Anunciacion, Isabel Francesca Castillo

Injustice in the West Philippine Sea

Justice Carpio started his lecture by describing the West Philippine Sea as
one of the most important waterways in the world, specially for the four leading
exporting countries such China, Japan, South Korea and Taiwan, which passes
through these waterways coming from the narrow strait of Malacca to carry 5.3
billion dollars worth of shipborne goods and 60% to 50% fuel supply of such
respective countries.

China’s vested interest, aside from historical claims, and maritime fishery
abundance is because, these waterways which used to carry before in 2015, 80%
of their fuel supply then thereafter the pipelines created from the coast of
Myanmar going to Kunming, their local province, later now carries now 50% of
their fuel supply. The constant supply of fuel in their purview is imminent to
their economy and such blocking of the Malacca strait could put their economy
to a halt.

There are more reasons why this is much disputed waters because as
mentioned earlier, it is rich in maritime fishery abundance, almost 12% of the
Annual fish catch of the world comes from such, because of the Spratlys Islands
which is found in the South China Sea. It is known that the Atoll reefs is where
the fish spawn lay their eggs and such larvey are carried by the currents and tide
which results in the maritime fishery resources of the respective adjacent
countries.

Even more importantly a mineral resource which is so much more

valuable than any of the above of the mentioned can be found in these seas, this
is the Methane Hydrates lamps. China, Japan and Korea having the technology
are keen on exploiting such minerals. This is known to be an abundant reserve
compared to oil and gas, which could power any economy and for that matter
the Chinese economy for more than 100 years. Now China has been starting
research laboratories and such pilot labs are already built in the coast of
GuangDong as specifically and in detail explained by Justice Carpio.

Such vested interest is enough reason to have this territory to be in

dispute.
Anunciacion, Isabel Francesca Castillo

Justice Carpio discusses the strength of our claims based on the laws or
sovereign rights as stated in the United Nations Convention on Law Of the Sea
(UNCLOS). He defined how our territory extends and how it governs our claim
over the West Philippine Sea, because of a rock that is found within our territory
which extends our territory to 12nm miles from the coastline.

The Tribunal upheld that Subi reef is part of the territorial sea of Pagasa
Island because of that tiny rock along our territory whether low tide or high tide
extends our territorial scope by 12nm which is supported by Article 13
Paragraph 1 of the UNCLOS and such can be used as our baseline.

In defense China submitted a position paper and refuse to participate in

Hague Convention and maintains that through this position paper, their claim in
the South China Sea dates back to over 2,000 years ago, being that China was
the first country to discover, name, and explore the resources of the South China
Sea Islands and the first to continuously exercise sovereign powers over them.
Judge Carpio claims this to be false and the participating countries agree in the
convention.

China up to this date claims that their “Nine-dash-line” map stands, even
if such claims were rebutted by the tribunal on several conventions held and
consequently the Arbitral ruling, not participating and stating that jurisdiction
does not lay in such agreements made by the countries is the position China
seems to upheld up to this day. This continues to amaze me, how China could
withstand the rulings of peace conventions and such refusal is forgiven and
allowed without any further actions among respective involved countries or for
that matter the Tribunal. The problem is although such Arbitral ruling is found
to be legally binding there is no mechanism that is brought to implement such
ruling, no penalties, criminal consequences or other form of sanctions to push a
violating party or country to submit to such ruling. It is sad to think that the
interest of one can be upheld over the interest of many in this modern day of
awareness of justice and equality.

This makes me angry and makes me want to act like Daenarys Targearyan
over China with their claim over our land and our territory because we are not
their sovereign. We have been the sovereign for centuries by the Spanish and
Americans and now being independent they would like to lay claim on our
freedom by slowly occupying our territory. I had to drink a cup of coffee to
Anunciacion, Isabel Francesca Castillo

calm my emotions towards this clip. Stating the facts and circumstances by
Court Justice Carpio, I do not understand how the Duterte Administration or
even Duterte can stay calm with China’s claim over the Philippine Territory,
although recently in the United Conventions he mentioned our claim over the
South China Sea just slightly, it's still not enough to lay hold or establish our
stance to make them stop building improvements on our territory, destroying
our reefs, depriving our fishermen of harvesting on our own waters is hostile
approach. Applying the Article II Section 2 of the Constitution declaring as our
states principles and policies being important to maintain peace, amity and
cooperation with all nations defeats the purpose of peace talks if the Chinese
government refuses to participate.

I could say this is a talk among Filipinos and has been going around since
they started occupying Scarborough shoal, this although over the top is enough
reason that should make us fear that our freedom is in danger again. This is not
good for our future generations.

We Filipinos are no longer illiterate. We know how to run the country on

our own and this threat is imminent to our Independence, which should not be
Ignored. I can go on about the details of my passionate rants about our freedom,
but I’m currently lost for words and can only suggest to have our Philippine
government continue its course in laying claims over our own land. I agree with
Justice Carpio that this should not be ignored and I appreciate the awareness he
is giving by doing these video clips, this clip should be widely circulated. I end
my paper by being one of the people to share in my own small way through
social media this clip to promote awareness among Filipinos on what's
happening over the dispute in the West Philippine Sea.

Sources:

Link : Justice Carpio Defending Philippine Sovereign Rights in the West Philippine Sea
https://youtu.be/2GWcgKNMxjo