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MANILA, Philippines – The Philippines' case against China over the West Philippine Sea

(South China Sea) boils down to 5 basic arguments.


Philippine Foreign Secretary Albert del Rosario outlined these claims on Tuesday, July 7, the
first day of arguments at The Hague. (READ: Philippines vows to smash China's strongest
argument)
For the oral hearings that run until July 13, we've listed these 5 arguments, quoted verbatim
from Del Rosario.
Below each argument, we've added our own notes to explain things in a nutshell. We've also
included links to other stories for further reading and reference.
The Philippines' arguments revolve around the right to fish, as well as to exploit other resources,
in the West Philippine Sea. (READ: PH vs China at The Hague: '80% of fish' at stake)
1. China's 'historical rights'
ARGUMENT: "First, that China is not entitled to exercise what it refers to as 'historic rights' over
the waters, seabed, and subsoil beyond the limits of its entitlements under the Convention."
2. China's 9-dash line
ARGUMENT: "Second, that the so-called 9-dash line has no basis whatsoever under
international law insofar as it purports to define the limits of China’s claim to 'historic rights.'"
The Philippines, however, asserts that the 9-dash line is baseless under UNCLOS. This UN
convention allows an EEZ, not a 9-dash line. (READ: No such thing as 9-dash line – US envoy)
3. Rocks vs islands
ARGUMENT: "Third, that the various maritime features relied upon by China as a basis upon
which to assert its claims in the South China Sea are not islands that generate entitlement to an
exclusive economic zone or continental shelf. Rather, some are 'rocks' within the meaning of
Article 121, paragraph 3; others are low-tide elevations; and still others are permanently
submerged. As a result, none are capable of generating entitlements beyond 12NM (nautical
miles), and some generate no entitlements at all. China’s recent massive reclamation activities
cannot lawfully change the original nature and character of these features."
China describes some features in the South China Sea as islands. One of these is Panatag
Shoal (Scarborough Shoal), a rocky sandbar. China claims these supposed islands.
The Philippines adds that China's reclamation activities cannot "lawfully change" rocks into
islands.
4. Breach of the law of the sea
ARGUMENT: "Fourth, that China has breached the Convention by interfering with the
Philippines’ exercise of its sovereign rights and jurisdiction."
5. Damage to environment
ARGUMENT: "China has irreversibly damaged the regional marine environment, in breach of
UNCLOS, by its destruction of coral reefs in the South China Sea, including areas within the
Philippines’ EEZ, by its
China Building Military
China is continuing to build its missile force, Schriver said, and it has begun building a second
aircraft carrier. The nation is sailing two new cruisers and is building more, he said. And China’s
air force has flown its J-20 fifth-generation aircraft, Schriver said. The aircraft has stealth
characteristics and many U.S. officials have said they believe it may contain technologies stolen
from U.S. manufacturers.
Chinese conventional forces are moving to improve training and evaluation of ground, sea and
air forces, he said. Newly published doctrine “emphasizes realistic and joint training across all
domains and tasks the PLA to prepare for conflict aimed at ‘strong military opponents,’” Schriver
said.

MANILA, Philippines — The Philippines is losing about P33.1 billion annually from the
damaged reef ecosystems at Panatag (Scarborough) Shoal and the Spratly Islands mainly due
to China’s reclamation activities and illegal fishing operations, according to Filipino marine
scientists.
Deo Florence Onda, a scientist with the University of the Philippines’ Marine Science Institute
(UP MSI), on Wednesday said the figure, while already staggering, was a “conservative
estimate,” considering the complex marine biodiversity of the country.

Paterno E. (2015) Explainer: Philippines' 5 Argumnets Vs China. Retrieved: July. 09,2015


https://www.cfo.gov.ph/news/cfo-news-and-events/3248-explainer-philippines-5-arguments-vs-
china.html

Garamone J. (2019) DOD official details Continuing chinese Military Buildup. Retrieved: May.
03,2019
https://www.defense.gov/Newsroom/News/Article/Article/1836512/dod-official-details-
continuing-chinese-military-
buildup/https://www.defense.gov/Newsroom/News/Article/Article/1836512/dod-official-details-
continuing-chinese-military-buildup/

Enano J. & Ocampo K. (2019) Cost of china damage to PH reefs: P33B a year. Retrieved:
june 2019
https://globalnation.inquirer.net/177462/cost-of-china-damage-to-ph-reefs-p33b-a-year/amp

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