Philippine-China Relations

South China Sea

● PH (May 1984) and China (June 1996) are parties to UNCLOS, however in 25 Aug

2006, PRC files statement saying it does not accept with UNCLOS compulsary

proceedings, Intl Court of Justice and Permanent Court of Arbitration included

● 1995 Philippines-China Bilateral Consultations on the South China Sea Issue, no

settlements

● 22 January 2013 - DFA (DFA Sec Del Rosario) filed Notification and Statement of

Claim on the sovereign rights and jurisdiction of the Philippines in the West

Philippine Sea. First legal case against PRC over territorial and maritime disputes

● China claims areas as far as 870 nautical miles from the nearest Chinese Coast

(nine-dash line, depicted May 2009 in a letter to the UN SecGen), which covers the

Philippines’ exclusive economic zone and continental shelf

○ China has laid claim to, built, and occupied structures (not classified as

islands as per UNCLOS) within the Philippines’ continental shelf or the

international seabed

○ Encroachment of EEZ and international waters, occupying small

uninhabitable coral projections

○ June 2012 China formally created an administrative unit under the authority

of the Province of Hainan which included all maritime features and and

waters within the ‘nine-dash line’. November 2012 Hainan filed law (took

effect 1 Jan 2013) for the inspection, expulsion, or detention of vessels

‘illegally’ entering waters

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 ○ 2012 Scarborough Shoal - prevented Philippines from fishing, and harvested

endangered species protected under PH and intl laws (rocks w/c cannot

sustain human life have no EEZ)

○ April 2012 PH sent invite to China to bring dispute before arbitration, China

declined

The Hague’s Ruling on PH-China dispute

● China’s historic rights to resources in the waters of the SCS were extinguished,

incompatible with EEZs provided for the in UNCLOS

○ No evidence that China had historically exercised exclusive control over

waters or their resources

○ No legal basis for China to claim historic rights to resources within nine-dash

line

● Status of Features - Tribunal classifies features on natural conditions (totally

ignoring land reclamation). Furthermore, transient use does not = to inhabitation.

○ Spratly Islands no extended maritime zones, as islands nor as a unit.

○ Since none of the features claimed by PRC has EEZ, Tribunal could declare

certain sea areas are within PH’s EEZ bc no possible entitlement of China

● PRC has violated PH’s sovereign rights by:

○ 1) Interfering with PH fishing, petrol exploration

○ 2)Constructing artificial islands

○ 3)Failing to prevent Chinese fishermen from fishing in zone

○ Ph fishermen had traditional fishing rights at Scarborough

○ Chinese law enforcement vessels unlawfully created serious risk of collission

when they obstructed PH vessels

● PRC’s large-scale land reclamation has caused severe harm to coral reef

environment and violated its obli to preserve, protect. Tribunal also found Chinese

authorities were aware of this and has not fulfilled their obli

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 ● PRC’s actions since arbitration has aggravated dispute

● PDutz has completely ignored The Hague ruling

● Apri 2019 DFA has filed diplomatic protest on massing of Chinese vessels arounf

Thitu Island (Pagasa local name, host Filipino community, soliders), China’s Vice

Foreign Minister Kong Xuanyou, PH DFA Asec Meynardo LB. Montealegre has

bilateral talks over recent developments, actions, PH: encroachment “a clear

violation of PH sovereignty, sovereign rights, jurisdiction”

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