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Wednesday, September 4, 2024

Understanding the sovereignty dispute in the West Philippine Sea

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The Philippines’ claim to the West Philippine Sea (WPS) is firmly rooted in the United Nations Convention on the Law of the Sea (UNCLOS).

On September 5, 2012, former President Benigno Aquino III issued Administrative Order No. 29, with Section 1 declaring that the “maritime areas on the western side of the Philippine archipelago are hereby named as the West Philippine Sea.”

It includes “the Luzon Sea, including the waters around, within, and adjacent to the Kalayaan Island Group (KIG), and Bajo de Masinloc, also known as Scarborough Shoal.”

As the 2016 arbitral award on the South China Sea (SCS) marked its 8th year last July 12, 2024, Manila said it will remain steadfast in its commitment to peace “even in the face of unlawful actions, which have caused serious incidents in the South China Sea.”

As a signatory to this international treaty, the Philippines is entitled to an exclusive economic zone (EEZ) extending 200 nautical miles from its baselines.

This EEZ encompasses a significant portion of the WPS, granting the Philippines exclusive rights to explore, exploit, conserve, and manage resources within this zone.

Beijing repeatedly asserts its vast rights over the WPS through a historical demarcation known as the “nine-dash line.” This claim goes far beyond what is legally authorized under UNCLOS and was dismissed by a 2016 Permanent Court of Arbitration (PCA) verdict in The Hague.

The June 17 incident marked the most violent actions by the China Coast Guard (CCG) in the area, leading to the “looting” of disassembled high-powered guns and causing one of the Philippine Navy servicemen to lose a thumb.

Armed Forces of the Philippines (AFP) spokesperson Col. Margareth Padilla reiterated the illegality of China’s activities in the area.

“We reiterate that China’s activities in our waters are illegal and violate international law, we will continue active monitoring and strengthen our presence in WPS to protect our territory and our rights,” Padilla stated.

The significance of the WPS transcends mere geopolitical concerns. It is intricately linked to the Philippines’ national identity and economic well-being. It also represents a vital component of Philippine territory.

Previous research showed that WPS also has abundant natural resources. Its rich fishing grounds provide crucial food security for millions of Filipinos. Furthermore, the potential for oil and gas reserves in the region has enormous possible economic benefits.

It also serves as a crucial maritime thoroughfare. Freedom of navigation and overflight through this region is paramount for global trade and regional stability.

China’s ongoing militarization activities in the WPS, including the construction of artificial islands, pose a direct threat to these freedoms and disrupt the delicate balance of power in the region.

In the recent acts, Philippine Navy Spokesperson for WPS Rear Admiral Roy Vincent Trinidad confirmed that Chinese Coast Guard (CCG) vessels conducted an intrusive patrol near the Lubang Islands off the coast of Mindoro on Sunday.

The Navy monitored its continuous passage west of Lubang Island, 60 nautical miles from mainland Luzon. They informed the Coast Guard, Naval Forces Northern Luzon, and Naval Forces West, he said.

Despite the ongoing maritime tension, Trinidad noted a slight decrease in the number of Chinese vessels in the WPS over the past month, possibly linked to recent de-escalation talks between Manila and Beijing.

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