West Philippine Sea Dispute

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1 Jul 2024
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Historical Background

The West Philippine Sea, part of the larger South China Sea, is one of the most contested regions globally, due to its strategic importance and rich natural resources, including fisheries and potential oil and gas reserves. The dispute primarily involves China and the Philippines but also includes other Southeast Asian nations with overlapping claims.

China's Historical Claims: China bases its claims on the "nine-dash line," a demarcation line that appears on Chinese maps from the 1940s. This line encompasses nearly the entire South China Sea, asserting historical rights to the region. China argues that it has a long history of maritime activities in the South China Sea, supported by ancient maps and records.

Philippines' UNCLOS-Based Claims: The Philippines, along with other Southeast Asian countries, bases its claims on the United Nations Convention on the Law of the Sea (UNCLOS). Under UNCLOS, coastal states are entitled to a 200-nautical-mile Exclusive Economic Zone (EEZ) from their baselines, granting them sovereign rights to explore and exploit natural resources within this zone. The Philippines' claims include areas such as the Scarborough Shoal and parts of the Spratly Islands.

Legal Battles

2013 Arbitration Case: In January 2013, the Philippines initiated arbitration proceedings against China under UNCLOS. The Philippines sought clarification on its maritime entitlements and challenged the validity of China's nine-dash line claim.

2016 Arbitral Tribunal Ruling: In July 2016, the Permanent Court of Arbitration in The Hague ruled overwhelmingly in favor of the Philippines. The tribunal concluded that China's historical claims, as represented by the nine-dash line, had no legal basis. The ruling clarified that the areas within the Philippines' EEZ, including the Scarborough Shoal, were part of its sovereign rights. Furthermore, the tribunal found that China had violated the Philippines' rights by interfering with fishing and petroleum exploration, constructing artificial islands, and failing to prevent Chinese fishermen from operating in the Philippines' EEZ​ (USNI News)​​ (GMA Network | News and Entertainment )​.

China rejected the tribunal's decision, declaring it "null and void" and refusing to recognize its legitimacy. This rejection has led to ongoing tensions and confrontations in the region.

Rightful Claim of the Philippines

The Philippines' rightful claim is firmly rooted in international law, specifically UNCLOS. The 2016 arbitral tribunal ruling reinforces this claim, invalidating China's extensive historical rights argument. According to UNCLOS and the tribunal's decision, the Philippines has sovereign rights over its EEZ, allowing it to explore and exploit marine resources within this zone.
The decision also highlighted China's violations, such as interfering with Philippine fishing and petroleum activities, building artificial islands, and not preventing Chinese fishermen from fishing in the Philippines' EEZ. These actions were deemed unlawful and detrimental to the Philippines' rights.


Rising Tensions

Despite the legal victory for the Philippines, the situation in the West Philippine Sea remains highly contentious. China's rejection of the tribunal's ruling and its continued assertive actions have led to frequent confrontations. The Philippines maintains a military presence at strategic locations such as Ayungin Shoal, symbolized by the intentionally grounded BRP Sierra Madre, to assert its sovereignty.

Recent Confrontations:

  • June 2024 Incident: During a resupply mission to the BRP Sierra Madre at Ayungin Shoal, the Chinese Coast Guard allegedly boarded Philippine vessels, punctured their inflatable boats, and seized firearms. This incident resulted in injuries to Philippine soldiers and significant damage to their vessels. The Philippines accused the Chinese Coast Guard of piracy and illegal actions, while China claimed its actions were lawful responses to illegal intrusions​ (EFE Noticias)​​ (Voice of America)​.
  • Water Cannon Incident: In April 2024, the Chinese Coast Guard used water cannons against Philippine vessels near the Scarborough Shoal, damaging the boats and injuring crew members. The Philippines condemned the aggressive actions, while China maintained that it was enforcing its territorial claims​ (Voice of America)​.


These confrontations are part of a broader pattern of increasing tension in the South China Sea, with China continuing to assert its claims through military and civilian means, despite international legal rulings.

Conclusion and Expert Insights

The West Philippine Sea dispute remains a significant geopolitical flashpoint. Experts suggest that the Philippines should adopt a multifaceted strategy, combining diplomatic efforts, strengthening alliances, and enhancing its maritime defense capabilities. Engaging in bilateral talks with China while seeking support from allies like the United States is crucial for maintaining a balanced approach.

The United States has reiterated its support for the Philippines, emphasizing the importance of freedom of navigation and adherence to international law. Joint military exercises with the U.S. and other allies have been conducted to bolster the Philippines' defense posture​ (EFE Noticias)​​ (Voice of America)​.

Looking ahead, experts believe that while the legal victory provides the Philippines with a strong foundation, effectively enforcing its rights will require continuous diplomatic pressure, international support, and a robust maritime presence. The situation remains fluid, with potential for both further confrontations and diplomatic resolutions.

In conclusion, the West Philippine Sea dispute is a complex issue involving legal, historical, and geopolitical dimensions. The Philippines' claims, supported by international law, face ongoing challenges from China's assertive actions. Navigating the tensions will require a strategic blend of diplomacy, legal advocacy, and strengthening alliances to protect sovereign rights and maintain regional stability.

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