PHILIPPINES

vs.
CHINA
 ARBITRATION
CONCERNS DISPUTES
BETWEEN PARTIES
REGARDING :
1. Legal basis of maritime
rights and entitlements in
the South China Sea
2. The status of certain
geographic features in
South China Sea
3. Status of certain
geographic features in
South China Sea
4. Lawfulness of certain
actions taken by China in
South China Sea
South China Sea
Semi- enclosed sea in
Western Pacific ocean

-spanning an area : almost

3.5m sq. k

Lies to :

1. South China
2. West Philippines
3. East Vietnam
4. North Malaysia
1. Brunei
2. Signapore
3. Indonesia
South China Sea
1. Crucial shipping
lane
2. Rich fishing ground
3. Home to a highly
biodiverse coral
reef ecosystem
4. Believe to hold
substantial oil and
gas resources
 BASIS FOR
ARBITRATION 1. 1982 UNCLOS
2. Constitution of Oceans
3. Ratified by 168
Countries
4. Ph- May 8, 1984
5. China June 7, 1996
UNCLOS
Addresses wide range of issues
and includes as an integral part, a
system for peaceful settlement of
disputes
UNCLOS
Does not address
SOVEREIGNTY of states over
land territory
Does not make any ruling as to
which states enjoys
sovereignty over any land
territory in South China Sea
X maritime Boundaries
 By notification
and Statement of
Claim

January 22, 2013

 PHILIPPINES
initiated
arbitration
proceedings
against China
 Pursuant to
Article 286 and
287 of
convention

In accordance with
Article 1 of Annex 7 of
Convention
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :
1. Declarations that PHs and Chinas respective
rights and obligations in regard to waters,
seabed, maritime features of South China Sea-
are governed by UNCLOS

a. That China claims based on HISTORIC RIGHTS

b. Encompassed within its so-called nine dash
line
c. Inconsistent with UNCLOS and therefore
INVALID
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :

All historic rights in EEZ were extinguished upon

the effectivity of UNCLOS

No evidence that China historically exercised

exclusive control over the waters and resources
of South China Sea

The tribunal upheld the Philippine position on this

issue
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :

2. Determinations as to whether, under

UNCLOS certain maritime features claimed
by BOTH SIDES are properly characterized
as :
- islands
- rocks
- lowtide elevations
- submerged banks
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :
None of the geologic features (rocks and islands) in Spratlys is capable of human
habitation or economic life of its own so as to be entitled to a 200NM EEZ

Spratlys cannot be taken as a single unit to determine capability to sustain

human habitation or economic life

To be entitled to a 200NM EEZ, the geologic feature must have the OBJECTIVE
CAPACITY, IN ITS NATURAL CONDITION, TO SUSTAIN EITHER A STABLE COMMUNITY
OF PEOPLE OR ECONOMIC ACTIVITY THAT IS NOT DEPENDENT ON OUTSIDE
RESOURCES OR PURELY EXTRACTIVE IN NATURE
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :
Of the 7 reefs China occupies in the Spratlys:

- 5 high tide elevations (above water at high tide)

- Fiery Cross Reef
- Johnson South Reef
- Gaven Reef
- Cuarteron Reef
- McKennan Reef
- THESE REEFS ARE ENTITLED TO 12NM Territorial sea
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :
Two other reefs :
- Mischief reef
- Subi reef

- LOW TIDE ELEVATIONS,

- NOT ENTITLED TO A TERRITORIAL SEA

- THEY FORM PART OF THE PHILIPPINES SUBMERGED CONTINENTAL SHELD

- ONLY PHILIPPINES CAN ERECT STRUCTURES OR ARTIFICIAL ISLANDS ON
THESE REEFS
- CHINAS STRUCTURES ON THESE REEFS ARE ILLEGAL
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :

Failing to protect and preserve marine

environment by :

- Tolerating and actively supporting Chinese

fishermen in the harvesting of endangered
species and
- Use of harmful fishing methods that damage
coral reef ecosystem in South China Sea
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :

CHINA VIOLATED ITS OBLIGATION UNDER UNCLOS

TO PROTECT AND PRESERVE THE MARINE
ENVIRONMENT WHEN CHINA :

1. DREDGED AND BUILT ISLANDS ON 7 REEFS

2. FAILED TO PRECENT ITS FISHERMEN FROM
HARVESTING ENDANGERED SPECIES LIKE
TURTLES, CORALS AND GIANT CLAMS
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :
Inflicting severe harm on marine environment by
constructing artificial islands and engaging in
extensive land reclamation at 7 reefs in spratlys
Islands
 PHILIPPINES IN 15 SPECIFIC SUBMISSIONS,
SOUGHT RULINGS IN RESPECT OF THE
FOLLOWING :
China violated the excusive right of the
Philippines to its EEZ by :

1. Interfering with fishing activities of Filipino

fishermen within Philippines EEZ
2. Interfering with petroleum activities of
Filipino vessels within PH EEZ
3. Failing to prevent Chinese fishermen from
fishing within PH EEZ
4. Constructing artificial islands and structures
within PH EEZ and continental shelf
 Philippines stressed that :
It did not seek in this arbitration a determination of which party
enjoys a determination of which party enjoys sovereignty over
islands claimed by both of them.

It did not request determination of any maritime boundaries