Kyle Sonja D.

Cullantes International Law

Political Science III
1. Why is South China Sea/West Philippine Sea important today?

Former Judge Antonio Carpio argues that the South China Sea/West Philippine Sea is
significant now because it is part of a vital commercial route stretching from the Strait of
Malacca to the South China Sea/West Philippine Sea. Coral reefs, fish stocks, energy,
minerals, and other maritime resources abound in the region. Since half of China's
petroleum and sixty percent of that for Japan, South Korea, and Taiwan pass through the
region annually via ship, its economic worth is substantial. And the South China
Sea/West Philippine Sea is a major thoroughfare for trillions of dollars' worth of import
and export for the United States and the European Union every year. In addition to its
abundance of oil and gas, the area is also a good place to fish because it serves as a
breeding ground for many species. Nonetheless, continuous territorial disputes in the
region threaten to disrupt the economic activity of not just foreign countries but also
ASEAN member states.

2. Explain China’s “historical narrative” of the West Philippine Sea

Former Judge Antonio Carpio asserts that China's "historical narrative" of the West
Philippine Sea entails asserting sovereignty of the entire South China Sea based on their
interpretation of the 1940s-introduced nine-dash line. China argues that their "historical
rights" to the South China Sea stretch back to the Han era, which lasted from 200 BC to
206 BC. However, there is no evidence to back this claim, and it is hotly contested by
neighboring nations such as the Philippines, Vietnam, Malaysia, Brunei, and Taiwan,
who all have their own historical claims to the region. China maintains that the South
China Sea is a part of their "core interests" and that they have a historical claim to the
territory, which they refer to as "blue national soil" to indicate their claim of sovereignty
over the area. China contends that the United Nations Convention on the Law of the Sea
(UNCLOS) does not apply to its claims because they are based on historical rights rather
than maritime entitlements. However, China's claims are not supported by international
law and are widely rejected by the international community. China ratified UNCLOS in
1996, recognizing coastal nations' rights to claim an exclusive economic zone (EEZ)
extending 200 nautical miles from their baselines. The Philippines and other nearby
nations contend that China's claims violate their EEZs and their rights to use resources in
their waters.

3. What were the significant events that led to China’s occupation of the features
within the West Philippine Sea?

Antonio Carpio highlighted the following significant events that led to China's
occupation of features within the West Philippine Sea:
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Political Science III
In the 1970s, China began to assert its territorial claims over the South China Sea by
occupying some of the features in the area. In 1994, China began construction on
Mischief Reef, a feature claimed by the Philippines, without the consent of the Philippine
government. In 1995, the Philippines discovered that China had also occupied
Scarborough Shoal, which is located within the Philippine's exclusive economic zone
(EEZ).
In 2012, China took control of the Scarborough Shoal after a standoff with the Philippine
Navy. From 2013 to 2016, China conducted massive land reclamation activities in the
Spratly Islands, building artificial islands and constructing military facilities. In 2016, an
international tribunal in The Hague ruled in favor of the Philippines, declaring China's
nine-dash line claim invalid and affirming the Philippines' sovereign rights in its EEZ.
However, China refused to recognize the tribunal's decision. Despite the tribunal's ruling,
China continued to militarize the features it occupied in the South China Sea, including
the West Philippine Sea. These events led to tensions between China and other countries
with territorial claims in the South China Sea, including the Philippines. China's
continued occupation and militarization of the area have raised concerns about security
and stability in the region.

4. What was the ruling of the Arbitration Tribunal with respect to China's historic
rights over the West Philippine Sea?

In a ruling delivered on July 12, 2016, the Arbitration Tribunal ruled that China's claims
to historical rights, or other sovereign rights or jurisdiction, in the seas of the South China
Sea, including the West Philippine Sea, were in breach of the United Nations Convention
on the Law of the Sea. (UNCLOS). The Tribunal found that China's "Nine-Dash Line"
claim was unfounded under UNCLOS since it exceeded China's maritime entitlements
and maritime zones. The Tribunal ruled that China violated Philippine sovereignty in the
EEZ by preventing Philippine fishing and oil development and erecting artificial islands.
The Tribunal found that China's claims to the West Philippine Sea were not backed up by
international law, and that under UNCLOS, the Philippines has the right to exercise
sovereignty over its EEZ. Yet China's leadership doesn't believe the ruling and continues
to assert its ownership over the disputed waters.

5. What are the policy options, both legal and political, for the Philippines to assert
and strengthen its claim over the disputed territories?

Antonio Carpio has advocated for a number of policy options that the Philippines can
pursue to assert and strengthen its claim over the disputed territories in the South China
Sea. Such as:

 Assert the Philippines' Exclusive Economic Zone (EEZ) and continental shelf
under international law. The Philippines can assert its rights to the waters and
Kyle Sonja D. Cullantes International Law
Political Science III
resources within its EEZ and continental shelf as provided for under the United
Nations Convention on the Law of the Sea (UNCLOS).

 File diplomatic protests against China's activities in the disputed waters. The
Philippines can file regular diplomatic protests against China's activities that
violate Philippine sovereignty and territorial integrity in the disputed areas.

 Pursue international arbitration. The Philippines can pursue international

arbitration as it did in the 2016 case against China. This involves filing a case
with an international court or tribunal to seek a ruling on the legal validity of
China's claims and activities in the disputed waters.

 Encourage joint exploration and development of the resources in the disputed

waters. The Philippines can enter into joint exploration and development
agreements with other claimant states, such as Vietnam and Malaysia, to explore
and develop the resources in the disputed areas.

 Strengthen military capabilities. The Philippines can strengthen its military

capabilities to protect its territorial waters and deter any hostile actions from
China or other claimant states.

 Engage in multilateral negotiations. The Philippines can engage in multilateral

negotiations with other claimant states, such as ASEAN, to find a peaceful and
cooperative solution to the dispute.

 Strengthen ties with other countries. The Philippines can strengthen its diplomatic
ties with other countries, particularly the United States and Japan, which have
expressed support for the Philippines' territorial claims in the South China Sea.

Overall, Carpio has emphasized the importance of upholding and asserting the
Philippines' legal rights under international law and pursuing peaceful and cooperative
solutions to the dispute.