JETHRO M.

MIÑANO 2018-04661 HIST 1 V2

1. The UNCLOS is the fundamental law that governs the conduct and use of the seas
and ocean, under this law it entitlles every coastal area of the world to have a 200
nautical miles Exclusive Economic Zone. The major argument that the Philippines
has on its hands is its legitimate claim on the disputed territory because it is granted
to it by UNCLOS. According to the Exclusive Economic zone, no state has
exclusively no ownership of it but the state which has a valid claim on it based on
the UNCLOS has the right to explore exploit its territory. Other arguments and
basis also revolve around the right to fish and the first Philippine map which
illustrates Panacot (Scarborough Shoal) as part of the Philippine territory.

2. China clearly justifies its unlawful actions by invoking a historic claim of the waters
in the West Philippine Sea. As explained by Atty. Henry S. Bensurto Jr., the claim
is based on an historic map published in 1947 and asserts its territorial sovereignty
in accordance with the nine-dash line rule. As described by Hon. Antonio Carpio,
in actuality, the nine-dash line imposed by the Chinese is a vague, no actual
coordinates and was conjured without rhyme or reason. In addition, their claim
violates the international law, especially the UNCLOS since they do not have
international basis for it to be enforced even if they say that it is according to their
historical rights.

3. Although the Philippine Government has done actions in a diplomatic way and
even filed a case against China in the past years, it is not enough to prevent them
from continuing their expansion in the South China Sea. It is certainly no doubt
that China’s militarization of the West Philippine Sea is unstoppable. Also, it is
clearly seen that President Duterte’s defeatist stance kindles and further
emboldens China to occupy the shoals and reefs with the installation of military
facilities. What I can see on how Duterte handles the issue is a gesture of
surrendering a part of our national territory without even a whimper of protest while
our fellow fishermen were being usurped by the Chine coast guard.