The Philippines and China the South China Sea Arbitration

By Group 3 – The Miracle Team

I. Intro: Quick summary

The Republic of the Philippines launched negotiation procedures against the

People’s Republic of China. The agreement contains the purpose of historic
rights and the origin of maritime entitlements, the situation of seafaring,
legitimacy of actions by China for the South China Sea. The efficacy of
international law is to defend the peaceful, permanent, and legal use of the
seas. China takes the property of the Philippines including the nine-dash
line, recent land reclamation activities, and other activities in Philippine
waters that were unlawful. China used non-acceptance and non-
participation in the events. China may practice aggressive and rebellious
steps to defend its position.

II. Background of the issue

In terms of the geopolitical and economic interests of competing States, the

South China Sea has evolved as a location of enormous significance to global
players, particularly in recent decades. “There is no tense collection of seas in
the world than the South China Sea,” as Foreign Policy writes. It is vital to
refer back to the Permanent Court of Arbitration's Arbitral Tribunal's
decision. In regards to the Philippines' claims toward China under the
United Nations Convention on the Law of the Sea or UNCLOS, particularly
over maritime rights, rights, and territories in the South China Sea, and even
the Conservation and protection of marine life and the environment in the
region. For control of its resources, China and its neighbors have been
deceiving, threatening, coaxing, and battling. The arbitration concerns
disagreements between the two parties over the legal basis for coastal status
and rights, the status of specified geographical features, and the legality of
China's actions in the South China Sea.
 III. Parties involved -

Parties involved in the South China Sea Arbitration are not only the Republic
of the Philippines and the People's Republic of China. Other countries are
involved in these disputes. Because the People's Republic of China is the one
who's claiming the South China Sea as theirs. Even though in the agreement
or the legal documents only this particular part of the sea is only theirs. But
they're still fighting for this "nine-dash line" which is illegal in international
law. Because they're removing the rights of the sovereignty of some states in
their territory. Some states who are also being affected by these disputes
because their territory is also being taken away from them are Taiwan,
Indonesia, Malaysia, Vietnam, and Brunei. Though, there's also some
claiming issue about some island or sea territory near Thailand, Brunei,
Singapore, Cambodia, Vietnam and also Malaysia.

IV. Narratives of each party -

For the Philippines, the South China Sea arbitration should rest upon the
Filipino interest because it is covered within 200 nautical miles under the
Exclusive Economic Zone of the Philippines. They won the 2016 arbitral
award ruled by the Permanent Court of Arbitration and had historical
artifacts to prove so. For them, China's military aggression under the guise of
Chinese fishermen should not be tolerated and must be held accountable for
their transgressions.

Whereas China plays a role in peacekeeping the South China Sea region from
powers like the United States to secure their sovereignty within their
territorial discretion. They argue that the country has historical rights in the
region and works to protect their interests as the arbitral award initiated and
won by the Philippines holds no binding power over their state.

V. Media coverage -

The South China Sea Arbitration had the world all ears from the span of
almost six years. Numerous media coverage from all parts of the globe had
covered this case. In July 2016, the news was packed off with the Philippines
winning the case against China’s 9-dash line. With China Global Television
Network, China’s position on the South China Sea is clear and consistent. On
the other hand, GMA Network asserted that the Philippines appeal for
respect and adherence to international law during the Philippines and
Chinese delegations. In the global state, international reactions were also
heard before and after the ruling of the case. They expressed their concerns,
and some stated their stance. After the ruling, Beijing refused to comply with
acknowledgment. Last June 2021, Philippines Foreign Affairs Secretary
Teodoro Locsin Jr. urged the nations to follow the rule of law during the fifth
anniversary of the Philippines' victory in the arbitration case.

VI. International Public Perception: UN/IO Resolutions, Official

Statements, etc. -

The South China Sea Arbitration was brought to the Permanent Court of
Arbitration in The Hague in 2013 and the decision was announced in 2016.
The ruling of the case varied in different issues such as whether or not China
has a legal basis on the claiming of historic rights of resources falling within
the "nine-dash line" and if China had breached its obligations under Article
94 of UNCLOS concerning maritime safety. The decision was awarded
unanimously to the Philippines in which they have the rights to the claims
within China's nine-dash line such as the Scarborough Shoal and the
Arbitration Court also questions the claims of China beyond the limits of its
maritime zones as constituted on the UNCLOS. Different countries and
organizations had respected the tribunal's decision, including countries that
had claims in the South China Sea. ASEAN issued a joint statement stating
that "the ASEAN member states encourage other countries to respect the
principles contained in the Declaration of Conduct in accordance with the
UNCLOS.". South Korea's Foreign Ministry issued a statement saying "South
Korea supports freedom of navigation and overflight in the South China Sea,
and supports peaceful means in resolving disputes according to international
law."
 VII. Public perception (cite sources) -

Upon searching about this topic throughout different sites and applications
like Facebook, Twitter and YouTube are that people have misconceptions
regarding the topic. It says that The South China Sea Arbitration, which
misleads others by thinking that China is unlawfully doing something on
their boundary. In 2013 when The Philippines filed the Arbitration to The
Hague, it claims that China's dotted map is invalid and not following the
UNCLOS, and they should stop land reclamation. On July 12, 2016, the
arbitral tribunal adjudicating the Philippines’ case against China in the South
China Sea ruled overwhelmingly in favor of the Philippines, determining that
major elements of China’s claim—including its nine-dash line, recent land
reclamation activities, and other activities in Philippine waters—were
unlawful.

Today China continuously builds and develops in the Spratly Island and
Scarborough Shoal when they lose in the Arbitration. And the Philippines
has the rights on those islands. However, because of the threat of war and
dispute, the Philippine government set aside the motives of China, while the
Filipinos force the government to move on their will. This is understandable
but not during a pandemic when everyone is suffering, and the country
needs help from others for aid regarding health and not weapons for war.

Voice Over and Editing – Enrile, Raphael

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