WILL CHINA RESPECT INTERNATIONAL COURT'S SOUTH CHINA SEA DECISION?
DFA SEC. PERFECTO YASAY PRESSCON ON THE RULING OF PERMANENT COURT OF ARBITRATION ON THE
WEST PHILIPPINE SEA CASE
The Tribunal issued its
Award Tuesday after several months of hearings and submission of documents.
China was absent throughout the proceedings, refusing to recognize the case.
“The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line.’” the statement said.
“
Having found that none of the features claimed by China was capable of generating an exclusive economic zone, the
Tribunal found that it could—without delimiting a boundary—declare that certain sea areas are within the exclusive economic zone of the
Philippines, because those areas are not overlapped by any possible entitlement of China,” it added.
BACKSTORY: The heart of the dispute over the
West PH Sea
The Tribunal also said that China has violated
Philippine sovereign rights.
“Having found that certain areas are within the exclusive economic zone of the Philippines, the Tribunal found that China had violated the Philippines’ sovereign rights in its exclusive economic zone by (a) interfering with Philippine fishing and petroleum exploration, (b) constructing artificial islands and (c) failing to prevent
Chinese fishermen from fishing in the zone,” the tribunal statement said.
“The Tribunal further held that
Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels,” it said.
The Spratly Islands and its many reefs are being claimed by China under its “nine-dash line” claim that covers nearly the entire
South China Sea including parts of the Philippines’
Exclusive Economic Zone (
EEZ).
China insists it has “historic rights” in asserting its ownership of the region believed to be rich in natural gas resources and also a vital trade route for international cargo ships.
Philippines filed its case in
January 2013 following a tense standoff between Chinese and Philippines ships at
Scarborough shoal in
April 2012.
Since the initiation of the arbitration case, China has conducted several massive reclamation projects to turn submerged reefs into artificial islands capable of hosting military structures and equipment.
China’s reclamation activities have alarmed other
Southeast Asian nations, particularly
Vietnam, that also have competing claims in the South China Sea.
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