Table 1.

How the Permanent Court of Arbitration Decided the Issues Raised by the
Philippines Against China

Proofs of China’s Disregard

The decision of the Court
Issues for the Decision
(5 pts.)
(in-text citation for sources – 5 pts.)

China was the first country

to discover, name, explore
China claims to historic rights under and exploit the resources of
the nine-dashed lines is contrary to the South China Sea islands
UNCLOS, within lawful effect and and the first to continuously
Historic Rights and the 9-dash Line cannot be the basis of any maritime exercise sovereign powers
entitlement (territorial sea, exclusive over them. The South China
economic zone and extended Sea has been under China's
continental shelf. control for over 2000 years
and the vital trade route
should be rightfully theirs.
South China Sea. China's
claim is not that the entire
No geologic feature in the Spratlys
space within the nine-dash
is capable of human habitation or
line is their territory to
Status of Features economic life of its own so as
control, but that the islands
generate 200-NM EEZ that overlaps
within it, the Paracel, Spratly,
with Palawan’s EZZ
Zhongsha, and Pratas, all
belong to them
Scarborough Shoal is a Rock
entitled only to 12-NM Territorial
The lawfulness of the Chinese
Sea: Filipino fishermen have
Actions in the SCS
traditional fishing rights in the
territorial sea of Scarborough shoal
China claims that it is
China caused Severe harm to dredging only in shallow
Harm to Marine Environment
maritime environment waters—and therefore not
posing significant danger.
China has repeatedly stated
China committed Unlawful acts that “it will neither accept
Aggravation of Dispute during
against the Philippines within the nor participate in the
Dispute Resolution Proceedings
Philippine EZZ arbitration unilaterally
initiated by the Philippines

 
 Table 2. Naval Powers and their Paramount Interests in the South China Sea (SCS) (vis-
à-vis China’s claim of 9-dash line)

Naval Powers Paramount Interests of Naval Powers in the South China Sea (2 points each)

Australia has economic interests in the region and has promoted freedom
Australia
of trade and navigation
France followed the US in launching its own version of an Indo-Pacific
strategy in 2018. Along with other European countries, it has said
France
repeatedly that freedom of navigation must be preserved in the South
China Sea, which is a critical route for global trade.
India’s desire for a deeper economic and security cooperation with ASEAN
India countries
Japan's major interests in the South China Sea are founded on various
Japan elements, ranging from its energy security concerns to its vision for the
future of regional security architecture
New Zealand has an enduring interest in peace and stability in the South
New Zealand China Sea, in its preservation as a trading route for New Zealand goods
and in the upholding of international maritime law.
Though lacking direct strategic and military interests in the region, South
Korea nevertheless has huge economic interests in the South China Sea.
South Korea
As the world’s sixth-largest trading nation by volume, it is highly
dependent on the free flow of goods.
In the South China Sea, US seek to preserve peace and stability, uphold
The United States of freedom of the seas in a manner consistent with international law,
America maintain the unimpeded flow of commerce, and oppose any attempt to
use coercion or force to settle disputes.

 
Essay:
1. Briefly describe the 3 warfares of China in the South China Sea. (5 pts.)
*First warfare: Historic rights to South China Sea- Based on the nine-dotted
line map, China declared in 1958 that it had certain islands in the South China
Sea. Some PRC government officials and the PRC military regard the nine-
dash line's legacy as giving historical backing for their claims to the South
China Sea.
*Second warfare: Legal exceptions of UNCLOS- The Philippines is required by
UNCLOS to safeguard the marine environment both inside and outside of its
maritime zones. The Convention also mandates that States work together to
ensure marine conservation and advance the goal of maximizing the use of
highly migratory species.
 *Third warfare: Huge naval and air bases will intimidate other claimant states-
The South China Sea's other coastal governments are being openly
intimidated in the third Warfare. China erected three enormous air and naval
bases in the Spratly Islands between 2013 and 2015 in an effort to intimidate
other claimant nations into recognizing its nine-dash line as the country's
maritime frontier in the South China Sea. The Tribunal, however, determined
that China's nine-dash line cannot be used as a basis for maritime zone claims.
As a result, there are high seas in the South China Sea that belong to all
people, and there are exclusive economic zones that only belong to the
neighboring coastal states.
2. Briefly describe Justice Carpio's suggestions on how the decision of the
Arbitral Tribunal shall be enforced. (9 points)
- There is a formula, and not only one but many ways of enforcing the arbitral award
without going to war with China using only the rule of law:
- Enter into a sea boundary agreement or convention with Vietnam, Malaysia,
Indonesia, and Brunei.
-  File an extended continental shelf claims in the West Philippine Sea beyond the
EEZ off the coast of Luzon, where China is the opposite coastal state.
- Deploy 10 new response vessels donated by Japan for the Philippine Coast
Guard’s use.
- Welcome the Freedom of Navigation and Overflight Operations (FONOPs) of the
United States, United Kingdom, France, Australia, Japan, India, and Canada in the
South China Sea.
- Send its own Navy to join the FONOPs.
- Invite claimant countries such as Vietnam, Malaysia, Indonesia, and Brunei to
conduct joint FONOPs in the South China Sea.
- Support private efforts to enforce the ruling.
3. Go over the SWOT analysis for the ASEAN, do the strengths and
opportunities outweigh the weaknesses and threats? Support your
answer. (250-word essay - 12 points)