PHILIPPINE WOMEN’S UNIVERSITY

and its Affiliate School for Men and Women

Taft Avenue, Manila 1004

THE CONTEMPORARY WORLD

West Philippine Sea Dispute

FERNANDEZ, Kyla A.

BEED - 1

Dr. Marianita Laura D. Mombay

I. Introduction

West Philippine Sea (formerly known as South China Sea), is the hottest

issue tackled between the Philippine government and the Chinese government.

Many people were asking, why is these things are happening, why China is

eager to reclaim the territory, and why this case is somehow a never-ending

case.

China is being known as a over-populated country in Asia and reclaiming

lands for military purposes. They are now focused on establishing civil

infrastructures rather than military installations. Soon, they will further expand

their land reclamation activities. This triggers the Philippine government. Since

2015, China’s reclamation in the Zamora Reef is already finished and today

they are building fortresses in the seven reefs in the West Philippine Sea (The

Strait Times, 2018).

The territorial disputes greatly affect the Philippines. West Philippine Sea is

an official territory of the country. It belongs to our Exclusive Economic Zone.

According to United Nation Convention on the Law of the Sea, it is the area of

a costal water and seabed to which country claims exclusive rights for fishing,

drilling, and other economic activities. There is several news that the Filipino

fishermen were not able to fish in the Scarborough Shoal. Chinese Coast

Guards were kept on harassing our fishermen by getting their catch on that day

as soon as they see it and they get even the best ones (Viray, 2018).

The harassment of China to our Filipino fishermen screams a war between

China and the Philippines. As ruled by The Hague-based arbitral tribunal,

 China's bullying of local fishermen in Scarborough Shoal violates the fishing

rights of Filipinos. The shoal is a traditional fishing ground, therefore, China,

the Philippines or any other country cannot prevent others from accessing the

area. Currently, the Philippines filed a protest against China and seems

President Rodrigo R. Duterte is unaware of it.

This paper will further explain the West Philippine Sea dispute. It will discuss

the facts and the viewpoint of the two countries why they are having a territorial

war. Also, the other issues that are connected about the dispute and the

countries who butt in in the discussion. Furthermore, to answer the question,

“Who has the rights in the West Philippine Sea?”.

II. Discussions

Facts about West Philippine Sea (RAPPLER)

 Name – For most countries they know it as South China Sea. Here in

the Philippines, we call it as West Philippine Sea and for Vietnam it is

the East Sea.

 Geography – It covers more than 3 million square kilometers. Its

surrounded by the nearby countries of Southern China, Taiwan,

Philippines, Borneo island and other countries in the Southeast Asia.

West Philippine Sea has small islands, islets and rocks that originally

uninhabited.

 Claimants – China and Taiwan are both clearly stating their claims for

the sea. Meanwhile, Vietnam, Philippines, Malyasia and Brunei have

 overlapping claims about it. On the other hand, China’s argument about

claiming the territory is about its historical facts of “9-dash line”.

China has triggered several disputes that include: (Pulumbarit &

Bigtas, 2016)

 Territorial disputes in the Spratly Islands between the Philippines,

China, Vietnam, Malaysia, and Brunei.

 Territorial dispute between the Philippines and China over

Scarborough Shoal.

 Maritime dispute between China on one side and on the other

side, the Philippines, Vietnam, Malaysia, Brunei and Indonesia

as these countries resist China’s 9-dashed Lines claim as it

encroaches on their Exclusive Economic Zone (EEZs).

 Significance – It is a link between Pacific and Indian Ocean. The territory

is suited to build a connection between the countries of East Asia,

Europe and Middle East, where it helps to give enormous trades and

military value. It was believed that under seabed of West Philippine Sea

there are unexploited oil and gas deposits lying in it. Also, is the home

of marine biodiversity. We can find there the world’s biggest coral reefs.

The place is important since it is the source of fish to feed the growing

population here in the Philippines.

China’s Reclamation of the West Philippine Sea and the 9-Dash Line

The primary driver of the dispute is China’s historical rights in the West

Philippine Sea. According to the Institute for Maritime and Ocean Affairs, in

December 1947, the Kuomintang government adopted the 9-dashed lines

claim. They are claiming “indisputable sovereignty” to the islands and waters

enclosed within the nine U-shaped dashed lines that enclosed 85.7% of the

entire South China Sea (GMA Network, 2016).

China says the South China Sea belonged to them for centuries. However,

Senior Associate Justice Antonio Carpio of the Philippine Supreme Court, says

that "even if true," these historical rights have no bearing on sea disputes under

UNCLOS. Carpio explains that UNCLOS "extinguished all historical rights of

other states." This UN convention instead gives each coastal state an EEZ.

Therefore, the Philippines asserts the “historical rights” of China is baseless

according to the UNCLOS. The UN Convention only allows the EEZ or the

Exclusive Economic Zone and not the 9-dash lines claim of China. Meanwhile,

the US Ambassador Philip Goldberg reiterates the US stand the basis of China

for reclaiming the West Philippine Sea does not pas the legal tests for resolving

disputes. The US envoy clearly stated in an interview, “(There is) no such a

thing as 9-dash line.” (Fonbuena, 2014).

However, China is still going on the process of reclaiming the sea. It is

raising tensions with its neighboring countries. Last 2012, the Chinese

government gave power to Sansha, Hainan to administer the Chinese rule in

the South China Sea. They already conducted a massive dredging and built
artificial islands in the Spratlys and dwarfing the scale of the reclamation work

of the other claimants. Today, their reclamation activities kept on rising. There

are infrastructures built on the small islands, such as radar systems and

runways that are long enough for huge commercial or military planes.

Furthermore, Chinese Coast Guards vessels were still seen roaming

around the territory. They keep on harassing the Filipino fisherman and stopped

the rotation and resupply of Philippine soldiers stationed at Second Thomas

Shoal (Rappler, 2016).

The Philippines’ Claim of West Philippine Sea

West Philippine Sea is part of the Exclusive Economic Zone (EEZ) of the

Philippines. The EEZ is the is a concept adopted at the Third United Nations

Conference on the Law of the Sea (1982), whereby a coastal State assumes

jurisdiction over the exploration and exploitation of marine resources in its

adjacent section of the continental shelf, taken to be a band extending 200

miles from the shore. It comprises an area which extends from the coast or in

federal systems from the seaward boundaries of the constituent states (3 to 12

nautical miles, in most cases) to 200 nautical miles (370 kilometres) off the

coast. Within this area, nations claim and exercise sovereign rights and

exclusive fishery management authority over all fish and all Continental Shelf

fishery resources. (Review of Fisheries in OECD Countries: Glossary, 1998).

The explanation given above evidently stated that the West Philippine Sea

is part of the EEZ of the Philippines. The West Philippine Sea comprises of
Luzon Sea, Kalayaan Group of Islands in Palawan, and Panatag Shoal.

Panatag Shoal's old Spanish name was Bajo de Masinloc, meaning lower

Masinloc. It is located 124 nautical miles west of Zambales in the South China

Sea and is part of the municipality of Masinloc, Zambales. However, China took

control of Panatag Shoal in 2012 and built an artificial island in the Fiery Cross

Reef, called Kagitingan Reef by the Philippines. China also built a 55-meter-

high lighthouse in Subi Reef, called Zamora Reef by the Philippines (Pulumbarit

& Bigtas, 2016).

Furthermore, the Philippines explained that the China damaged the

maritime biodiversity in the West Philippine Sea. Former DFA Secretary Albert

Del Rosario said in the oral arguments at The Hague, “China has irreversibly

damaged the regional marine environment, in breach of UNCLOS, by its

destruction of coral reefs in the South China Sea, including areas within the

Philippines’ EEZ, by its destructive and hazardous fishing practices, and by its

harvesting of endangered species.” China has buried 311 hectares of coral

reefs through its island building activities and forcibly prevented other coastal

states, including from exploiting the resources in the same areas (Esmaquel,

2015).

Due to the subsequent events done by China and their blatant disregard

with the Philippines’ rights in its EEZ, continental shelf and a serious damage

in the marine biodiversity, the Philippines requested for judicial intervention

about the case. The case at the Hague is set to provide a long-term solution to

the sea dispute (CFO, n.d.).

Failed Diplomacy and Legal Challenges

In 2002, the ASEAN members and China adopted a non-binding

“declaration of conduct”. This “declaration of conduct” is discourage aggressive

acts. The parties agreed upon the declaration to not use any threats or force

assert claims. However, China refused to turn it into a legally binding “Code of

Conduct”. The dispute has caused deep division within ASEAN, which normally

seeks to operate on a basis of consensus among its members. The actions of

China pose a threat for the ASEAN countries. Philippines do all things the best

to push for a tough ASEAN stance about the issues. On the other side, there

are several ASEAN members such as Cambodia and Laos, block the moves

of the Philippines to get help against China (Agence France Presse, 2016).

Furthermore, there is a development happening about the code of conduct

which in favors China. It means, there is a tight relationship with ASEAN and

China. This underscores the reality that ASEAN countries have few options,

because they must maintain good ties and deepen cooperation with China,

even if the latter continues to assert its hegemony over the South China Sea

(Oba, 2018).

The Philippines questioned the “Historical rights” of China or known as the

9-dash line. Hence, there is a hearing at The Hague last November 2015. The

countries who attended the meeting are Malaysia, Japan, Vietnam, Indonesia,

Thailand, Brunei and the Philippines. Sadly, there is no representative sent by

China. Last July 12, 2016, the Permanent Court of Arbitration accepted the fact

that the Philippines has the rights for the features of the West Philippine Sea.
 According to the Permanent Court of Arbitration, “The Tribunal has already

held that there is no legal basis for any Chinese historic rights, or sovereign

rights and jurisdiction beyond those provided for in the convention, in the waters

of the South China Sea encompassed by the “nine-dash line”. Also, “the

tribunal has no doubt that China’s artificial island-building activities on the

seven reefs in the Spratly Islands have caused devastating and long-lasting

damage to the marine environment.” This means that the Tribunal clearly says

that China has no rights to reclaim the whole area of the West Philippine Sea.

Only the claim of China must be under their EEZ.

III. Personal Assessment

Philippines’s war versus China about the who has the rights on the West

Philippine Sea is already on talks in the Permanent Court of Arbitration. The

information presented in the discussions is the gist and simplified explanation

about the issue. This case is already causing problems and other non-factual

statements were already given to the Filipinos. It brings tension in the Philippine

island that we were becoming a province of China, because of the continuous

reclamation activities of China in the West Philippine Sea.

According to an article at The Diplomat (2018), China is becoming more

active in providing some ASEAN countries with economic support and

investment under its Belt and Road Initiative (BRI). Although ASEAN countries

are vigilant about excessive economic dependence on China from a strategic

perspective, they do look to Chinese money to accelerate their economic

development and bolster ASEAN connectivity. It seems that ASEAN already

has a relationship with China and it will affect the goals of the Philippines to win

the case.

The question here is why China really wanted to reclaim the West Philippine

Sea and why they are eager to build artificial islands and infrastructures on it.

The obvious reason is its natural resources. Following are the resources that

can be cultivated in the West Philippine Sea:

 Beneath the disputed are there is an estimated 11 billion barrels of oil.

 190 trillion feet of natural gas

 10% of the world’s fishing resources

Second reason is to further expand the territory of China by using the

“continuous annex strategy”. The more China build artificial island and claim as

theirs, the more it can invoke the ITLOS Laws to further get another 200

kilometers of EEZ. Lastly, trading. The West Philippine Sea is where one-third

of world trade valued at $5 trillion that passes through. It is the channel where

2.2 billion consumers can have access through. Evidently, acquisition of the

West Philippine Sea is primary move to control the global trade. If China do

continue its activities, the situation in Panama will happen in the West

Philippine Sea. China might require the vessels and aircrafts to get a clearance

prior their travel period, for them to successfully pass through the West

Philippine Sea (Masigan, 2018).

The Philippines won the Tribunal Court of the Permanent Court of

Arbitration versus China. It is one of great things happened in the Philippine

 history. Among all the claimants, the Philippines is the only one who filed a

case and won the case. However, China sticks to their historical rights and

disregarded the result of the talks. They keep on doing reclamation activities in

the West Philippine Sea. It shows how they disrespect the international system

and has a strong stance on what they believe according to their own laws.

Currently, the Filipinos were vocal about the issues. Specifically, the social

issues. We are now prepared to voice out the things that are wrong and fight

for our rights. It is everyone’s goals to take a step and change the situation of

the Philippines for our own betterment. We need to further persuade the

Philippine government to not neglect the case and look on the essentials of this

issues. Think ahead of a better plan to make the ends meet.

We are now affected by the dispute economically and our Filipino fishermen

from Zambales were being harassed by Chinese people. They do not have the

source of living due to the tensions and bullying of the Chinese people. It is sad

that we cannot fight hand-on-hand with a big country. The thing that we can do

only is to seek allies and believe for the justice. In the end, if this matter is

neglected, the Philippine might be a province of China.

IV. Conclusion

The West Philippine Sea dispute can be considered as news of the decade

in Asia. Many countries were already involved. International intergovernmental

organizations meddle in the situation. However, China is still having a strong

affirmation on what they know what right thing is. They have the pride to
achieve the so-called world power. Meanwhile, the Philippines is just a small

country who wanted to fight for their rights and give the best for every Filipinos.

Again, the Philippines won in the first talks and the Tribunal accepted our

arguments and explanations based on the laws stated in the discussions. West

Philippine Sea is the territory of the Philippines. The islands, islets and rock

formation are part of the Philippine islands. The Philippines only has the power

to take control over the West Philippine Sea. China is just doing things to prove

that they are much more powerful than the Philippines. Yes, China is a big

country and has all the resources they can have, but it does not mean that they

will make the Philippines their underdog.

References

Esmaquel II, P. EXPLAINER: Philippines' 5 Arguments VS China. Retrieved from

https://www.cfo.gov.ph/news/cfo-news-and-events/3248-explainer-philippines-5-
arguments-vs-china.html
FAST FACTS: South China Sea dispute. (2016). Retrieved from
https://www.rappler.com/world/regions/asia-pacific/137304-fast-facts-south-china-
sea-dispute
Fonbuena, C. (2014). 'No such thing as 9-dash line' – US envoy. Retrieved from
https://www.rappler.com/nation/51422-goldberg-china-claim
GMA News. (2018). Fact or Fake with Joseph Morong: Facts You Need To Know On
The West Philippine Sea [Video]. Retrieved from
https://www.youtube.com/watch?v=k-jN6iNSB0o
Masigan, A. (2018). War in the West Philippine Sea | BusinessWorld. Retrieved from
https://www.bworldonline.com/war-in-the-west-philippine-sea/
Oba, M. (2018). ASEAN and the New South China Sea Reality. Retrieved from
https://thediplomat.com/2018/06/asean-and-the-new-south-china-sea-reality/
OECD Glossary of Statistical Terms - Exclusive Economic Zone (EEZ) Definition.
Retrieved from https://stats.oecd.org/glossary/detail.asp?ID=884
Philippines taking 'diplomatic actions' vs China over South China Sea activities. (2018).
Retrieved from https://news.abs-cbn.com/news/05/31/18/philippines-taking-
diplomatic-actions-vs-china-over-south-china-sea-activities
Pulumbarit, V., & Bigtas, J. (2016). INFOGRAPHIC: The Philippines and China: The
West Philippine Sea dispute. Retrieved from
https://www.gmanetwork.com/news/news/nation/573232/the-philippines-and-china-
the-west-philippine-sea-dispute/story/
UPDATED: Historical Facts and Lies in the West Philippine Sea - Institute for Maritime
and Ocean Affairs. Retrieved from http://www.imoa.ph/updated-historical-truths-lies-
west-philippine-sea/