MARITIME LAW

MARLAW 334
Topic 8: Philippine claim to the South China
Sea dispute under UNCLOS
COURSE OUTCOMES:

• At the end of this Course, the student shall be able to:

• Apply UNCLOS to the West Philippine Sea (South China Sea)

dispute and determine the strength of the Philippine position for
its claims
LEARNING OUTCOMES:

• At the end of this Module, the student shall be able to:

• Determine the relevance of UNCLOS to the Philippine claim to

the West Philippine Sea (South China Sea).
Territorial Disputes in the South China Sea

• The United Nations Conference on Trade and Development

(UNCTAD) estimates that roughly 80 percent of global trade by
volume and 70 percent by value is transported by sea.
• Of that volume, 60 percent of maritime trade passes through Asia,
with the South China Sea carrying an estimated one-third of global
shipping.
• Its waters are particularly critical for China, Taiwan, Japan, and
South Korea, all of which rely on the Strait of Malacca, which
connects the South China Sea and, by extension, the Pacific Ocean
with the Indian Ocean. As the second-largest economy in the world
with over 60 percent of its trade in value traveling by sea, China’s
economic security is closely tied to the South China Sea.
Territorial Disputes in the South China Sea

• The South China Sea is a major route for liquefied natural gas
(LNG) trade, and in 2016, almost 40% of global LNG trade, or
about 4.7 trillion cubic feet (Tcf), passed through the South China
Sea.
• The South China Sea is an important trade route for Malaysia and
Qatar. The two LNG exporters collectively accounted for more than
60% of total South China Sea LNG volumes in 2016. Almost half of
Qatar’s global LNG shipments traveled through the South China
Sea in 2016. All of Malaysia’s LNG exports pass through the South
China Sea, as the country’s one LNG export complex lies on the
South China Sea coast.
Territorial Disputes in the South China Sea

• Several other LNG exporters also use South China Sea trade
routes to reach LNG importers. In 2016, Oman, Brunei, and the
United Arab Emirates shipped between 84% and 100% of their total
LNG exports through the South China Sea.
• Other LNG exporters in the region, such as Australia and
Indonesia, make more use of other trade routes to reach LNG
markets. In 2016, about 23% of total Australian LNG exports and
about 29% of Indonesian LNG exports were shipped by way of the
South China Sea. Much of the remainder of Australia’s and
Indonesia’s LNG exports passed to the east of the Philippines and
Taiwan, avoiding the South China Sea on the way to customers in
Japan, South Korea, and northern China.
Territorial Disputes in the South China Sea
Territorial Disputes in the South China Sea
Territorial Disputes in the South China Sea
• The four LNG importers with the largest volumes passing through the South China
Sea are Japan, South Korea, China, and Taiwan, collectively accounting for 94% of
total LNG volumes going through the South China Sea in 2016. Japan is the world’s
largest LNG importer, and slightly more than half of all of Japan’s LNG imports in
2016 were shipped by way of the South China Sea. Similarly, about two-thirds of the
LNG imported by South Korea—the world’s second-largest LNG importer—was
shipped through the South China Sea that year.
• More than two-thirds of China’s LNG imports and more than 90% of Taiwan’s LNG
imports passed through the South China Sea in 2016. Total imports of LNG to China
have more than doubled over the previous five years, from 0.56 Tcf in 2011 to 1.20
Tcf in 2016. However, more than half of the growth in China’s LNG imports were
volumes that went to northern ports without transiting the South China Sea. Based
on projections in the International Energy Outlook 2017, EIA projects that China will
surpass South Korea as the world’s second-largest LNG importer by 2018 and
nearly match Japan’s level of LNG imports by 2040.
Territorial Disputes in the South China Sea
Territorial Disputes in the South China Sea

• In 2016, the armed forces of the Chinese Communist Party (CCP)

began implementing the sweeping organizational reforms that
• President Xi Jinping and other Chinese leadersunveiled in 2015.
This reorganization is the latest phase in China’s long-term military
modernization program, which China’s leaders have characterized
as essential to achieving great power status and what President Xi
calls the “China Dream” of national rejuvenation.
• The leadership portrays a strong military as critical to advancing
China’s interests, preventing other countries from taking steps that
would damage those interests, and ensuring that China can defend
itself and its sovereignty claims.
Territorial Disputes in the South China Sea

• The military reforms seek to enhance the People’s Liberation Army’s

(PLA) ability to conduct joint operations; improve its ability to fight
short-duration, high-intensity regional conflicts at greater distances
from the Chinese mainland; and strengthen the CCP’s control over
the military.
• The changes instituted last year included establishing new command
elements and units including the Joint Staff Department, the Joint
Operations Command Center, the Overseas Operations Office, and
the Joint Logistics Support Force.
• The PLA also established five regionally-based joint theaters,
replacing the decades-old ground force-dominated seven military
regions (MR).
Territorial Disputes in the South China Sea

• The military reforms seek to enhance the People’s Liberation Army’s

(PLA) ability to conduct joint operations; improve its ability to fight
shChina has leveraged its growing power to assert its sovereignty
claims over features in the East and South China Seas.
• China has used coercive tactics, such as the use of law enforcement
vessels and its maritime militia, to enforce maritime claims and
advance its interests in ways that are calculated to fall below the
threshold of provoking conflict.
• In the East China Sea, China continued to use maritime law
enforcement ships and aircraft to patrol near the Senkaku Islands to
challenge Japan’s claim.
Territorial Disputes in the South China Sea

• Port-duration, high-intensity regional conflicts at greater distances

from the Chinese mainland; and strengthen the CCP’s control over
the military.
• The changes instituted last year included establishing new
command elements and units including the Joint Staff Department,
the Joint Operations Command Center, the Overseas Operations
Office, and the Joint Logistics Support Force.
• The PLA also established five regionally-based joint theaters,
replacing the decades-old ground force-dominated seven military
regions (MR).
Territorial Disputes in the South China Sea

• In the South China Sea, China continued construction at its military

outposts in the Spratly Islands.
• Important milestones in 2016 included landing civilian aircraft on its
airfields on Fiery Cross, Subi, and Mischief Reefs, as well as
landing a military transport aircraft on Fiery Cross Reef.
• In July 2016, an arbitral tribunal constituted under the compulsory
dispute settlement procedures in the United Nations Convention on
the Law of the Sea (LOSC), issued a ruling in favor of the
Philippines with respect to issues involving the interpretation and
application of the LOSC.
Territorial Disputes in the South China Sea

• Among other things, the tribunal ruled thatChina’s “nine-dash line”

cannot represent a Lawful maritime claim to the extent that any of
the claims it reflects would exceed the limits of China’s maritime
entitlements under the Convention.
• The tribunal did not rule on sovereignty claims to land features, an
issue that is outside the scope of the Convention.
• China retjected the ruling.
Territorial Disputes in the South China Sea

• Relations between China and Taiwan cooled in 2016, after Tsai Ing-
wen won the Taiwan presidential election in January, bringing the
Democratic Progressive Party (DPP) back to power for the first
time since 2008.
• China has stressed that Taiwan must accept the so-called “1992
Consensus,” which holds that China and Taiwan are part of “one
China” but allows for different interpretations, for there to be peace
and stability in the Taiwan Strait.
Territorial Disputes in the South China Sea

• As China’s global footprint and international interests have grown,

its military modernization program has become more focused on
supporting missions beyond China’s periphery, including power
projection, sea lane security, counterpiracy, peacekeeping, and
humanitarian assistance/disaster relief (HA/DR).
• In February 2016, China began construction of a military base in
Djibouti that could be complete within the next year. China likely will
seek to establish additional military bases in countries with which it
has longstanding, friendly relationships.
Territorial Disputes in the South China Sea

• The United States will continue to monitor China’s military

modernization, and it will continue to adapt its forces, posture,
investments, and operational concepts to ensure the United States
retains the ability todefend the homeland, deter aggression, protect
our allies and partners, and preserve regional peace, prosperity,
and freedom.
Alerts

• China Expands Fleet in Disputed Sea Despite Manila’s Protest

• Foreign Affairs Secretary Teodoro Locsin Jr. said China has
moved more ships into disputed waters in the South China Sea
despite repeated objections from Manila (Bloomberg).
Alerts

• Philippines, United States Begin Join Military Exercises

• The Philippines and the United States kick off two weeks of
military exercises today amid heightened tensions between the
Philippines and China over the South China Sea. The annual
exercises were canceled last year due to the pandemic.
Alerts

• U.S. Warns China Against Aggression Toward Philippines

• U.S. State Department Spokesperson Ned Price said an attack
on the Philippines would “trigger” U.S. obligations under a joint
defense treaty and echoed Philippine concerns about a buildup
of Chinese vessels in the contested South China Sea (CNA).
Alerts

• Philippines Criticizes Chinese Ships in South China Sea

• Aides to Philippine President Rodrigo Duterte issued some of
his government’s strongest criticisms yet about the presence of
hundreds of Chinese vessels in parts of the South China Sea
claimed by China and the Philippines (Reuters).
Developments

• Tensions between China and both the Philippines and Vietnam

have recently cooled, even as China increased its military
activity in the South China Sea by conducting a series of naval
maneuvers and exercises in March and April 2018. Meanwhile,
China continues to construct military and industrial outposts on
artificial islands it has built in disputed waters.
Developments

• The United States has also stepped up its military activity and
naval presence in the region in recent years, including freedom
of navigation operations (FONOPs) in January and March 2018.
In a speech during his November 2017 visit to Southeast Asia,
President Donald J. Trump emphasized the importance of such
operations, and of ensuring free and open access to the South
China Sea. Since May 2017, the United States has conducted
six FONOPs in the region.
Who is claiming What?

• Explore the maritime claims of nearly 40 countries across the

Indo-Pacific.
• (https://amti.csis.org/maritime-claims-map/)
• All claims are shown based on states’ domestic legislation,
treaties, and submissions to international bodies.
• The map is an unbiased depiction of claims; it does not judge
their legality or guess at future delimitations.
• Below listed are the countries that has its own claim issues.
40 Countries - Maritime Claims of the Indo-Pacific

• Brunei • South Korea

• Cambodia • Taiwan
• China
• Thailand
• Indonesia
• Japan Malaysia • Timor Leste
• Myanmar • Vietnam
• North Korea • Australia
• Philippines • Cook Islands
• Russia • Federates of Micronesia
• SIgnapore
40 Countries - Maritime Claims of the Indo-Pacific

• Fiji • Papua New Guinea

• France • Samoa
• Kiribati • Solomon Islands
• Marshal Islands • Tonga
• Nauru • Tuvalu
• New Zealand • United Kingdom
• Niue • Vanuatu
• Palau • Bangladesh
40 Countries - Maritime Claims of the Indo-Pacific

• India
• Maldives
• Sri Lanka
Disputes in the South China Sea region

• The disputes involve both maritime boundaries and

islands.There are several disputes, each of which involves
a different collection of countries:
• The nine-dash line area claimed by the Republic of China, later
the People's Republic of China (PRC), which covers most of the
South China Sea and overlaps with the exclusive economic
zone claims of Brunei, Indonesia, Malaysia, the Philippines,
Taiwan, and Vietnam.
• Maritime boundary along the Vietnamese coast between the
PRC, Taiwan, and Vietnam.
Disputes in the South China Sea region

• The disputes involve both maritime boundaries and

islands.There are several disputes, each of which involves
a different collection of countries:
• Maritime boundary north of Borneo between the PRC, Malaysia,
Brunei, Philippines, and Taiwan.
• Islands, reefs, banks and shoals in the South China Sea,
including the Paracel Islands, Pratas Island and the Vereker
Banks, Macclesfield Bank, Scarborough Shoal and the Spratly
Islands between the PRC, Taiwan, and Vietnam, and parts of
the area also contested by Malaysia and the Philippines.
Disputes in the South China Sea region

• The disputes involve both maritime boundaries and

islands.There are several disputes, each of which involves
a different collection of countries:
• Maritime boundary in the waters north of the Natuna Islands
between the PRC, Indonesia and Taiwan
• Maritime boundary off the coast of Palawan and Luzon between
the PRC, the Philippines, and Taiwan.
• Maritime boundary, land territory, and the islands of Sabah,
including Ambalat, between Indonesia, Malaysia, and the
Philippines.
Disputes in the South China Sea region

• The disputes involve both maritime boundaries and

islands.There are several disputes, each of which involves
a different collection of countries:
• Maritime boundary and islands in the Luzon Strait between the
PRC, the Philippines, and Taiwan.
Disputes in the South China Sea region
Disputes in the South China Sea region

• Taiwan (Republic of China)

• Taiping
• Zhongzhou
• People’s Republic of China
• Yongshu
• Meiji
• Zhubi
• Huayang
• Nanxun
• Chiguo
• Dongmen
Disputes in the South China Sea region

• Vietnam
• Southwest Cay
• Sand Cay
• Namyit Island
• Sin Cowe Island
• Spratly Island
• Central London Reef
• Pearson Reef
• Barque Canada Reef
• West London Reef
• Ladd Reef
• Discovery Great Reef
• Pigeon Reef
• East London Reef
Disputes in the South China Sea region

• Vietnam
• Amboyna Cay
• Grierson Reef
• Pigeon Reef
• East London Reef
• Alison Reef
• Cornwallis South Reef
• Petley Reef
• South Reef
• Collins Reef
• Lansdwone Reef
• Bombay Castle
Disputes in the South China Sea region

• Vietnam
• Prince of Wales Bank
• Vanguard Bank
• Prince Consort Bank
• Grainger Bank
• Alexandra Bank
• Orleana Shoal
• Kingston Shoal
Disputes in the South China Sea region

• Philippines
• Flat Island
• Lankiam Cay
• Loaita Cay
• Loaita Island
• Nanshan Island
• Northeast Cay
• Thitu Island
• West York Island
• Commodore Reef
• Irving Reef
• Second Thomas Reef
Disputes in the South China Sea region

• Malaysia
• Swallow Reef
• Ardasier Reef
• Dallas Reef
• Erica Reef
• Investigator Shoal
• Mariveles Reef
• Brunei
• Louisa Reef
Disputes in the South China Sea region

• Malaysia
• Swallow Reef
• Ardasier Reef
• Dallas Reef
• Erica Reef
• Investigator Shoal
• Mariveles Reef
• Brunei
• Louisa Reef
End of Topic 7
UNCLOS