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  • Kalayaan-Karapatan Sa Karagatan - Moredo

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    Eloisa Joy Moredo
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    The document discusses the territorial dispute between China and the Philippines in the South China Sea. It explains that the Philippines has brought the dispute to arbitration under the United Nations Convention on the Law of the Sea (UNCLOS) as China's "nine-dash line" claim encompasses 90% of the Spratly Islands and blocks its neighbors from accessing their exclusive economic zones. UNCLOS establishes standards for maritime boundaries and economic rights, granting coastal states a 200 nautical mile exclusive economic zone. While China bases its claim on historical rights, UNCLOS abolished this criterion to allow coastal states like the Philippines to develop resources in their waters. The Philippines argues China's claim has no legal basis under international law.

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    The document discusses the territorial dispute between China and the Philippines in the South China Sea. It explains that the Philippines has brought the dispute to arbitration under the United Nations Convention on the Law of the Sea (UNCLOS) as China's "nine-dash line" claim encompasses 90% of the Spratly Islands and blocks its neighbors from accessing their exclusive economic zones. UNCLOS establishes standards for maritime boundaries and economic rights, granting coastal states a 200 nautical mile exclusive economic zone. While China bases its claim on historical rights, UNCLOS abolished this criterion to allow coastal states like the Philippines to develop resources in their waters. The Philippines argues China's claim has no legal basis under international law.

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    412 views1 page

    Kalayaan-Karapatan Sa Karagatan - Moredo

    Uploaded by

    Eloisa Joy Moredo
    The document discusses the territorial dispute between China and the Philippines in the South China Sea. It explains that the Philippines has brought the dispute to arbitration under the United Nations Convention on the Law of the Sea (UNCLOS) as China's "nine-dash line" claim encompasses 90% of the Spratly Islands and blocks its neighbors from accessing their exclusive economic zones. UNCLOS establishes standards for maritime boundaries and economic rights, granting coastal states a 200 nautical mile exclusive economic zone. While China bases its claim on historical rights, UNCLOS abolished this criterion to allow coastal states like the Philippines to develop resources in their waters. The Philippines argues China's claim has no legal basis under international law.

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    of 1

    Moredo Eloisa Joy R.

    KALAYAAN: KARAPATAN SA KARAGATAN

    In our times, disagreements or wars between countries are no longer decided by physical force or
    aggressive acts (i.e. military action), but rather by international laws binding all states to assist them in
    resolving conflicts in a peaceful and diplomatic manner. The community of nations established fair play
    between countries, regardless of whether one is politically, economically, or militarily powerful than the
    other, through these laws, which the majority refers to as the Rule of Law. The UNCLOS, the constitution
    of nations in the use of the world's waterways, notably the seas and oceans, is one of the most current
    and notable international laws that man has devised. There is currently a maritime dispute between
    claimants to the Spratly Islands. Specifically, in the instance of the Philippines and China, where the
    UNCLOS is currently conducting an arbitration to resolve the dispute. In this case, China is claiming its
    territorial authority in accordance with the 9-dasline rule, which encompasses 90% of the Spratly Islands
    and was devised by them in 2008. The Philippines, on the other side, maintains that China's 9-dashline
    rule is in breach of international law, notably the UNCLOS, and that it has any legal basis in international
    law to be enforced.The Philippines' Exclusive Economic Zone is one of the most affected by the 9-
    dashline rule, given the West Philippine Sea is about 600 nautical miles from mainland China's baseline.
    In essence, China is blocking its neighbors from establishing their own Exclusive Economic Zone (EEZ). As
    a result, the Philippines, as the poorer nation in terms of economics, politics, and military might,
    attempts to resolve the territorial dispute through the Rule of Law, which is customary international law
    or the United Nations Convention on the Law of the Sea.

    The UNCLOS, or United Nations Convention on the Law of the Sea, is the primary international law
    guiding how governments behave themselves and use their seas and oceans. UNCLOS establishes
    standards for enterprises, the environment, and the management of marine natural resources and
    defines the rights and obligations of nations in their use of the world's seas. In a nutshell, it is the set of
    norms that govern how states use the world's waters, particularly the seas and oceans. To make it short,
    UNCLOS allows every coastal state in the world a 200-nautical-mile Exclusive Economic Zone, plus a 150-
    nautical-mile extended continental shelf when applicable, and it also offers all states sovereign
    economic rights to what is known as Territory, which is the area outside the territorial jurisdiction of the
    coastal states. No state has exclusive control of the EEZ (Exclusive Economic Zone), but the state with a
    valid claim on it, as defined by the UNCLOS, has the right to explore and utilize its area. China's claim, on
    the other hand, is illegal under international law since it lacks international support, despite the fact that
    they claim it is based on historical rights. Historical rights were abolished as a criterion in determining
    sea areas by the UNCLOS in order for developing coastal governments to develop it as a source of their
    own products. It is evident that China is 600 miles away from the West Philippine Sea, which the
    Philippines claims as part of its exclusive economic zone (EEZ).

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