West Philippine Sea: A Defining Test of Sovereignty, Resources, and National Will — Carpio

The West Philippine Sea issue is often framed as a maritime dispute, but in reality, it encompasses far more—touching on sovereignty, economic security, international law, and the long-term future of the Filipino people.

Retired Supreme Court Senior Associate Justice Antonio T. Carpio, speaking on Patas sa Batas, emphasized that what is at stake is not merely territory, but a vast maritime domain affirmed under international law as belonging to the Philippines.


A Maritime Area Larger Than the Nation’s Land Territory

The 2016 arbitral ruling awarded the Philippines a maritime area larger than its total land mass. Within this zone lie critical resources—fisheries, oil, natural gas, and minerals—that belong exclusively to the country under its Exclusive Economic Zone (EEZ).

Among these, Reed Bank stands out as a vital energy reserve, potentially capable of supplying the country’s needs for decades, far exceeding the output of the Malampaya gas field. As domestic energy demands rise, the strategic importance of these resources continues to grow.


Progress in Alliances, But Political Will Remains Key

The Philippines has strengthened its defense posture by expanding partnerships with countries such as Australia, Japan, and other allies. These relationships reinforce the country’s position in safeguarding maritime rights and freedom of navigation.

However, despite these gains, a crucial gap persists. Neighboring states like Malaysia and Indonesia have successfully extracted resources within their maritime zones, even in the face of external pressure. The Philippines, despite its stronger legal position, has yet to fully utilize its resources—pointing to the need for stronger political will.


Joint Development and Constitutional Limits

Efforts to pursue joint development with China previously advanced but ultimately failed due to constitutional constraints.

Any such agreement, it was stressed, must clearly recognize that the resources belong to the Philippines and must be governed by Philippine law. When proposals sought to remove these conditions, they became incompatible with the Constitution, leading to the collapse of negotiations.


China’s Strategy: Assert Without War

China’s approach in the West Philippine Sea has not relied on direct military confrontation. Instead, it employs a multi-layered strategy—advancing historical narratives, challenging legal frameworks, and applying sustained pressure through its military and economic capabilities.

The objective is to normalize expansive claims, including the so-called “10-dash line,” without triggering armed conflict. This places the burden on affected states to respond through legal, diplomatic, and strategic means.


Why Even Small Maritime Features Matter

Under international law, even small features—such as Bajo de Masinloc (Scarborough Shoal)—carry significant implications. A rock above water at high tide generates a 12-nautical-mile territorial sea, creating a large maritime zone rich in resources.

This explains why even seemingly minor features are central to broader disputes.


Historical Maps Reinforce Philippine Claims

Historical evidence strengthens the Philippines’ position. Maps such as the 1734 Murillo Velarde map and the 1875 Carta General del Archipiélago Filipino consistently depict key features in the West Philippine Sea as part of Philippine territory.

In contrast, China’s own published historical maps show its southernmost boundary as Hainan Island—undermining claims of long-standing control over disputed areas.


Transparency and International Support

Transparency has proven to be an effective strategy in building global awareness and support. By documenting and sharing developments in the West Philippine Sea, the Philippines has helped shape international opinion.

Following the 2016 arbitral ruling, global consensus shifted significantly, with no country formally supporting China’s sweeping maritime claims.


The Need for Continued Legal Action

Further legal action remains essential. One key area is the extended continental shelf, where additional arbitration could strengthen the Philippines’ claims and reinforce its rights under international law.

Timely action is critical, as delays may weaken the country’s ability to assert its position in an evolving geopolitical landscape.


A Responsibility to Future Generations

The West Philippine Sea represents more than a present-day concern—it is part of the nation’s patrimony. The resources within it are meant for both current and future generations of Filipinos.

Failure to assert these rights risks losing not only economic opportunities but also sovereign entitlements that define the nation’s future.