Country: The Philippines

Committee: United Nation of General Assembly

Name: Aqsa Gautama Sofyandi F.
Delegation: Udayana University

Topic : A New Alternative To Resolve South China Sea Dispute

The South China Sea is the widest international water bodies in Asia that merged of
Pacific Oceans zone which lies in the south part of Asias Continent which bordered with the
ASEAN Nations And East Asias Nations Those are The Peoples Republic of China, Republic of
China or Taiwan, The Philippines, The Socialist Republic of Vietnam, Kingdom of Brunei
Darussalam, Malaysia, And Indonesia. The South China Sea Area is around 3,500,000 square
kilometres (1,400,000 sq mi) and being the most important of fishery, marine sailing, shipping,
and trading zone.1
The South China Sea as the important international water bodies in Asia have been
disputing by the 7 sovereign countries by it pottential of fishery, natural gases and oil resources
and the sailing track of international shipping. It making the undeniable disputes of the area to
owned.
The South China Sea has the territorial disputes over the Paracel Islands and The Spartly
Island. These island are disputed by the violating the UNCLOS agreement of Economic
Exclusive Zone (EEZ) from mostly 7 Sovererign Countries those are The Peoples Republic of
China, Republic of China or Taiwan, The Philippines, The Socialist Republic of Vietnam,
Kingdom of Brunei Darussalam, Malaysia, And Indonesia.2
The tension rising up after The Peoples Republic of China occupied The South China
Sea Area by setting the navy patrol over the South China Sea and begin to drilling the oil
resources in 2011 along with the Vietnam. The main issue of dispute are the sovereignty of the
nations border and the exploration an exploitation of South China Sea natural resources.
Stance:
The Philippines believe The South China Sea disputes are made by the violation of
UNCLOS treaty of EEZ border of Philippines nation, which are the disputes over the
Scarborough Shoal and The Spartly Island which is the part of Philippines EEZ by setting 200
nautical miles from Palawan Island territorial sea as the part of The Philippines nation. And the
Philippines purpose is to define the sovereigny of the nations border with EEZ law over the
South China Sea area. And The Philipppines already regulated the owner of Spartly island by
making the Navy base at Pag-asa (Thitu) Island in The Spartly Island Area and facing the
Permanent Court of Arbitration for the Disputes of South China Sea of Spartly Island Occupation
by Peoples Republic of China.3

Past Actions:
The Philippines have been facing the Permanent Court of Arbitration for the Disputes of
South China Sea of Spartly Island Occupation by Peoples Republic of China On October 29,
2015 which making a decision of Finding that the Tribunal was properly constituted in
accordance with Annex VII to the Convention, Finding that the Philippines act of initiating this
arbitration did not constitute an abuse of process. and Finding that there is no indispensable third
party whose absence deprives the Tribunal of jurisdiction.4
The ASEAN Declaration in 2012 which making a resolution of The Parties reaffirm their
commitment to the purposes and principles of the Charter of the United Nations, the 1982 UN
Convention on the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the
Five Principles of Peaceful Coexistence, and other universally recognized principles of
international law which shall serve as the basic norms governing state-to-state relations;
The Parties concerned undertake to resolve their territorial and jurisdictional disputes by
peaceful means, without resorting to the threat or use of force, through friendly consultations and
negotiations by sovereign states directly concerned, in accordance with universally recognized
principles of international law, including the 1982 UN Convention on the Law of the Sea;
The Parties undertake to exercise self-restraint in the conduct of activities that would
complicate or escalate disputes and affect peace and stability including, among others, refraining
from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other
features and to handle their differences in a constructive manner.5
And the maritime awarness project to control the movement of exploration and exploitation at
South China Sea area.
Proposed Solutions:
The issue of South China Sea disputes are not simple to resolve. There are many solutions that
must be taken into consideration and those aspects go far beyond national borders and intentions.
1. Agreement of Unoccupation
Encourages all the countries to understanding the area of South China Sea is an International
water bodies which belong to all nations, so the disputes of the natural resources will be
cooperated with all nation which involved in the disputes. All countries have to hand in hand to
managing the exploitation an exploration of natural resources within the South China Sea area.

2. Raising Awareness
Calls the nations, NGOs and civil society throughout the world to raise awareness regarding the
importance of international relation. Campaign the mutual cooperation of exploring and
exploitating the natural resources, fishery management, shipping through the area, and
international sailing track to honor the sovereignity of countries within the South China Sea.

3. International cooperation of observating the South China Sea Stability

Inviting all nations to cooperating to observe the stability and security within the South China
Sea, and preventing the illegal action of fishery, piracy, and unprotected exploitation of natural
resources in The South China Sea area. Making the regional bodies to authorized the cooperation
of South China Sea Stability and Security along with the navy of the nations.

4. Strenghtening the role of Code of Conduct

Each country should respecting the point of code of conduct, Because different conduct is
required for disputed areas and undisputed areas, the Code of Conduct must differentiate these
two types of areas in order to be fair and effective. For example, a Code of Conduct might rightly
stipulate joint development for the disputed areas, but that stipulation would be subverted if a
claimant demanded that it be applied to areas that are not legally disputed.
5. Support for PCA or ICJ tribune
Encourages all the nations to give support to PCA and ICJ tribune of the South China Sea
disputes. Solutions, in which people, NGOs, and multilevel governments are involved, have a
high possibility to be effective and taking support and respect toward the tribune of the South
China Sea disputes.

"An interactive look at claims on the South China Sea".

http://thediplomat.com/2015/11/international-law-is-the-real-threat-to-chinas-south-china-sea-claims/
The Republic of the Philippines v. The People's Republic of China". Permanent Court of Arbitration.
http://csis.org/files/publication/140930_Hiebert_PerspectivesSouthChinaSea_Web.pdf
http://www.asean.org/?static_post=declaration-on-the-conduct-of-parties-in-the-south-china-sea