BATAAN HEROES COLLEGE

Roman Superhighway, Balanga City, Bataan

General Education Department

Name: SARMIENTO, JEMMUEL A. Date: 13/05/2021

Email Address:jemmuelsarmiento@gmail.com Student No. : 2001151

Exercise No. 03 Sources Hunting

Direction: Look for the sources used by the Philippines and China in their respective claims of
sovereignty over the Scarborough Shoal and identify which are primary sources that help people
in making decisions in today’s time. Also, look for the ruling of the Permanent Court of Arbitration
and explain the reason for its decision. Present your findings in class. (Note: include all the sources
or any references to be used in your work.)

Your Findings:

Primary Sources about Philippines and China in their Respective Claims of Sovereignty
Over the Scarborough Shoal:

• Sreenivasa Rao Pemmaraju, The South China Sea Arbitration (The Philippines v.
China): Assessment of the Award on Jurisdiction and Admissibility, Chinese
Journal of International Law, Volume 15, Issue 2, June 2016, Pages 265–
307, https://doi.org/10.1093/chinesejil/jmw019

• China’s Claims in the South China Sea (Reviewing the Legal Position of the United
States Regarding China's Territorial and Maritime Rights Claims), Sourabh Gupta
and Matt Geraci, August 4, 2020

• International court rules in favor of Philippines in South China Sea case, July 12,
2016 by Arirang News, https://youtu.be/ORCE7lsspSY

• CO12102 | The Scarborough Shoal dispute: Legal issues and implications, Huy
Duong, 18 June 2012

• Duterte Says He Can't Defend Scarborough Shoal PUBLISHED MAR 21, 2017
12:50 PM BY THE MARITIME EXECUTIVE, https://www.maritime-
executive.com/article/duterte-says-he-cant-defend-scarborough-shoal
 Ruling of the Permanent Court of Arbitration:
The Permanent Court of Arbitration (the "PCA" or "Tribunal"unanimous )'s decision in the
conflict between the Philippines and China is a watershed moment for the United Nations Law
of the Sea Convention (UNCLOS) and a clear rebuke to China's expansive claims to maritime
territories in the South China Sea. The PCA's decision is significant not just because it is a
technical legal decision binding on the parties – China and the Philippines – but also because it
sends a wider message about the peaceful resolution of conflicts in the South China Sea under
a rules-based international order.

From a legal standpoint, the Philippines prevailed on almost every count, which is not
surprising considering the legal weakness of China's maritime claims. Beijing's breaches of
UNCLOS are meticulously recorded in the nearly 500-page ruling, which also highlights the
wider policy consequences of Beijing's hostile actions in the South China Sea.

Explanation:
Importantly, the PCA dismissed China's historic rights and "nine-dash line" argument,
concluding that the UNCLOS maritime zones were controlling in deciding maritime
entitlements. China's historic claims were essentially superseded by the treaty. Even if a
historical right could be claimed, the PCA found no proof that China had exerted "exclusive
power" over the South China Sea's seas and resources. The PCA's conclusion, in particular, is
consistent with what the US has long said about China's "nine-dash line" claim.

It's worth noting that the Philippines' complaint was carefully designed to avoid bringing up
questions of jurisdiction and maritime delimitation. To maintain its authority in the event, the
PCA behaved cautiously and did not issue any direct conclusions about sovereignty disputes
between China and the Philippines in the South China Sea, such as weighing in on competing
claims to the Spratly Islands and Scarborough Shoal. Despite this caution, the Tribunal's
decision has far-reaching consequences.
 Assessment tool

This will help your instructor to check your output. In this module, analytical rubric is used to
determine and measure your leaning through the activities set by your instructor

Category A B C D F
10 8 6 4 2
Clear & Sources are Sources are Sources are Sources are Sources are not
Concise consistently mainly occasionally rarely presented presented in an
identification presented in an presented in an presented in an in an organized organized
of sources organized organized organized fashion. fashion at all.
fashion. fashion. fashion.
Grammar & The paper The paper The paper The paper The paper
Punctuation followed all of followed many followed some followed few of followed none
the grammar of the grammar of the grammar the grammar of the grammar
and punctuation and punctuation and punctuation and punctuation and punctuation
rules for the rules for the rules for the rules for the rules for the
language of language of language of language of language of
higher higher higher higher higher
communication. communication. communication. communication. communication.
Length of The paper was
Paper The paper was The paper was The paper was significantly The paper was
Between the slightly moderately over/under the not the
200-750 recommended over/under the over/under the recommended appropriate
Words length. recommended recommended length. length for the
length. length. assignment.