SUMMARY OF THE DISCUSSION OF JUSTICE ANTONIO CARPIO ON THE PHILIPPINE
SOVEREIGN RIGHTS IN THE WEST PHILIPPINE SEA
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The South China Sea is one of the most important waterways nowadays.
12% of the annual global fish catch comes from the South China Sea even
if it only accounts for 2.5% of the water areas.
The area is also rich in Methane Hydrates. This natural gas estimated to be
more abundant than oil and gas combined. It is estimated that Methane
Hydrates in the South China Sea could power the Chinese economy for at
least 100 years.
Trading in the area
Importance of Sandbars and rocks above water at high tide
LTE Rock or Sandbar within Territorial Sea
China did not participate in the proceedings in the Hague but they
submitted a position paper. They said they own the South China Sea sine
over 2000 years ago. They claimed they were the first country to discover,
name, explore and exploit the resources of the South China Sea Islands
and first to continuously exercise sovereign powers over them.
China submitted a Nine-dashed line Map saying they own everything
within the nine-dash line.
According to Justice Carpio, China’s historical narrative is historically false.
The Tribunal said that it was only on 7 May 2009 (date the map was
submitted by China to the UN) that the world was notified of China’s
claim.
The map was done in 1947 but was only known by the world in 2009. The
Philippines, Vietnam and Indonesia protested.
In 2013, China published a new map, a vertical map, where a 10th dash
near Taiwan is indicated. Thus, the nine-dash line is still growing to this day.
China treats the waters as its national territory just like its land.
1946-2017: China moved out of Hainan (expansion) in 1946 when the
Japanese forces left the South China Sea Paracel Islands and Itu Aba.
The great leap of China happened in 1946. Afterwards, China began
seizing islands in the South China Sea. China’s clipping expansion at the
South China Sea.
According to Chinese Foreign Minister Wang Yi in his statement in
Washington DC in Feb. 2016: China and the Philippines are very close
neighbors separated by just a “narrow body of waters” referring to the
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sliver of territorial sea and EEX between the Philippine coastline and the
nine-dashed lines.
In 2018, before Chinese Pres. Xi Jin Ping visited the Philippines, Ambassador
Zhao Jianhua wrote an opinion article at the Philippine Star starting his
article with “Being separated by only a narrow strip of water, China and
the Philippines have been close neighbors for centuries.”
Before Pres. Xi Jinping visited Manila, an article “Open Up New Future
Together for China-Phils. Relations” published in Chinese and Phil.
newspapers. It stated, over 600 years ago, Chinese navigator Zhen He
made multiple visits to the Manila Bay, Visayas and Sulu on his 7 overseas
voyage seeking friendship and cooperation. According to Justice Carpio,
the message of this statement was that since Chinese were here 100 years
before the Spaniards, they discovered the Phils. And own the country. But
that they are generous and would not reclaim that. However, they still
own the Spratlys. The narrative is totally false since Zheng He never visited
the Philippines.
The first name given to the South China Sea was Cham Sea named after
the Cham, a powerful maritime family in Central Vietnam. Zhang He
visited Central Vietnam and not the Philippines.
CONTINUE AT 24:31B
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According to the Arbitral Tribunal, there was no legal basis for China to
claim historic rights to resources within the sea areas falling within the ninedash line.
Every coastal state in the world can claim only up to 350 nautical miles
under UNCLOS (12 from territorial sea, 200 EZ, 100 from edge of EZ). China
was claiming more than 800 nautical miles. They were claiming the Reed
Bank which is 800 nautical miles from Hainan.
The problem was how to enforce the rule.
CONTINUE AT 32:39
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China will not comply with the ruling. Chinese were taught that the South
China Sea was theirs. If the Chinese government were to surrender said
rights, the Chinese people will get angry.
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The Phil. asked UNCLOS to rule on the historic rights. The Phils. Submitted
to the Tribunal over 170 ancients maps (Chinese, Philippine, South East
Asian Maps
1734 Murillo Velarde Map (the most important map of the Phils). First map
that gave a name to Scarborough Shoal – Panacot (danger) also
Palawan (Spratlys). The map was commissioned by the King of Spain.
Thus, it was an official map of the Phils. during the Spanish Regime.
Atlas of Ancient China showed that their southern most part is Hainan from
the Song to the Ching Dynasties (almost a 1000years).
When they became a republic in 1912, their Constitution referred to the
territory of Ching (southernmost part is Hainan).
Private citizens drew the Map of National Humiliation covering areas
beyond China saying that when China as received, they will get back
what was theirs. The map was widely circulated in China. But said map
never included Spartlys nor Scarborough.
In 1943 China Handbook, it said that the Triton Island of the Paracel Group
to the South of Hainan was part of their territory. Again, Spartlys nor
Scarborough were not mentioned. In the 1946 revision of the said
handbook, China already claimed the Spratlys. It also said that it was also
being claimed by the Phils and Vietnam.
Because of the inconsistences in the claim of China, the Tribunal said that
CHINA NEVER HAD HISTORIC RIGHTS IN THE SOUTH CHINA SEA.
The Tribunal is unable to identify any evidence that would suggest that
China historically regulated or controlled fishing in the South China Sea,
beyond the limits of the territorial seas.
What is the Legal Basis of the Phils. Claim to Scarborough Shoal? The 1898
Treaty of Paris between Spain and the US drew a rectangular line wherein
Spain ceded to the US all of Spain’s territories found within the treaty lines.
Scarborough Shoal lies outside the treaty lines. Spratly’s was also outside
the lines. This was a big problem for the Phils.
China’s argument why the Phils. Does not have sovereignty over Spratlys
and Scarborough Shoal – The 3 treaties that stipulate Phil. terrirory (1898,
1900 and 1930 all regulated the Phil. west boundary at 118 degrees east
longitude. Areas west of 118 degrees east longitude do not belong to the
Phils. Huangyan Islands are to the west of that.
This was countered using the 1900 Treaty of Washington between Spain
and US which clarified that what was ceded by Spain to the US included
any and all islands belonging to the Phil. Archipelago lying outside the
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lines. The said “any and all islands” were those referenced to the 1734
Pero Murillo map.
What we won is a maritime area larger than the total land area of the
Phils of approximately 300,000 square km. All living and non-living
resources in this huge maritime area (fish, oil, gas and other minerals)
belong exclusively to the Phils.
US, France, Britain, Australia all said that they will sail and fly in the high
seas and EEZs of the South China Sea.
The Tribunal said that Mischief Reef is part of the Phils. Yet today it is
occupied by the Chinese.
Many naval powers actually enforce the ruling for us – asserting freedom
of navigation. The freedom of navigation and overflight operations in the
South China Sea by the world’s naval powers affirm the existence of EEZs
around the high seas of the South China Sea, which China refuses to
accept.
What should the Filipinos do now?
1. Encourage all navies of the world to exercise freedom of navigation in
the high seas and EEZs of the South China Sesa to affirm and enforce
the ruling of the Tribunal.
2. Ask the peoples of the world to help the Phils., Vietnam, Malaysia,
Indonesia and Brunei explain to the Chinese people that China has no
historic claim to the South China Sea.
3. Continue resorting to the Rule of Law as embodied in the UNCLOS. War
is not an option and never has been.
-Carpio: We must fight this battle with China, we must preserve our
sovereign rights at the West Philippine Sea through the Rule of law.
www.imoa.ph
Institute for Maritime and Ocean Affairs