SOUTH CHINA SEA ARBITARTION – PHILIPPINES v.

CHINA
PCA Case No. 2013-19
Date: 12 July 2019

I. Ticker
UNCLOS, 200nm Exclusive Economic Zone, Nine-Dash Line

II. Doctrine
Article II: National Territory, UNCLOS

III. Facts

 The legal basis for this arbitration is the 1982 United Nations Convention on the
Law of the Sea (UNCLOS)
 Philippines has filed a case in the permanent court of arbitration against China fall
on four different broad categories
1. The basis of China for implementing the 9 dash line on
historical basis
2. To resolve a dispute concerning maritime zones in
Scarborough Shoal and Spratly Islands that are claimed by
both parties
3. To resolve the aggression of China in the South China sea and
its unlawful acts
a. Interfering with Philippine’s rights to exploit resources
and construction of artificial islands
b. Harvesting of endangered species and use of harmful
fishing methods
c. Inflicting damage to the marine environment because of
land reclamation
4. Restricting access of Philippine armed forces to a Philippine
Marine station at Second Thomas Shoal


IV. Decision / Ruling

9-dash line claim of China

 The tribunal Ruled that China’s historical claim to the 9 dash line is
incompatible with the convention that it exceeds the limits of China’s
maritime zones as provided by the convention
 With the agreement of china to the convention when it was ratified, any
historic rights and claims are superseded by the convention, and therefore
binding and limiting to their maritime zone.
  Therefore, the tribunal concludes that China’s claim to historic rights with
respect to the 9 dash line are contrary to the convention

Status of the Features in South China Sea

 There is a dispute in 10 features in the SCS namely:

o Scarborough Shoal, Cuareton Reef, Fiery Cross Reef, Johnson Reef,
McKennan Reef, Hughes Reef, Gaven Reefs, Subi Reef, Mischief
Reef, Second Thomas Shoal
 The following features are considered high tide features:
o Scarborough Shoal, Cuareton Reef, Fiery Cross Reef, Johnson Reef.
McKennan Reef, Gaven Reef (North)
 The following features are considered low-tide elevations:
o Hughes Reef, Gaven Reef (South), Subi Reef, Mischief Reef, Second
Thomas Shoal
 The following features are considered as Rocks that cannot sustain human
habitation and economic life, and thus shall have no EEZ or continental
shelf:
o Scarborough Shoal, Johnson Reef, Cuareton Reef, Fiery Cross Reef,
Gaven Reef (North), Mckennan Reef, Spratly Islands
 The following are located within 200 nautical miles and form part of the
EEZ and continental Sheld of the Philippines:
o Mischief Reef, Second Thomas Shoal

China’s Activities in the South China Sea

 China has breached article 77 of the convention with respect to PH’s sovereign
rights when it operated its marine surveillance vehicles in March 2011
 China disregarded PH’s sovereign rights by tolerating Chinese flagged vessels
from exploiting the resources in Mischief and Second Thomas Shoals
 China unlawfully prevented Filipino flagged vessels from engaging in fishing
and livelihood at Scarborough Shoal
 China Violated numerous articles of UNCLOS by building artificial islands in
SCS
 China violated the EEZ and Continental Shelf by building artificial islands in
Mischief reef.
 China violated rules of Convention on the International Regulations for
Preventing Collisions at Sea (COLREG) when its law enforcement
vehicles operated in a dangerous manner causing collision risks to
Philippine vehicles

CONCLUSION
The tribunal considers it beyond dispute that both parties are obliged to comply with the
convention, including its provisions and resolution of disputes, and to respect the rights and
freedoms of other states under the convention.