

Theoretical Framework

1. What are the main intentions of China in claiming West Philippine Sea?

2. What is the response of the UN pertaining the China and Philippines territorial disputes?

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3. What is the response of China on the ruling?

The dispute between China and Philippines are still a hot controversy in geopolitics of the
region to which the Philippines considered it as West Philippines Sea while China is still
claiming that it is South China Sea and China is still not claiming the validity of the ruling of the
arbitration case. There are islands that are still claimed and take by the Chinese government and
take their Chinese vessels in there to improve the structural of the islands that were taken. In the
argument of improving their countries security and claims in these islands and to occupy
maritime features. The first time Chinese Vessels had seen in West Philippines Sea, China claims
that their vessel had just docked in the shore due to the bad weather but it is factual that the
Chinese military force is their because their country is within their exclusive economic zone
(EEZ) but West Philippine Sea is much closer to the Philippines and it is also within the EEZ of
the country. Even though this dispute has reached the UNCLOS, China will still accept the claim
that the Philippines have won this dispute because of their power. China is still in a battle to its
territory.

Review of Related Literature

Title: Tension in the South China Sea: Why the Philippines is Challenging China’s Improved
Military Might

This paper tackles the legal approach of the Philippines towards the ongoing dispute with
China. It focuses on the drastic changes made by the former president, Benigno Aquino in 2010,
that counter the other party rather than accommodate them. Some of these are the modernization
of the military and its naval capabilities and building a stronger relationship with the United
States to improve the country’s security as it continues to battle for the territory. The main
subject in this paper is the talk about why President Benigno ‘Noynoy’ Aquino have changed the
policies during his administration despite how the past presidents avoided the conversation
abstaining any negative reaction from China.

Conclusion

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 To sum up, the legal approach of the Philippines the South China Sea Arbitration that
denied the claim of China in the West Philippine Sea is an evidence that international law is
exercising its mandate to always make a peaceful solution in the potential conflict zone in the
world. Yet, China is still claiming dominance in the West Philippine Sea as it will not accept the
ruling of the arbitration. Because UNCLOS could not impose sanctions or give an order to a
sovereign nation thus, there is still issues in the West Philippine Sea. As a result, the dispute
remains unclear to what will happen in the geopolitics in South East Asia will it create an arms
race between the Philippines and all the parties that are involved. But one thing is for sure that
China will not accept the ruling of the tribunal and will still assert dominance in the West
Philippine Sea.

For the Philippines, the Hague ruling remains their most valuable won claims regarding
in the issues in the West Philippine Sea. That the Philippine government must ensure and uphold
the validity of the ruling that China is desperately invalidating the claims of the Philippines. In
addition, validating the legal basis between the Philippines and China remains unclear in their
affairs and diplomatic relationship. As West Philippine Sea is both equally important to the two
nations, in terms of the potential economic benefits, political benefits, and military benefits of
the region.

Reference: Yost, K. (2013). Tension in the South China Sea: Why the Philippines is
Challenging China’s Improved Military Might. Retrieved from
https://calhoun.nps.edu/handle/10945/39040

Rosen, M. E., & CNA Corporation. (2014). Philippine claims in the South China Sea: A
legal analysis.