This is a viewpoint regarding about the decision at the Permanent Court of Arbitration in which Philippines clearly won the case.
By the Blogger's Primary Perspective
The
Hague and the Permanent Court of Arbitration have issued the result of the
arbitral tribunal between China and the Philippines over the disputed islands
in the South China Sea or in Philippine Terms, West Philippine Sea. This covers
the island group naming the Spratly Islands and the Scarborough Shoal. This
also discussed about China’s Nine Dash Line Claim.
The decision goes in favor of the
Philippines considering that the decision has nullify the claim of China and
its invalidated claim of having sovereignty rights over the whole West
Philippine Sea. That affirms my stance as a citizen of this Republic as
favorable and also agreeable to the decision that was made by the court.
In this reaffirms that the
Philippines have the right to exploit resources within its 200-nautical mile
exclusive economic zone in which it obtains the rich, biodiversity of the seas
in which it will benefiting the fishermen situated west of the Philippines for
their own livelihood. Moreover, the gas and oil deposits in the area can also
be exploited in the sense that it will benefit the whole nation in the sense
that it can alleviate the financial status as well as those of its citizens.
Hence, the whole country will be independent on energy and as well the whole
nation will experience the progress where primary needs are meant to be given
more.
The arbitration decision explicates
that the islands in the disputed sea are nothing more than a mere rock and
cannot sustain habitable life. That in which invalidates Taiwan’s claim that
Itu Aba Island, the largest island there is in the Spratlys can sustain life. That
will also invalidate the respective island’s entitlement of 200 nautical miles
in which it can interfere with those of the Philippines.
On the maps given, it is clear that
the Scarborough Shoal and the Spratly Islands are all in close proximity to the
Philippines rather than China. And it is also known that Taiwan, Vietnam,
Brunei Darussalam and Malaysia also lay claim to the islands in the Spratly
Islands. In the case of Scarborough Shoal, naming Panatag shoal in the
Philippines, it is well known that Filipino fishermen used it as their refuge
at the time the storm ravages the area. It is also known that Scarborough Shoal
is already a Philippine Territory since way back Spanish times and was known as
“Panacot Shoal”.
The artificial islands created by
China in some of the shoals in the area are condemned by the Philippines and
its Western Allies like the United States. That will never validate their
claims in the area so in fact that such actions can be seemed as provocative in
the sense that a full-range conflict can spark anytime in the disputed areas.
These man-made islands have airstrips with them and can accommodate jet
fighters and jet bombers and can implement an Air Defense Identification Zone
just like those implemented in the Senkaku islands in Japan. That alone is
considered to be unlawful considering that it destroyed marine life situated at
the shoals like those in Mischief Reef. That alone makes China unworthy to
protect marine environment as per stipulation of the convention as well as
violating the convention regarding artificial islands and attempted appropriation
in line with the violations in the convention.
China also illegally prevented
fishermen from pursuing their livelihoods in the islands particularly in
Scarborough Shoal. That area is considered to be traditional fishing grounds of
the Philippines alongside from using it as a refuge during stormy periods as
mentioned before in this paper.
The decision also notes the failure
China made in preventing its nationals and vessels from exploiting the
resources in the area exclusively owned by the Philippines. That gives the
queue that such actions made by China are also failed in the eyes of the
arbitral tribunal, giving the Philippines the advantage.
Chinese historical accounts are also
vague and are not covered in the arbitral standards where it is determined by
its own rules regarding the disputes. Such accounts are not included since the arbitration,
upon the rules set by the United Nations Convention on the Law on Sea, is not
based the claims from historical accounts. It involves the proximity of the
islands or rocks to the nearest mainland, the archipelagic baseline in which it
is based on, accounts from its citizens which is primarily the fishermen, and
of course, the responsibility of such nation to preserve and effectively
managing the islands without harming any biodiversity there is and as well
exploiting the resources there is in the area in which only a particular nation
only has the right to do.
In this case, the Philippines in
legal terms gained a lot in this tribunal decision wherein it gives the country
the credibility in the international community to have the disputed waters as
part of it. Moreover, China, despite the decision, still rejects the decision
and is decided to become an outlaw by continuously improving the artificial it
builds in the area. With that, in this case, gained more support to the
Philippines from its allies and from across the world leaded by the United
States of America, Japan, Vietnam and selective European countries like France
and United Kingdom.
Overall, the arbitral tribunal
result between the Philippines and China is indeed favorable to the Philippines
where the country’s plea on the stance of its national integrity is heard by
the Permanent Court of Arbitration and is supported by the International
Community. The Hague’s decision clearly states that China violates Philippine’s
rights over its 200nm EEZ and its justification of claiming the waters through
the 9-dash line is invalid. Thus, it is ascertain that the actions Philippines
can make, on diplomatic actions or in deploying its ship for presence in the
area, will be recognized by its allies well. And there will be the right time
that these islands, once settled, will be fully back into the Philippine’s
hands once again, after all things are set.
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