THE TRIAL OF THE CENTURY

Republic of the Philippines

VS.
People’s Republic of China

Countries who has claim over the disputed islands:

• Philippines
• China
• Taiwan
• Malaysia
• Vietnam
• Brunei

Note:
(1) The Scarborough Shoal (Bajo de Masinloc) and Spartly Islands (Kalayaan Group of
Islands) are under the disputes between the Philippines and China.
(2) South China Sea is also known as West Philippines Sea.

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Trivia:
The capital of the People’s Republic of China is Beijing while the capital of Republic
of China is Taipei.

China’s Contention:
9 Dash Line
– imaginary lines that covers 90 % of the West Philippines Sea.
– it served as china’s basis to their historical maritime rights.

United Nations Convention on the Law of the Sea (UNCLOS) also known Law of the
Sea Convention or the Law of the Sea treaty
- is the international agreement that defines the rights and responsibilities of
nations with respect to their use of the world's oceans, establishing guidelines for
businesses, the environment, and the management of marine natural resources.
- defines the limitations and boundaries of a costal state.

Note: China and Philippines are both signatories and members of UNCLOS.
China - December 10, 1982
Philippines- December 10, 1982

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Internal waters. Covers all water and waterways on the landward side of the baseline.
The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels
have no right of passage within internal waters.
Territorial waters. It measures 12 nautical miles from the baseline, the coastal state is
free to set laws, regulate use, and use any resource.
Archipelagic waters. A baseline is drawn between the outermost points of the outermost
islands, subject to these points being sufficiently close to one another. All waters inside
this baseline are designated Archipelagic Waters. The state has sovereignty over these
waters (like internal waters), but subject to existing rights including traditional fishing
rights of immediately adjacent states
Contiguous zone. It measures 24 nautical miles from the countries baseline.
Exclusive Economic Zones. (EEZs) It measure 200 nautical miles from the country’s
baseline.
High Sea. Owns by everyone, owns by no one.

Philippine Contention:
Exclusive Economic Zone
– it measures 200 nautical miles from the country-based line.
– EEZ, the Philippine cannot assert full sovereign over the disputed island
however the Philippine can exercise economic rights such as:

1. Right to exploit and explore exclusively the natural resources

2. Right to establish or construct artificial islands
3. The right to conduct research; and
4. Right to give states access to surplus resources.

RULING/DECISION OF ITLOS:

On 12 July 2016, an arbitral tribunal constituted under Annex VII to the 1982
United Nations Convention on the Law of the Sea ruled that China has no
legal basis to claim "historic rights" within its nine-dash line in a case brought
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 by the Philippines. The tribunal judged that there was no evidence that China
had historically exercised exclusive control over the waters or resources
within the Nine-Dash Line. according to the Permanent Court of Arbitration.
The Tribunal also said that China has violated Philippine sovereign rights.

“Having found that certain areas are within the exclusive economic zone of the
Philippines, the Tribunal found that China had violated the Philippines’ sovereign
rights in its exclusive economic zone by (a) interfering with Philippine fishing and
petroleum exploration, (b) constructing artificial islands and (c) failing to prevent
Chinese fishermen from fishing in the zone,”

THE RULING WAS REJECTED BY BOTH TAIWAN AND CHINA.

UNITED NATION (UN)

United Nation Convention on

the Law of the Sea (UNCLOS)

International Tribunal for the

Law of Sea (ITLOS)

“The Spartly Islands and the

Scarborough Shoal owns exclusively
by the Philippines” - ITLOS

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 What happen to
Question: the decision of
ITLOS?

Answer:
United Nation (UN) has five permanent members, which are responsible in the
execution of the ruling of ITLOS.
This P-5 has the most powerful military forces in the world.
The five permanent (P-5) members:
1. United States of America
2. Russia
3. China
4. Great Britain
5. France

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