Scribd
Upload
9 views3 pages

Purcom Laplana

The Philippines asserts its maritime rights based on the United Nations Convention on the Law of the Sea (UNCLOS), which allows it to claim territorial waters and an exclusive economic zone (EEZ) in the South China Sea. A significant ruling by the Permanent Court of Arbitration in 2016 confirmed the Philippines' sovereign rights over its EEZ, rejecting China's historical claims represented by the 'nine-dash line.' The decision emphasizes the importance of UNCLOS for the Philippines in managing its marine resources and protecting the rights of local fishermen.

Uploaded by

jerickalaplana2
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
9 views3 pages

Purcom Laplana

The Philippines asserts its maritime rights based on the United Nations Convention on the Law of the Sea (UNCLOS), which allows it to claim territorial waters and an exclusive economic zone (EEZ) in the South China Sea. A significant ruling by the Permanent Court of Arbitration in 2016 confirmed the Philippines' sovereign rights over its EEZ, rejecting China's historical claims represented by the 'nine-dash line.' The decision emphasizes the importance of UNCLOS for the Philippines in managing its marine resources and protecting the rights of local fishermen.

Uploaded by

jerickalaplana2
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

United Nations Convention on the Law of the Sea Upheld by the Pearl of the Orient Seas

The Philippines as an archipelagic state, is bounded by several seas, including the South

China Sea, where the validity of its maritime claims has been questioned. The Philippines has

asserted its rights over the waters and seabed surrounding its islands based on the provisions. The

law recognizes the concept of archipelagic states, allowing the Philippines to establish baselines

from which to claim its territorial waters and exclusive economic zone (EEZ). This legal

framework was particularly significant when the Philippines lodged a formal complaint against

China in 2013 regarding territorial claims in the West Philippine Sea, which the Philippines

argued were incompatible with UNCLOS.

The United Nations Convention on the Law of the Sea (UNCLOS) was ratified in 1982

and is known as an international treaty that provides a legal framework for marine and maritime

activities. (Institute for Maritime and Ocean Affairs, 2016). It contains, among other things,

provisions relating to the territorial sea, the contiguous zone, the continental shelf, the exclusive

economic zone and the high seas. It also provides for the protection and preservation of the

marine environment, for marine scientific research and for the development and transfer of

marine technology (International Tribunal for the Law of the Sea, n.d.). UNCLOS states the

rights and responsibilities of nations regarding the world's oceans and their resources,

establishing guidelines for the management of marine resources, navigation, and the delimitation

of territorial waters. For the Philippines, known as the Land of Smiles, a nation with extensive

coastlines and wealthy marine resources, UNCLOS is not only an international agreement but

also a cornerstone of its national interests, particularly in the context of pending territorial

disputes, most notably with China in the South China Sea. UNCLOS covers aspects from

territorial sea limits to marine resource management. The United Nations Convention on the Law

of the Seas (UNCLOS) to which both the Philippines and China are signatories allows coastal

states to establish an EEZ extending 200 nautical miles from their baselines, during which they

have sovereign rights over natural resources. For the Philippines, this means that it is entitled to

the exclusive right to exploit marine resources within this zone, which is vital for the country’s

economic resources.

The Philippines applied the provisions of United Nations Convention on the Law of the

Seas when it pursued arbitration against China regarding maritime disputes in the West
Philippine Sea. The case focused on some issues including the legality of China’s ‘nine-dash

line’ which the international tribunal ruled on July 12, 2016 arguing that it could not be used

by Beijing to make historic claims to the South China Sea due to the reason that the line, first

inscribed on a Chinese map in 1947, had “no legal basis” for maritime claims, deemed the

Permanent Court of Arbitration in the Hague (Shanghai, H. B., 2016). The tribunal emphasized

that China’s claims were contrary to UNCLOS and exceeded the geographic limits imposed by it

(Global Challenges, 2019).

The Permanent Court of Arbitration decided that the Philippines has sovereign rights over

its 200 miles Exclusive Economic Zone (EEZ) in the West Philippine Sea. This decision clarified

that the Philippines shall enjoy all economic rights within its EEZ, including fishing, resource

exploration, and marine conservation. Therefore, the West Philippine Sea is inside the

Philippines’ Exclusive Economic Zone (EEZ) to the extent of 200 miles measured from our

country’s archipelagic baselines. In this regard, the 1987 Philippine Constitution mandates the

protection of the rights of subsistence fishermen as provided by Article XIII, Section 7 of the

1987 Philippine Constitution which states that, "The State shall protect the rights of subsistence

fishermen, especially of local communities, to the preferential use of the communal marine and

fishing resources, both inland and offshore. It shall provide support to such fishermen through

appropriate technology and research, adequate financial, production, and marketing assistance,

and other services. The State shall also protect, develop, and conserve such resources. The

protection shall extend to offshore fishing grounds of subsistence fishermen against foreign

intrusion. Fishworkers shall receive a just share from their labor in the utilization of marine and

fishing resources" (Integrated Bar of The Philippines, n.d.).

Reference:

1. 1987 Constitution | Senate Electoral Tribunal. (n.d.).


https://www.set.gov.ph/resources/philippine-constitutions/1987-constitution/
2. About the UNCLOS - Institute for Maritime and Ocean Affairs. (2016, July 27). Institute
for Maritime and Ocean Affairs. https://www.imoa.ph/treaties/unclos/unclos-history/
3. IBP Statement on the West Philippine Sea. (n.d.).
https://www.ibp.ph/announcements/ibpstatement.html
4. International Tribunal for the Law of the Sea: UNCLOS. (n.d.).
https://www.itlos.org/en/main/the-tribunal/unclos/
5. Shanghai, H. B. /. (2016, July 19). Just where exactly did China get the South China Sea
Nine-Dash line from? TIME. https://time.com/4412191/nine-dash-line-9-south-china-sea/
6. The Legal Victory of the Philippines against China | Global Challenges. (2019, March
14). Global Challenges. https://globalchallenges.ch/issue/1/legal-victory-for-the-
philippines-against-china-a-case-study/

You might also like