PHILIPPINES: CHINA’S TERRITORIAL CLAIM ‘HOPELESS, INDEFENSIBLE’
The Philippines’ arguments on the second day of the hearing on the merits of the arbitration case against China in The Hague, Netherlands centered on the deprivation of the fishing and exploration rights in the disputed West Philippines Sea (WPS).
In a media bulletin she emailed to the Malacanang media on Thursday, Deputy Presidential Spokesperson Abigail Valte said counsel Andrew Loewenstein argued that China’s Nine Dash Line claim is “hopeless and indefensible” since none of the conditions to establish historic rights are present in China’s Case.
Professor Philippe Sands, who also represents the Philippines in the arbitration case, also argued that Mischief Reef, Second Thomas Shoal, Subi Reef, Mckennan Reef and Gaven Reef are all low-tide elevations under the United Nations Convention on the Law of the Sea (UNCLOS) and as such are not entitled to its own territorial sea, exclusive economic zone or continental shelf.
”Sands also presented to the Tribunal the construction activities on these features done by China, and asserted that these changes cannot be the basis of additional maritime entitlements,” Valte said in her press statement.
Lawrence Martine, on the other hand, argued that based on the Mandarin, Spanish and English translations of Article 121, features that are classified as rocks cannot have maritime entitlements despite China’s construction.
Martin also stressed that under UNCLOS, for a feature to be considered an island, it must be capable of sustaining human habitation and economic life.
According to Valte, Paul Reichler told the Permanent Court of Arbitration that no civilian settlements were ever established on the features in the Spratlys “and that there can only be one reason why this is the case, as the features themselves are not capable of sustaining human habitation.”
Valte said Sands discussed China’s interference with the Philippines’ exercise of sovereign rights under the UNCLOS with respect to living and non-living resources in the exclusive economic zone.
”Sands gave as examples several incidents involving service contracts given by the Department of Energy wherein the private companies were prevented from exploration. In addition, the fishing ban mandated by China’s Ministry of Agriculture covering even areas in the Philippines’ EEZ was also discussed,” Valte said.
Martin presented various testimonies of Filipino fishermen to prove China’s interference in the traditional fishing activities of Filipino fishermen around the South China Sea, particularly in Bajo de Masinloc or Scarborough Shoal.
A 1784 map was presented to prove that Bajo de Masinloc has always been part of the Philippines.
Loewenstein ended the second day of session by presenting satellite images of various installations constructed by China on Mischief Reef, among others.
Valte said a video simulation was also shown to the Tribunal to demonstrate how a cutter suction dredger destroys the sea bed and transfers sand to a pre-selected area, a machine used by China in its construction activities.
Loewenstein argued further that by engaging in these activities, China has violated the sovereign rights of the Philippines with regard to living and non-living resources in its EEZ (exclusive economic zone) and continental shelf.
”As stated by Sands, China’s violations are ‘flagrant and persistent’ and they continue today,” Valte said.
Valte said the Philippine side will continue presenting its case on Nov. 26 (The Hague time). (PNA)
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In a media bulletin she emailed to the Malacanang media on Thursday, Deputy Presidential Spokesperson Abigail Valte said counsel Andrew Loewenstein argued that China’s Nine Dash Line claim is “hopeless and indefensible” since none of the conditions to establish historic rights are present in China’s Case.
Professor Philippe Sands, who also represents the Philippines in the arbitration case, also argued that Mischief Reef, Second Thomas Shoal, Subi Reef, Mckennan Reef and Gaven Reef are all low-tide elevations under the United Nations Convention on the Law of the Sea (UNCLOS) and as such are not entitled to its own territorial sea, exclusive economic zone or continental shelf.
”Sands also presented to the Tribunal the construction activities on these features done by China, and asserted that these changes cannot be the basis of additional maritime entitlements,” Valte said in her press statement.
Lawrence Martine, on the other hand, argued that based on the Mandarin, Spanish and English translations of Article 121, features that are classified as rocks cannot have maritime entitlements despite China’s construction.
Martin also stressed that under UNCLOS, for a feature to be considered an island, it must be capable of sustaining human habitation and economic life.
According to Valte, Paul Reichler told the Permanent Court of Arbitration that no civilian settlements were ever established on the features in the Spratlys “and that there can only be one reason why this is the case, as the features themselves are not capable of sustaining human habitation.”
Valte said Sands discussed China’s interference with the Philippines’ exercise of sovereign rights under the UNCLOS with respect to living and non-living resources in the exclusive economic zone.
”Sands gave as examples several incidents involving service contracts given by the Department of Energy wherein the private companies were prevented from exploration. In addition, the fishing ban mandated by China’s Ministry of Agriculture covering even areas in the Philippines’ EEZ was also discussed,” Valte said.
Martin presented various testimonies of Filipino fishermen to prove China’s interference in the traditional fishing activities of Filipino fishermen around the South China Sea, particularly in Bajo de Masinloc or Scarborough Shoal.
A 1784 map was presented to prove that Bajo de Masinloc has always been part of the Philippines.
Loewenstein ended the second day of session by presenting satellite images of various installations constructed by China on Mischief Reef, among others.
Valte said a video simulation was also shown to the Tribunal to demonstrate how a cutter suction dredger destroys the sea bed and transfers sand to a pre-selected area, a machine used by China in its construction activities.
Loewenstein argued further that by engaging in these activities, China has violated the sovereign rights of the Philippines with regard to living and non-living resources in its EEZ (exclusive economic zone) and continental shelf.
”As stated by Sands, China’s violations are ‘flagrant and persistent’ and they continue today,” Valte said.
Valte said the Philippine side will continue presenting its case on Nov. 26 (The Hague time). (PNA)
http://tankler.com
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