The Dispute in the West Philippine Sea

By: Noreen M. Albrando

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Introduction
What to know?

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General Introduction

What is the “WEST PHILIPPINE SEA”?

• Refers to the part of the South China Sea that is closest,
and of vital interest, to the Philippines.

• On September 5, 2012, Pnoy issued Administrative Order

No. 29, with Section 1 stating that the “maritime areas
on the western side of the Philippine archipelago are
hereby named as the West Philippine Sea.”

• It includes “the Luzon Sea, as well as the waters around,

within and adjacent to the Kalayaan Island Group
(KIG), and Bajo de Masinloc also known as Scarborough
Shoal.”

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General Introduction
What is the “SOUTH CHINA SEA”?
• Is the much broader expanse of water, often described
as a semi enclosed sea, bounded by China/Taiwan in
the north, by the Philippines in the east, and by
Vietnam, Malaysia, Singapore, Indonesia, and Brunei in
the west and south. The Gulf of Tonkin and Gulf of
Thailand also abut the South China Sea.
• Scattered over the South China Sea are various
geographic features, the most prominent of which are
known internationally as the Spratlys, the Paracels,
Macclesfield Bank and Pratas Island. There are
overlapping claims by various countries to these
features and to the waters and resources surrounding
them, including parts of the West Philippine Sea.

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General Introduction
What is the “KALAYAAN ISLAND GROUP (KIG)”?
• The Kalayaan Island Group (KIG) is a group of over fifty features
and their surrounding waters that belong to the Philippines,
located in what is internationally known as the Spratly Islands.
• The KIG is not the same as the Spratlys, however, as there are
features in the Spratlys that are not part of the KIG.
• The islands, reefs and rocks of the KIG are nearest the Philippine
main archipelago, and are believed to be both economically
valuable and strategically important for purposes of national
security.
• The KIG was formally incorporated as a municipality of Palawan
province in 1978 during the administration of President Ferdinand
E. Marcos through Presidential Decree No. 1596. Nine (9) of its
islands and reefs presently host Philippine civilians and troops.

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General Introduction
What is BAJO DE MASINLOC (SCARBOROUGH/
PANATAG SHOAL)?
• Bajo de Masinloc is a large coral reef which lies off the coast
of the Province of Zambales. It is nearest to the Municipality of
Palauig. Although uninhabited, with only some rocks visible
above water, the shoal has been considered part of the
Philippines from Spanish colonial times.
• Bajo de Masinloc is an area of fishing, navigation and other
activities by Filipinos as well as other nationalities.
• In 2009, when the Philippine Legislature passed Republic Act
No. 9522, Bajo de Masinloc and the KIG were explicitly
mentioned to be under Philippine sovereignty and jurisdiction.
• In 2012, Bajo de Masinloc became the subject of a heated
dispute with China.

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What are the Territorial Disputes in the West
Philippine Sea all about?
• The basic disagreements are about sovereignty or
ownership of the islands, rocks, and reefs in the ocean,
including the adjacent waters and seabed areas.

• Following the entry into force of the United Nations

Convention on the Law of the Sea (UNCLOS) in 1994,
countries also began to contest each other’s rights to
the 200 nautical mile Exclusive Economic Zone and to a
Continental Shelf, particularly the rights to explore for,
and exploit, fisheries, petroleum, and other marine
resources in these zones.
• Military garrisons and other facilities have been set up by
various claimant states to protect their claims.

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What are the Territorial Disputes in the West
Philippine Sea all about?
• With regard to Bajo de Masinloc, on the other
hand, Philippine sovereignty is being disputed only
by China and Taiwan.
• China and Taiwan call it Huangyan Island, and claim
sovereignty and historic rights over the shoal.

• In 2012, China stationed ships on the shoal and began

preventing Filipino fishermen from regaining access to
the shoal and its surrounding waters.

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How many features are presently occupied
by the claimant states?
At present,
• the Philippines occupies 9 features in the KIG, with both
civilian and military personnel present.
• China occupies 7,
• Taiwan occupies 1 (the biggest island of Ligaw or Taiping/Itu
Aba), and
• Vietnam holds the most number at 22 features.
• Malaysia occupies 4 features with civilian personnel, while
• Brunei has not physically occupied any feature.
• Most claimant states are known to also send naval vessels to
conduct patrols and military exercises in the waters around
their possessions.

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How many features are presently occupied
by the claimant states?

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Why does China covet the West
Philippine Sea?
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Why does China covet the West Philippine Sea?
Natural Resources
Beneath the disputed area is
an estimated 11 billion barrels
of oil, 190 trillion feet of natural
gas, and 10% of the world’s
fishing resources.
Continuous Annex Strategy
Second reason is to further
expand its territory using the
“continuous annex strategy.”
The more islands China claims
as its own, the more it can
invoke ITLOS laws to further
annex another 200 kilometers
of EEZ.
Control Global Trade
The West Philippine Sea is
where one-third of world trade
(valued at $5 trillion) passes
through. It is the channel by
which 2.2 billion consumers
can be accessed. To control
the West Philippine Sea is to
control global trade.
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Why does China covet
the West Philippine
Sea?

Many speculate that once China has fully

militarized the area, it will be in the position
to require all ocean vessels and aircrafts to
obtain prior clearance before it can be
allowed passage.
They may even charge a toll like they do in
the Panama Canal.
In short, freedom of passage will no longer
be a free right in the West Philippine Sea.
This will give China unprecedented control
over the flow of goods and people in the
most populous region in the world.

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The Philippines’ 5 Arguments vs.
China

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The Philippines’ 5 Arguments vs. China

1.China’s ‘historical rights’

ARGUMENT:

China is not entitled to exercise what it refers to as 'historic rights' over

the waters, seabed, and subsoil beyond the limits of its entitlements
under the Convention.

EXPLANATION:

China says the South China Sea has belonged to it for centuries. This is
why it claims "historical rights" over the disputed sea.

Senior Associate Justice Antonio Carpio of the Philippine Supreme

Court, however, 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.
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The Philippines’ 5 Arguments vs. China

2. China’s 9-dash line

ARGUMENT:

The so-called 9-dash line has no basis whatsoever under international

law insofar as it purports to define the limits of China’s claim to ‘historic
rights.’

EXPLANATION:

The 9-dash line is China’s demarcation to claim virtually the entire

South China Sea. China says this is based on its “historical rights.”

The Philippines, however, asserts that the 9-dash line is baseless under
UNCLOS. This UN convention allows EEZ, not a 9-dash line.

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The Philippines’ 5 Arguments vs. China

3. Rocks vs. islands

ARGUMENT:

The various maritime features relied upon by China as a basis upon

which to assert its claims in the South China Sea are not islands that
generate entitlement to an exclusive economic zone or continental
shelf. Rather, some are ‘rocks’; others are low-tide elevations; and still
others are permanently submerged. As a result, none are capable of
generating entitlements beyond 12NM (nautical miles), and some
generate no entitlements at all. China’s recent massive reclamation
activities cannot lawfully change the original nature and character of
these features.

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The Philippines’ 5 Arguments vs. China

3. Rocks vs. islands

EXPLANATION:

Under UNCLOS, habitable islands can generate a 200-nautical-mile

EEZ. Rocks cannot.

China describes some features in the South China Sea as islands. One
of these is Panatag Shoal (Scarborough Shoal), a rocky sandbar.
China claims these supposed islands.

China also says these "islands" generate an EEZ, which could overlap
with the EEZ of the Philippines. The problem for the Philippines is, China
declared in 2006 that it "does not accept" arbitral jurisdiction when it
comes to overlapping EEZs. UNCLOS allows this exception.

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The Philippines’ 5 Arguments vs. China

3. Rocks vs. islands

EXPLANATION:

This is partly why China says the tribunal at The Hague has no right to
hear the Philippine case – because it supposedly involves overlapping
EEZs.

The maritime dispute between the Philippines and China boils down to
whether there are overlapping EEZs between the Philippines and
China in the West Philippine Sea. China has no EEZ that overlaps with
the Philippines' EEZ in the Scarborough area. An international tribunal
will deny Itu Aba, the largest island in the Spratlys, an EEZ.

The Philippines adds that China's reclamation activities cannot

"lawfully change" rocks into islands.

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The Philippines’ 5 Arguments vs. China

4. Breach of the law of the sea

ARGUMENT:

China has breached the Convention by interfering with the

Philippines’ exercise of its sovereign rights and jurisdiction.

EXPLANATION:

China prevents Filipinos from fishing in the West Philippine Sea.

UNCLOS, on the other hand, gives Filipinos the exclusive rights to fish
within the Philippines' EEZ in the disputed waters.

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The Philippines’ 5 Arguments vs. China

5. Damage to environment
ARGUMENT:

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.”

EXPLANATION:

China is building artificial islands in the West Philippine Sea. The

Philippines says China's reclamation activities have buried 311
hectares of coral reefs – around 7 times the size of Vatican City. This
can mean P4.8 billion ($106.29 million) in lost economic benefits. At the
same time, China is accused of poaching.
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Consequences and Tensions
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Consequences and Tensions

China’s actions will bring forth tremendous consequences to the United States and the global community.

For the US, the loss of its right to passage in the disputed area will weaken its economic, political,
and military sway in the Pacific Rim. It is the last nail in the proverbial coffin that will make it cede
its status as the world’s lone superpower.
As for the EU, Australia, and the rest of the Americas, their free access to the largest markets in the
world will be subject to Chinese “approval” and control.

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Consequences and Tensions

China’s actions will bring forth tremendous consequences to the United States and the global community.

For countries like the Philippines, Taiwan, Vietnam and Brunei — not only do we stand to lose our
rights to the resources of the West Philippine Sea, we also lose our right to free navigation within
our own waters.
Worse, we bear the risk of increased territory grabs by China, even in our mainland. In fact, a
Chinese newspaper recently published a story saying that parts of Palawan, while inhabited by
Filipinos, are inevitable targets for Chinese invasion.

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War is in the air and nations are preparing for it.
United States Vietnam

The Unites States is intensifying its patrol over the Vietnam has prepared for the eventuality by
disputed seas using sea-lanes 12 nautical miles acquiring six Russian-made submarines. Each
from anyone’s sovereign territory. This is known submarine is armed with 50 missiles that can
as “innocent passage.” travel below the radar horizon.
Missile destroyers have been deployed and B1 Singapore, Malaysia, and Indonesia are
Bombers are on standby in Australia. American accelerating their respective arming programs
military presence is meant to send a mitigating as well.
signal to China.
Joint military exercises between the US and
Japan and the US and the Philippines are
ongoing.
Japan is said to have B22 fighter jets deployed
in strategic bases in case the situation
escalates.

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War is in the air and nations are preparing for it.
Singapore, Malaysia, and Indonesia India

Singapore, Malaysia, and Indonesia are India is closely monitoring the situation and has
accelerating their respective arming programs set-up several satellite observatories, a number
as well. of them are located in Vietnam.

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War is in the air and nations are preparing for it.

How is the Philippine government

preparing for this?
Government officials insists that there is a strategic reason why
Malacañang plays footsies with China, why it soft-pedals on our
sovereign claims and why it has allowed the Chinese to have their
way over our shoals and islets.

The government is trying to get as much concession as it can from

China, considering our incapacity to fend them off, head to head.

On the other hand, it relies on the 1951 Mutual Defense Treaty

between the Philippines and the United States in case an all out
invasion breaks out. We have also fortified our air force with Brazilian-
made A29 fighter jets and Korean-made FA-50PH fighter jets to enable
us to mount a credible defense.
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“ In the meantime, responsible heads of households and leaders of corporations must
set-up their own contingencies to prepare for the worst-case scenario.

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THANK YOU

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