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A position paper on the West Philippine Sea dispute between China and

Philippines

Submitted by:

Abner, Clark Vincent A.

Largosta, Chloe B.

Relos, Jenine Keren E.

Rentoza, Mary Angela C.

Submitted to:

Ms. Michelle Oteros

11 - Cayley

January 23, 2023

 The West Philippine Sea or as what others call it 'South China Sea' which is located at

the west side of the Philippine archipelago, has been home to tons of marine life, coral reefs,

and even oil resources. However, in April of 2012, China started claiming Spratly Islands and

Scarborough Shoal, islands located at the West Philippine Sea, which caused the long reigning

dispute between Philippines and China. China claims that they have historical rights over the

mentioned places and that these places are included in the so-called '9-dashed line', a line map

that was created more than 400 years ago, during the time nations claimed oceans and seas. In

spite of that, these claims weren't settled through the law but through an unethical battle. Last

2016, the Hague tribunal unanimously upheld the Philippines' claim to territorial sovereignty

over the disputed West Philippine Sea. Therefore, the West Philippine Sea belongs to the

Filipinos and to the Filipinos only. China's claims over the territory lacked legal and customary

support.

With the growing interdependence of the world's economies, cultures, and populations, it

opens a revenue to a lot of deals, opportunities, transactions, and international relations. While

it may provide advantages and aid, it may also be a window for growing conflict and dispute.

Given this circumstance, Filipinos face a continuing saga of longstanding conflicting claims in

the West Philippine Sea. As citizens of the Philippines, we firmly believe that we have each and

every right upon the West Philippine Sea and China has zero claim nor power over Filipinos and

our territory. In a 501-page decision, after pursuing the case against China for three years, on

July 12, 2016, the Permanent Court of Arbitration declared that the Philippines had won its

exclusive rights to the West Philippine Sea (Lee-Brago, n.d.). In addition to this, China's claim

was also asserted to be invalid for the reason that it lacked the legal justification to assert

historical rights to resources in excess of those guaranteed by the Convention in the sea areas

falling within the 9-dash line. Apparently, despite the formal declaration of the Permanent Court
of Arbitration (PCA), China is still actively persisting and continues to violates the rights of our

own land. In May 2018, US intelligence reported that China has installed anti-ship cruise

missile, surface-to-air missile systems, and electronic jammers in three of its outposts in the

Spratlys (DS Law, 2018). Moreover, a China Coast Guard ship tried to drive away a Filipino

fishing boat by blocking its path on its way to one of the sandbars near the Philippine-occupied

Pag-asa (Thitu) Island in the West Philippine Sea, a recent display of Beijing’s continued

assertion of its maritime agenda in the disputed waters (Mangosing, 2021). On account of

China’s persistent violation and harassment to Filipino fishermen, Philippines should assert its

territorial jurisdiction over the contested areas under our Exclusive Economic Zone (EEZ)

recognized by UN under 2016 ruling on UNCLOS and strengthen our presence by deploying

coast guard vessels and navy vessels to deter any bullying of Chinese vessels illegally entering

Philippines’ EEZ.

The Philippines being favored by the PCA in the Arbitral Tribunal in the South China Sea

Arbitration is paramount evidence for Filipinos to rightfully utilize our resources that are part of

the Philippines’ EEZ. However, the Arbitral Tribunal did not address issues pertaining to

territorial sovereignty over the countries' disputed maritime features due to jurisdictional

restrictions. The Spratly Islands, for example, are among the marine features in the South China

Sea that are the subject of claims from China, the Philippines, and other coastal states in the

area. The tribunal did not decide who has the ownership of these features. On the bright side,

many issues of this dispute had been addressed by the PCA to mitigate the improper clash

between the two countries. Issues like the so-called nine-dash line as China’s claim to historic

rights in the West Philippine Sea and the legality of Chinese activities in the area of the West

Philippine Sea are some of the focal matters discussed in the tribunal (Geneva Graduate

Institute, 2017).
 Fish and other aquatic resources are abundant in the West Philippine Sea. It is a perfect

example of the Philippines' diverse marine life. Numerous fish, coral, seagrass, and other

marine life species have been found in its seas, and these discoveries have helped scientists

better understand the complexity, fragility, and resilience of the planet. These habitats act as

breeding grounds for schools of fish that populate the oceans across Southeast Asia, in addition

to providing the fish that fill Filipino fishing boats (U.S. Embassy Manila, 2020). The West

Philippine Sea not only holds a rich biodiversity but, is also where bountiful islands, like the

Spratly, are located. The Spratly Islands are abundant in natural resources, are strategically

situated along significant trade routes, are lucrative as fishing grounds, and are a source of

other natural resources, including oil. Claiming the Spratly Island, with its remarkable features, is

an economic boost for one’s country. China is an ever-developing country that is known to crave

success like candy. The Chinese are obsessed on asserting their sovereignty over the West

Philippine Sea, which reflects their desire to increase their territory as an economic boost.

However, their assertion of the nine-dash line from 400 years ago is insufficient and outdated. It

initially noted that this area, in which China claimed rights to living and non-living resources,

developed in the long historical course. Their claim largely overlaps with territories that would

make up the Philippines' EEZ. (Geneva Graduate Institute, 2017). In 2012, the Scarborough

Shoal Standoff, in which Chinese surveillance vessels blocked the Philippine Navy from

apprehending Chinese fishermen anchored inside the atoll, brought tensions over competing

claims to a head, despite diplomatic resolutions. China has disregarded the decision, alleging it

lacked legal force. The PCA ruling, however, promotes the Philippines in the eyes of the world

and increases diplomatic pressure on China.

 The West Philippine Sea is a cultural and economic asset of the Philippines. It continues

to provide for the livelihood of countless Filipino fishermen. Until there is no convincing proof

stating that the West Philippine Sea is not a Filipino territory, the Filipinos shall continue to fight

for their rightful claims over the disputed sea.

In conclusion, the West Philippine Sea remains in possession of the Filipinos only. The

claim of China about the territory being a part of the nine-dash line which is under their historical

rights has long been proven to be weak and unacceptable. But despite the much support the

Philippines have gained from several organizations and other fellow countries, China refuses to

be defeated. The conflict between the two countries regarding this matter has developed into

several physical fights targeting innocent Filipino fishermen who only want to do their jobs. It is

important to understand just how significant the West Philippine Sea is to our country’s culture,

lifestyle, and values. Losing it does not only mean losing one of our riches, but it can also lead

to a decrease in employment, as well as food production and water supply. The Philippines have

every legal right to claim ownership of the West Philippine Sea, and the dispute on this matter

should have been long over.

References:

Mangosing, F. (2021). Filipino fisherman narrates harassment by China Coast Guard near
Pag-asa Island. [online] INQUIRER.net. Available at:
https://globalnation.inquirer.net/193321/filipino-fisherman-narrates-harassment-by-china-coast-g
uard-near-pag-asa-island.

Xu, B. (2020, July 15). China’s Maritime Disputes. Council on Foreign Relations.

https://www.cfr.org/timeline/chinas-maritime-disputes

Lee-Brago, P. (2022, September 5). 'Philippines should proceed with West Philippine Sea

exploration without China'. Philstar.com. Retrieved January 22, 2023, from

https://www.philstar.com/headlines/2022/09/05/2207482/philippines-should-proceed-west-philip

pine-sea-exploration-without-chin

The rule of law in the West Philippine Sea dispute. Institute for Maritime and Ocean Affairs.

(2014, November 10). Retrieved January 22, 2023, from

https://www.imoa.ph/speech-the-rule-of-law-in-the-west-philippine-sea-dispute/#:~:text=What%2

0is%20the%20dispute%20in,in%20the%20South%20China%20Sea.

Medina, C. P. (2017, February). Legal Victory for the Philippines Againsts China: A Case Study.

Geneva Graduate Institute.

https://globalchallenges.ch/issue/1/legal-victory-for-the-philippines-against-china-a-case-study/

U.S. Embassy Manila. (2020, July 16). The Philippines’ Future Floats in the West Philippine

Sea. U.S. Embassy in the Philippines.

https://ph.usembassy.gov/the-philippines-future-floats-in-the-west-philippine-sea/