The South China Sea, located between the Philippines, Vietnam and other Asian countries, has been a source of contention for many years. Since the Philippines laid claim to portions of the sea in 1976, there have been various court cases and diplomatic wrangling, involving the Philippines and other claimants. What are the Philippines’ legal arguments in support of their claim to parts of the South China Sea?
Under the United Nations Convention on the Law of the Sea (UNCLOS), states are entitled to a 12-nautical mile ‘territorial sea’, an additional 24 miles of ‘Contiguous Zone’ and 200 nautical miles of an ‘Exclusive Economic Zone’. These three zones are known as a ‘maritime jurisdiction’, within which a nation can exercise sovereignty over resources such as fisheries, minerals, oil and gas. Based on this, the Philippines’ claim to the South China Sea is that it is within its Exclusive Economic Zone.
The Philippines also relies on the UNCLOS concept of ‘historical waters’. This concept supports the idea that a state can have a claim beyond its 200-mile EEZ, if the waters have been historically used by that nation. This is based on the reasoning that the EEZ should reflect the nature of a certain area historically and culturally. In this regard, the Philippines relies on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which provides that the right of a state “to exploit, develop, manage and control its natural resources … shall be respects.”
The Philippines also takes into account the concept of ‘joint development zones’, which states that parties—in this case, those claiming the South China Sea—may agree to jointly develop any resources or areas under dispute. This is meant to promote cooperation and apply a peaceful resolution amongst the stakeholders. Under this concept, if parties can agree to recognize a third-party mediator, the disputing states can come to some form of an agreement.
In addition to these arguments, the Philippines also relies on several bilateral agreements to support its claim, such as the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC) and the 2016 Code of Conduct of Parties in the South China Sea (COC). The DOC and COC both state that the signatories should display peaceful conduct while exercising their rights and mutually respect the interests of each other.
However, the Philippines’ claim to parts of the South China Sea has been subject to criticism by both scholars and analysts. A key argument against the Philippines is that their technological capacity for proper resource extraction and recovery is limited and so it does not enjoy the same economic benefits from the South China Sea as many of its neighbours.
Another issue that has been raised by critics is that the Philippines’ claims may be politically motivated. It is argued that the Philippines’ increasingly close relationship with the United States has resulted in the country adopting a more hawkish approach towards China, which is seen as the main claimant to the South China Sea. This view is further strengthened by the argument that the Philippines is only claiming parts of the South China Sea that are relatively uninhabited and much of the resources claimed by the country are not within its EEZ.
What is at Stake?
At stake in the Philippines’ claims to the South China Sea is a great deal of economic activity and hundreds of billions of dollars in resources. As the country has the largest Exclusive Economic Zone (EEZ) in the region, much of the resources currently at stake, such as oil and gas reserves and fisheries, lie within its waters. This means that the Philippines could become a major player in the energy and fishing sectors, as well as have access to additional resources such as minerals, if its claims are upheld.
In addition to the economic benefits, the Philippines’ claims also raise geopolitical concerns for the country. This is due to the fact that if its claims to the South China Sea are seen as legitimate, then it will be seen as a “bully” in the region, with both its neighbours and the international community likely to view it as such. This is a major factor to consider when looking at the Philippines’ claims, as any potential political fallout could be far greater than the economic gains.
The stakes are also high for the other claimant countries in the South China Sea. Countries such as Vietnam, Malaysia and Brunei all have their own claims to the region and if the Philippines’ are seen as legitimate, then the other countries may gain the same legal argument for their claims. This could lead to increased tensions between the countries, as well as with China, as China’s claims to the region are seen as much stronger than those of the other claimants.
What is the Impact of the Philippines’ Claims?
The Philippines’ claims to the South China Sea has had a mixed impact on the region. On the one hand, the country has managed to maintain good relations with its neighbours, mostly due to its “soft power” approach, which involves diplomatic and economic alignment and cooperation. This has allowed the Philippines to maintain good relations with both its regional and international partners.
On the other hand, the Philippines’ claims have had a negative effect on the region. This is due to the fact that China, in particular, has seen the Philippines’ claims as a threat and has responded by increasing its military presence in the region. This has led to rising tensions between the countries, as well as increased military expenditure by both countries in order to protect their interests.
The Philippines’ claims to the South China Sea have also led to a rise in maritime disputes and incidents in the region. This has been particularly apparent in the case of the disputed Spratly Islands, which have been the scene of various naval clashes and land-grabbing attempts by China and the other claimants. This has further increased tensions in the region and could potentially lead to open conflict if the disputes are not resolved in the near future.
What is the Future of the Philippines’ Claims?
The future of the Philippines’ claims to the South China Sea is uncertain due to the legal and political complexities of the situation. The Philippines has taken a peaceful and diplomatic approach in its dealings with the other claimants and has managed to maintain good relations with most of its neighbours. However, as the Philippines’ claims are disputed by most of the other claimant countries and by China, it seems unlikely that the situation will be resolved in the near future.
That being said, the situation is still fluid, and in the coming years, the region may see a shift in the power dynamics if the Philippines’ claims are seen as legitimate. In this case, the Philippines may become an important player in the region, with the potential to become an influential power. As such, the future of the South China Sea is highly dependent on the resolution or lack thereof of the Philippines’ claims to the region.
Analysis and Insights
The Philippines’ claims to the South China Sea are based on legally sound grounds and its arguments should be taken seriously. It is clear that the country has a legitimate right to claim parts of the sea, given its high historical and cultural relevance to the region. However, the country’s claims are also politically motivated, as the Philippines has developed a close relationship with the United States in recent years, which has encouraged the country to take a more hawkish stance towards China.
At the same time, it is important to remember that the stakes in the South China Sea are high, and any potential resolution of the situation must take into account the interests of all the stakeholders. As such, it is crucial that the Philippines’ claims are seen as legitimate by the international community, and that all sides are given the chance to negotiate in order to reach a peaceful solution.
The World View
The international community’s view of the Philippines’ claims to the South China Sea is largely dependent on the country’s relationship with the United States. The United States has been a major supporter of the Philippines’ claims and has encouraged the country to take a stronger stance against China and its claims to the region. This has led to some criticism from other countries in the region, as they view the situation as a proxy battle between the two superpowers.
At the same time, China has been a vocal critic of the Philippines’ claims and has increased its military presence in the region in order to protect its interests. This has led to rising tensions between the countries, and many analysts believe that if the situation is not resolved in the near future, the region could see armed conflict. As such, the world community must take a proactive stance in order to ensure the resolution of the dispute in the South China Sea.
Conclusion
The Philippines’ claims to the South China Sea are based on legally sound grounds and its arguments should be taken seriously. It is clear that the country has a legitimate right to claim parts of the sea, given its high historical and cultural relevance to the region. However, the country’s claims are also politically motivated, as the Philippines has developed a close relationship with the United States in recent years, which has encouraged the country to take a more hawkish stance towards China.
At the same time, the stakes in the South China Sea are high, and any potential resolution of the situation must take into account the interests of all the stakeholders. As such, it is crucial that the Philippines’ claims are seen as legitimate by the international community, and that all sides are given the chance to negotiate in order to reach a peaceful solution. The world community must take a proactive stance in order to ensure the resolution of the dispute in the South China Sea.
