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THE ROCK ISSUE

ITU ABA ISLAND

-Occupied by Taiwan
-Largest “island” in the spratleys (So pag mas maliit rock na din)
-China (mainland) wants it to be classified as an Island to generate Maritime
Entitlements (EEZ and Continental shelf)
-PH Claims it is a rock

Under the UNCLOS if an island is incapable of sustaining human habitation or


economic life of their own it shall be treated as a rock

Ruling: NOT AN ISLAND

It is “obviously habitable” with distinctly limited capacity to enable human survival.


With regard to economic activity, the historical record on the islands led the Tribunal to
conclude that “all of the economic activity in the Spratly Islands” was extractive in
nature for the economic benefit of people living elsewhere. This extractive nature of
economic activity, the lack of a stable local community, and the lack of capacity to
sustain long-term habitation justified the Tribunal’s conclusion that all the other high-
tide features in the Spratly Islands, to include Itu Aba, are rocks, per UNCLOS Art.
121(3), which cannot sustain human habitation or economic life of their own and shall
have no exclusive economic zone or continental shelf.207 Thus, following an extensive
GEOINT analysis of imagery and geospatial information, the Tribunal concluded that
there are no naturally formed UNCLOS islands in the Spratly Islands

OTHER RULINGS:

 There was no legal basis for China to claim historic rights to resources within the
sea areas falling within "nine-dash line"
 UNCLOS does not provide for a group of islands such as the Spratly Islands to
generate maritime zones collectively as a unit
 China had breached its obligations under the convention on the International
Regulations for Preventing Collisions at Sea and Article 94 of UNCLOS
concerning maritime safety
 China violated its obligations to refrain from aggravating or extending the
parties disputes during the pendency of the settlement process

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