Arguments of China and Philippines about the issue on "West Philippine Sea

4:14… .. star-m . mm ‘1’ 0 i rg.docs.wps.com <: ACTIVITY 5: Read the arguments of China and Philippines about the issue on “West Philippine Sea". Write your conclusions after reading the article and provide comprehensive explanation on how United Nations stand on the issue. 1. China’s ‘historical rights’ ; ARGUMENT: "First. that lChina is not entitled to exercise what it refers to as ‘historic rights’ over the waters. seabed. and subsoil beyond the limits of its entitlements under the Convention." EXPLANATION: China says the South China Sea has belonged to it for centuries. This is why it claims "historical rights" over the disputed sea. Senior Associate Justice Antonio lSarpio of the Philippine Supreme Court. however. says that "even if true." these historical rights have no bearing on sea disputes under UNCLDS. Carpio explains that UNCLOS "extinguished all historical rights of other states." This UN convention instead gives each coastal state an EEZ. 2. China’s 9-dash line ARGUMENT: "Second. that the so-called 9-dash line has no basis whatsoever under international law insofar as it purports to define the limits of China’s claim to ‘historic rights.’ EXPLANATION: The 9—dash line is China’s demarcation to claim virtuallythe entire South China Sea. China says this is based on its "historical rights." The Philippines. however. asserts that the 9-dash line is baseless under UNCLOS. This UN convention allows an EEZ. not a 9-dash line. 3. Racks vs Islands ARGUMENT: "Third. that the various maritime features relied upon by lChina as a basis upon which to assert its claims in the South China Sea are not islands that generate entitlement to an exclusive economic zone or continental shelf. Rather. some are ‘rocks’ within the meaning of Article 121. paragraph 3; others are low—tide elevations; and still others are permanently submerged. As a result. none are capable of generating entitlements beyond lZNM (nautical miles). and some generate no entitlements at all. China’s recent massive reclamation activities cannot lawfully change the original nature and character of these features." EXPLANATION: Under UNCLOS. habitable islands can generate a 200—nautical—mile EEZ. Rocks cannot. China describes some features in the South China Sea as islands. One of these is Panatag Shoal [Scarborough Shoal). a rocky sandbar. China claims these supposed islands. China also says these "islands" generate an EEZ. which could overlap with the EEZ of the Philippines. The problem forthe Philippines is. China declared in 2006 that it "does not accept" arbitral jurisdiction when it comes to overlapping EEZs. UNCLOS allows this exception.

This is partly why China says the tribunal at The Hague has no right to hear the Philippine case- because it supposedly involves overlapping EEZs. The Philippines adds that China’s reclamation activities cannot "lawfully change" rocks into islands. 4. Breach of the law of the sea ARGUMENT: "Fourth, that China has breached the Convention by interfering with the Philippines’ exercise of its sovereign rights and jurisdiction." EXPLANATION: China prevents Filipinos from fishing in the West Philippine Sea. UNCLOS, on the other hand, gives Filipinos the exclusive rights to fish within the Philippines’ EEZ in the disputed waters. 5. Damage to environment ARGUMENT: "China has irreversibly damaged the regional marine environment, in breach of UNCLOS, by its destruction of coral reefs in the South China Sea, including areas within the Philippines’ EEZ, by its destructive and hazardous fishing practices, and by its harvesting of endangered species." EXPLANATION: China is building artificial islands in the West Philippine Sea. The Philippines says China’s reclamation activities have buried 311 hectares of coral reefs – around 7 times the size of Vatican City. This can mean P4.8 billion ($106.29 million) in lost economic benefits. At the same time, China is accused of poaching. China, for its part, refuses to answer the Philippines’ arguments in arbitration proceedings. It has instead published a position paper debunking the Philippines’ claims. In the end, the Philippines says, the case at The Hague is set to provide a long-term solution to the sea dispute. Source: https://www.rappler.com/world/regions/a sla- WRITE YOUR CONCLUSIONS: O

ACTIVITY 6: You will be asked to choose one country either from Global North or Global South and write a

one-page essay discussing the contemporary issues. political and economic challenges of the chosen

country. MY COUNTRY D 1 | Page RUBRIC FOR ESSAY