Institute for Maritime and Ocean Affairs

www.imoa.ph

Arbitral Award: Philippines v. China

By

Justice Antonio Carpio

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The page discusses the Final Arbitral Award issued on July 12, 2016, regarding the South China Sea dispute between the Philippines and China. Here are the key points:

  1. Nine-Dashed Line Claim: China submitted a map with a nine-dashed line to the United Nations in 2009, claiming sovereignty over the South China Sea islands and adjacent waters. However, China did not provide a legal basis for the dashes, and the coordinates were not fixed.
  2. Protests: Vietnam, Malaysia, and Indonesia promptly protested China’s claim. The Philippines protested on April 11, 2011.
  3. Tribunal Ruling: The Tribunal ruled that China’s nine-dashed line claim is invalid under the United Nations Convention on the Law of the Sea (UNCLOS). China has no historic rights over the waters and resources in the South China Sea.
  4. Spratly Islands: None of the Spratly Islands are capable of sustaining human habitation or economic life on their own, so they are not entitled to a 200 nautical mile Exclusive Economic Zone (EEZ). McKennan Reef and Johnson South Reef are high-tide features within the Philippine EEZ.
  5. Scarborough Shoal: Scarborough Shoal is a high-tide feature entitled to a 12 nautical mile territorial sea but not a 200 nautical mile EEZ. China cannot prevent Filipino fishermen from fishing in Scarborough Shoal.
  6. Justice Antonio T. Carpio: Justice Carpio has been a prominent figure in advocating for the Philippines’ rights in the South China Sea. He has delivered numerous lectures and written extensively on the subject, emphasizing the importance of upholding international law and the Tribunal’s ruling. Justice Carpio has also criticized China’s actions in the region and urged the Philippines to continue challenging China’s territorial claims at international forums24.

These points highlight the key aspects of the arbitral award and its implications for the territorial and maritime disputes in the South China Sea. Justice Carpio’s contributions have been instrumental in raising awareness and advocating for the Philippines’ sovereign rights in the region.

Lecture History: