PCA , In the matter of the South China Sea Arbitration

Chinas 9 dash line approximately 75% overlapped with Western portion of PH EEZ
--Not a settlement of territorial right, but interpretation of UNCLOS rights settles only
treaty based rights
PH RESPONSE :
Clarification on the 9-dash line
Clarification on the features
PH OVERALL OBJECTIVE
Freedom of navigation
EEZ and CS affirmed
High seas affirmed
ARBITRATION CASE
Issue of maritime entitlements and not sovereignty
Filed under Annex VII of UNLCOS defualt dispute settlement mechanism when a
stateparty to UNCLOS did not make as to interpretation or application of the
convention or when both parties have not accepted same procedure
UNCLOS Jurisdiction

Art 281 and Art 282 of the convention, may prevent a state from making use of
mechanisms under the Convention if they have already agreed to other means of
dispute resolution

INAPPLICABLE :

Exceptions to jurisdiction
- sea boundary delimitations and historic bays
-military activity
- disputes in which UN security council is exercising functions assigned to it

PH Claims

Chinas 9 dash line has no basis under international law and China is not entitled
to exercise historic rights over the waters, seabed, and subsoil beyong the imits of
the entitlements under UNCLOS

Maritime features relief upon by China as a basis upon which it assert its claims in
the SCS are not islands that geenreate entitlement to an EEZ and continental shelf.
Either rockes, low tide elevations or permanently submerged

CH breached UNCLOS by interfering with PHs exercise of its sovereign rights and
jurisdiction
CH irreversibly damaged the regional maritime environment including the areas
within PHs EEz

A.

9 dash line has no basis under international law and not entitled to historic
rights

Chinas historic rights were superseded by the limits of the maritime zones provided
for by the convention when they joined UNCLOS
Fishing by China in the waters of South China Sea represented the high seaas
freedoms, rather than a historic right

No evidence that China exercised Exclussive control over the waters of

SCS or prevented other states from exploiting their resources

B.

Maritime Features supporting CHs claims are not islands that generate EEZ
and CS entitlement. They are either rocks, low tide elevations, or
permanently submerged

ISLAND naturally formed area of land, surrounded by water, which is above water at high
tide
- feature to be evaluated prior human modification
C.

Chin has breached UNCLOS by interfering with the PHs exercise of its
sovereign rights and jurisdiction

China had interfered with PH petroleum exploitation of Reed bank

Purported to prohibit fishing by PH vessels within the Philippines EEZ

Protected and failed to prevent Chinese Fishermen from fishing within

PHs EEZ at Mischief Reed and Secon Thomas Shoal

Constructed installations and artificial islands at Mischief reed without the

authorization of PH

Spratleys

Rock

Cant sustain life

Entitled only to 12 nm

No EEZ, thus no overlapping EEZ with PH

Mischief Reef

Not island

Within PH EEZ

Construction in the reed should be under PH jurisdiction