INSTRUCTIONS FOR QUAD NEGOTIATIONS ON SOUTH CHINA SEA

There will be five teams – Philippines, China, Vietnam, USA, and United Nations as
facilitator.

The negotiations will be conducted on February 14. Please come in your national
costumes during that meeting.

Setting of negotiations:

Tokyo, Japan.

Agreements to be negotiated:

1. Agreement on respecting historic fishing rights, especially on Scarborough

Shoal.
2. Agreement on joint development of oil and mineral resources in the
Exclusive Economic Zones (EEZ) of the Philippines, China, and Vietnam
3. Agreement on access of military and commercial vessels in the South China
Sea
4. Agreement to establish an International Marine Peace Park in the South
China Sea.

Starting positions:

For China: All of the South China Sea is Chinese territory. They are open to granting
fishing rights, joint development and access of vessels but all the countries must
acknowledge Chinese sovereignty over these areas. They oppose an International
Marine Peace Park but are willing to declare portions of the South China Sea a
national marine protected area that can be managed with the assistance of
international partners. There is however a diversity of opinions among the Chinese
negotiators – some are hawks and want full assertion of sovereignty while others
are more reconciliatory especially against the Philippines who has now reached out
through President Duterte’s inclination towards China.

For the Philippines: It asserts that parts of the SCS is its EEZ and this can only be
utilized by Filipinos. However, since it supports the arbitral tribunal decision, it will
allow Chinese and Vietnamese fishermen to enter Scarborough and other areas
where they and Filipinos have historic fishing rights. The Philippines is willing to
hire Chinese, Vietnamese and American companies to help it develop its oil and
mineral resources in the EEZ but there must be acknowledgement that of Philippine
rights. Under the Philippine constitution, joint development is not allowed within
our EEZ. There should also be reciprocity in the EEZ of other countries. It is willing
to give access to vessels and open to the international marine park concept. There is
however a debate between pro-US and pro-China officials within the delegation.
For Vietnam: Very similar stance as the Philippines and will reach out to build an
alliance. It asserts that parts of the SCS is its EEZ and this can only be utilized by
Vietnamese. It will allow Chinese and Filipino fishermen to enter Scarborough and
other areas where they have historic fishing rights. Vietnam is willing to hire
Chinese, Filipino and American companies to help it develop its oil and mineral
resources in the EEZ but there must be acknowledgement that of Vietnamese rights.
There should also be reciprocity in the EEZ of other countries. It is willing to give
access to vessels and open to the international marine park concept. The
Vietnamese also want to ally with the USA as it is very skeptical against the Chinese.
It wants to bring the Philippines back to a united front with Vietnam and the US
against China.

For the United States: Its interest is mainly maintaining open access of the SCS for is
military and commercial vessels and to be able to participate in joint development
agreements. It is willing to provide funding for the international marine park. The
US is close to Vietnam and used to be close to the Philippines, but lately President
Duterte has announced a pivot away from the UN to be nearer to China. There is
however tension within the US delegation to these negotiations between the anti-
China hawks vs the pro-China doves.

For the United Nations: It wants peace in the SCS sea region and is willing to help
the countries to arrive at an acceptable agreement. The head of the United Nations
team is the Foreign Minister of Japan.

Process

1. Each group should divide equally between the hawks and doves identified
above.

2. Each team should meet to decide strategy and what should be in the plenary
statement of their delegation head who will be their foreign minister.

3. Teams must come in their national costumes or in business clothes.

4. Each head of state and the UN Secretary General will deliver formal plenary
speeches outlining their positions, their demands, their expectations and
how they would like to see these negotiations end.

5. After the plenary, instructions on how to proceed will be provided.

Basic Materials (read first)

UN Convention on the Law of the

Sea http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.p
df

The Republic of the Philippines v. the People’s Republic of China – https://pca-

cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf

EBOOK: Philippine Sovereign Rights and Jurisdiction in the West Philippine Sea
(Justice Antonio Carpio)
download at http://www.imoa.ph/downloads/

Background materials

Bateman, Behm, et. al Assessing the South China Award July 2016)
https://www.aspi.org.au/publications/assessing-the-south-china-sea-
award/SI108_SouthChinaSea_anthology.pdf

Antonio T. Carpio, Protecting the nation’s marine wealth in the West Philippine
sea (2014), download at http://sc.judiciary.gov.ph/aboutsc/justices/j-carpio/03-06-
14-speech.pdf

Paterno Esmaquel II, Top Philippine judge uses Chinese maps vs. China (see full
presentation of Justice Carpio embedded in the Rappler article), download
at http://www.rappler.com/nation/60167-top-philippine-judge-carpio-chinese-
maps-china

The Arbitral Award and the Future Management of the South China Sea
Disputes
https://amti.csis.org/arbitral-award-future-management-south-china-sea-disputes/

Diane Desierto, on the arbitral

award https://www.youtube.com/watch?v=SvuFIx3M2ns

Diane Desierto on internationaltionalization of

dispute, https://www.ejiltalk.org/the-internationalization-of-maritime-disputes-in-
the-south-china-sea-environmental-destruction-in-the-high-seas-and-threats-to-
the-global-commons/

Recent developments: read links below

The Philippines' pivot to China
http://www.rappler.com/thought-leaders/148928-duterte-philippines-pivot-china

The Surprising New Challenge for the US in the South China Sea
http://thediplomat.com/2016/09/the-surprising-new-challenge-for-the-us-in-the-
south-china-sea/
Philippine President Rodrigo Duterte Meets Xi Jinping: First Takeaways
http://thediplomat.com/2016/10/philippine-president-rodrigo-duterte-meets-xi-
jinping-first-takeaways/

Duterte on South China Sea claims: We won’t insist now

https://globalnation.inquirer.net/147579/duterte-on-south-china-sea-claims-we-
wont-insist-now

The contest to control the South China Sea just got a lot more complicated
http://www.businessinsider.com/philippine-president-duterte-complicates-south-
china-sea-power-struggle-2016-10

Rodrigo Duterte Has Achieved a Strange Feat in the South China Sea
http://nationalinterest.org/blog/the-buzz/rodrigo-duterte-has-achieved-strange-
feat-the-south-china-17990

Harry Roque on thanking China, https://www.rappler.com/nation/195515-harry-

roque-philippines-thank-china-artificial-islands

Harry Roque, on Benham Rise http://news.abs-cbn.com/news/01/22/18/china-

was-right-roque-says-ph-has-no-sovereignty-over-benham-rise

Duterte and
China, https://www.forbes.com/sites/panosmourdoukoutas/2017/11/15/south-
china-sea-duterte-is-turning-into-chinas-spokesman/#3dd3beff79a4

Jay Batongbacal on joint development http://news.abs-

cbn.com/focus/08/31/17/joint-development-might-legitimize-china-claim-in-west-
philippine-sea-analyst

Jay Batongbacal, point of no return on

China http://globalnation.inquirer.net/158791/duterte-warned-reaching-point-no-
return-sea-dispute-china

Philippine materials

Article 2, Philippine Constitution (National Territory) - Compare to 1935 and 1973

versions
Magallona vs. Ermita G.R No. 187167 (2011)

United Nations Convention on the Law of the Sea (UNCLOS), Articles 46-54
http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf

The Republic of the Philippines v. the People’s Republic of China – https://pca-

cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf

TREATY OF PARIS, Article III

R. A. No. 3046 as amended b RA No. 5446 - "AN ACT TO DEFINE THE

BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES"

R. A. No. 9522 – “AN ACT TO AMEND CERTAIN PROVISIONS OF R. A. NO.

3046, AS AMENDED BY R. A. NO. 5446, TO DEFINE THE ARCHIPELAGIC
BASELINES OF THE PHILIPPINES, AND FOR OTHER PURPOSES”

PD No. 1599: ESTABLISHING AN EXCLUSIVE ECONOMIC ZONE AND FOR

OTHER PURPOSES June 11, 1978.