Territorial and Border Conflicts: The West Philippine Sea: Contemporary Issues 10

Contemporary 2nd Quarter
Issues 10 Territorial and Border Conflicts:

MODULE
3 The West Philippine Sea

The Disputed Territories
The word territory pertains to an area of either and or water that is under jurisdiction of a particular state. In Article I of the
1987 Philippine Constitution, there is more specific definition of territory, particularly national territory. National territory is
comprised of archipelago of the country, with all the islands and waters embraced therein, and all other territories over which the
Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the
seabed, the subsoil, the insular shelves, and other submarine areas.
The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions,
form, part of internal waters of the Philippines. Aided by the said definition, the country exerts the right to its sovereignty toward its
neighboring countries that try to claim what is believed to be parts of the national territory.
The West Philippine Sea
Our conflict with neighboring countries that surround the South China Sea involves several islands, reefs, rocky ridges,
atolls, and sandbanks. Part of the South China Sea is the West Philippine Sea. For the Philippines, the West Philippine Sea should
be separate from South China Sea when pertaining to territorial sea, the exclusive economic zone (EEZ), and the extended
continental shelf of the country.
The Republic of the Philippines, though DFA, started using the name West Philippine Sea on June 4, 2011.The use of West
Philippine Sea was instituted after former president Benigno Aquino III promulgated Administrative Order No. 29, calling the area
being claimed by the Philippines as the West Philippine Sea. It has directed all agencies and departments of the government to
officially use the name when referring to the part of the South China Sea wherein the Philippine-claimed islands, atoll, reefs, and
shoals are situated.
Furthermore, the West Philippine Sea includes only the islands that the Philippines has a jurisdiction over. On the other
hand, the name South China Sea pertains to the entire area where countries such as China, Brunei, Taiwan, Malaysia, and Vietnam
are also manifesting their sovereignty.
The map shows U-shape line that is used by China to
mark its maritime boundary. It can be seen in the map that with
the said boundary, other countries’ maritime affairs are affected
due to the proximity and claims of China.
The Exclusive Economic Zone (EEZ) on the map below
shows the Philippines’ claim to its maritime jurisdiction that can
be explored and exploited as part of its marine resources. The
United Nations Convention on the Law of the Sea (UNCLOS)
states that islands under the sovereign authority of the country
are entitled to a 200-nautical mile exclusive economic zone.
The UNCLOS is an international treaty that sets limits
to a country’s maritime sovereignty. Both China and the
Philippines are signatories in the said convention. In the
UNCLOS, these three maritime characteristics are stated:
1. Islands under a sovereign country are entitled with a 12-
nautical mile territorial sea and a 200-nautical mile
exclusive economic zone.
2. Maritime features such as rocks and reefs that are seen during high tide are entitled with 12-nautical mile territorial sea but
with no EEZ.
3. Low tide elevations that are submerged rocks and reefs are not entitled to any territorial sea or EEZ.
The 9-Dash Line of China, which was introduced in 1947 and released in 1948 under the Kuomintang government, affects
the EEZ of the Philippines and so are other countries for it practically covers the entire area of the South China Sea and makes the
maritime affairs of the concerned countries very much limited. It can be observed that China’s 9-dash line became 10 (ten) instead
of nine (9), it is extended in the area of Taiwan which indicates the possibility of expansion. The international community, however,
uses still the 9- Dash Line of China in referring to China’s claimed territory.
Due to the conflict of the Philippine’s EEZ with the 9-dash line of China, which encompasses an 85.7% of the entire South China
Sea or an equivalent 3 million sq. km. out of 3.5 million sq. km. surface area, the Philippines in January 22, 2013 filed a case in the
Permanent Court of Arbitration (PCA), Hague, Netherlands.
China’s Aggression and The Permanent Court of Arbitration
A confrontation with the Chinese took place in the early part of 2011 when Filipino fisherman were fired at after being
warned to leave the area of the Quirino reef also known in China as Wufang Jiao. In the same year, May 23, military quarters by
the Chinese were seen in the Kalayaan Island Group.
In order to become clear and to avoid confusion in referring to the Western area off the main islands of the Philippines, the Republic
of the Philippines in June 4, 2011 started using the name West Philippine Sea. This refers to the area that can be found within the
South China Sea that are being claimed as part of Philippines’ sovereignty.
In 2011, the Philippines released an invitation to foreign companies for possible exploration of the Reed Bank, which
prompted China to release a directive to the Philippine government to stay away from overstepping Chinese sovereignty.
In April 2012, the first biggest standoff between China and the Philippines took place. It started when a Chinese fishing
vessel was seen in the Scarborough Shoal.
This led the Philippine government to send the Barko ng Republika ng Pilipinas (BRP) Gregoria del Pilar, the biggest
warship of the country to the area, prompting China to also send a surveillance vessel, leading to the standoff. In the following
month both governments banned fishing in the area. However, barely two months after not allowing fishermen to go or fish in the
Scarborough Shoal or the Panatag Shoal, the Chinese government started blocking the entry of the Panatag Shoal. At the same time,
it started building a military garrison in the area after the Chinese government’s Central Military Commission’s approval.
The Chinese government informed the Philippines that they are to remain in the Panatag Shoal and develop the area. With
the development and tension in the Panatag Shoal, the Philippine government filed the arbitration case against case against China.
After stating its plan to develop the Panatag Shoal, the Chinese government took further steps to claim the disputed
territory. It stationed Chinese ships to Ayungin Shoal, which is a part of the Kalayaan Group of Island just of the Palawan
Peninsula. The military activities of the Chinese government in the Ayungin Shoal led the government to take necessary action and
station its own ship. The BRP Sierra Madre is the permanent ship guarding the country’s sovereignty in the area, with Filipino
soldiers guarding the ship and the island round the clock.
The Philippine government intentionally ran the BRP Sierra Madre aground the Ayungin Shoal to protect not only the
sovereignty of the country but also the Filipin fishermen who are fishing in the area. On June 7, 2013, China released a new map
indicating 10 dash lines placed in the eastern side of Taiwan. It further reinforced China’s claim to the territories in the South China
Sea.
The Permanent Court of Arbitration
The Permanent Court of Arbitration (PCA) is an intergovernmental organization with 121 member states that provides an
avenue for the resolution of international disputes through arbitration and promotion of diplomatic ways in achieving resolutions.
Position of the Parties

A. China
China’s stand on the case filed by the Philippines to the CPA maintains the matter is concerned with territorial sovereignty,
which is not the scope of the PCA. It therefore does not concern the institution and the application of the Convention on the Law of
the Sea (UNCLOS) on the South China Sea case.
The Chinese government also believes that the case filed by the Philippines is focused on the extent of China’s territorial
sovereignty in the South China Sea.
B. Philippines
The Philippine opposes the claim of the Chinese government of having historic rights to the South China Sea. China states
that the national law of the land and the general international law enshrine the country’s claims. However, the Convention is not
part of the international law that has jurisdiction on the case. Due to the claims of the Chinese government , the claims of all other
countries to any part of the South China Sea, including the Philippines’, are rendered invalid.
The Decision of the Tribunal Court
The Tribunal Court of the Hague released the court’s decision on the arbitration of the South China Sea on July 12, 2016 at
The Hague, Netherlands. A unanimous decision was given in favor of the Republic of the Philippines based on the following merits:
a. China’s 9-Dash Line and Historic Rights to the South China Sea
b. The South China Sea Features
c. Chinese Activities in the South China Sea
d. Exacerbation of the Dispute between China and the Philippines
FT1. I. Identify the following.

___________________1. It comprises the archipelago of the country, with all the islands and waters embraced therein.
___________________2. Who was the president who named South China Sea into West Philippine Sea?
___________________3. When did the Philippines filed a case in the PCA?
___________________4. Parties seeking to settle a dispute by means of arbitration can turn to _________.
___________________5. A maritime zone which include littoral areas such as ports, rivers, inlets and other marine spaces
landward of the baseline.
___________________6. Still a maritime zone which lie beyond 200 nautical miles from shore, are to be open and freely available
to everyone.
___________________5. The territorial zone for each country measures?
___________________6. What is the name of the biggest warship of the country?
___________________7. Where is PCA located?
___________________8. How many kilometers is expected to be affected with the 9-dash line of China?
___________________9. Ayungin Shoal is a part of?
___________________10. It is known in China as Wufang Jiao.
___________________11. It is the 200 NM that the Philippines can explore and navigate.
___________________12. An article of the 1987 constitution that provides the definition of national territory.
___________________13. Scarborough Shoal is also known as
___________________14. The most ideal approach in solving territorial disputes.
___________________15. The 9 dash-line of China was released in their country under what government?
FT2. Determine the occurrence in the following dates below.
1. 1946
2. June 4, 2011
3. January 22, 2013
4. April, 2012
5. June 7, 2013
FT3. Create a time line of the events that led to the Philippine’s filing of a case in the Permanent Court of Arbitration concerning
the West Philippine Sea.
FT4. Answer thoroughly.

1. What provision of the UNCLOS did China violate?
2.What is the role of PCA? Where is it located?
3. What are the instances that led the Philippines to fila a case against China?
4. How will the 9-dash line of China affect Philippines?
5. How can we further improve in protecting our maritime rights?
6. Why did China decide not to appear in the Tribunal? What could be the possible impact of China not appearing in the Tribunal?
Explain your answer.
7. Compare and contrast the stand of China and the Philippines on the West Philippine Sea issue.
8. Why is it important to use the name West Philippine Sea when discussing the territories that are in dispute with the Chinese?

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Territorial and Border Conflicts: The West Philippine Sea: Contemporary Issues 10

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Contemporary 2nd Quarter

Issues 10 Territorial and Border Conflicts:

3 The West Philippine Sea

Position of the Parties

FT1. I. Identify the following.

3. January 22, 2013

FT4. Answer thoroughly.

2.What is the role of PCA? Where is it located?

4. How will the 9-dash line of China affect Philippines?

5. How can we further improve in protecting our maritime rights?

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