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Philippines vs.

China

What every high school student should know and


do?

Arvin Antonio Ortiz


November 14, 2015
Holy Cross of Davao College

Permanent Court of
Arbitration
The Hague, Netherlands

This session
I. Introduction to the Philippines vs.
China maritime dispute
a. Territory: Territorial Sea,
Contiguous Zone, Exclusive
Economic Zone
b.
Chinas Claim: 9-Dash
Line, Island Reclamation
c. South China Sea
II. What should high school students
do?

What country
owns Samal
Island?

Picture of Samal Island

National Territory

The national territory comprises


the Philippine archipelago, with
all the islands and waters
embraced therein

Article I, 1987 Philippine Constitution

Who owns the


South China
Sea?

UNCLOS

United Nations Convention on the Law of the Sea


Constitution of the Sea
Adopted in 1982; took effect in 1994
Philippines ratified on May 8, 1984
China ratified it on June 7, 1996
Has 166 signatories
Defines the rights and responsibilities of nations
with respect to their use of the world'soceans,
establishing guidelines for businesses, the
environment, and the management of
marinenatural resources

An archipelagic State may


draw straight archipelagic
baselines joining the
outermost points of the
outermost islands
Article 47, UNCLOS

Baseline - the line from which


the seaward limits of a
state's territorialseaand
certain other maritime zones
of jurisdiction are measured

Every State has the


right to establish
the breadth of its
territorial sea up to
a limit not
exceeding 12
nautical miles,
measured from
baselines;
Article 3, UNCLOS

To prevent
infringement of its
customs, fiscal,
immigration or
sanitary laws and
regulations within its
territory or territorial
sea;
To punish
infringement of the
above laws and
regulations
committed within its
territory or territorial
sea
Article 33, UNCLOS

Exclusive Economic Zone

Rights of coastal states in the EEZ


(Art. 56, UNCLOS)
Exploring and exploiting, conserving and managing
the natural resources, whether living or non-living, of
the waters superjacent to the seabed and of the
seabed and its subsoil
For economic exploitation and exploration of the
zone, such as the production of energy from the
water, currents and winds
Establishment and use of artificial islands,
installations and structures
Marine scientific research
The protection and preservation of the marine
environment

Chinas 9-Dash

Chinas claim
Historic rights:
Chinese activities date
back to over 2,000
years ago
After WW II, China
regained control over
the South China Sea

On January 23, 2013, the Philippines


filed a case against China

The Philippine Claims

The Philippines asserts that


China is claiming rights and
entitlements far in excess of
what has been agreed upon by
the international community in
UNCLOS.
Prof. Jay Batongbacal
Director, Institute for Maritime
Affairs and Law of the Sea

The Philippine Claims

China has illegally occupied or controlled 8


features within the South China Sea: Fiery
Cross, Cuarteron, Subi, McKennan,
Johnson South, Gaven, & Mischief Reefs.

Prof. Jay Batongbacal


Director, Institute for Maritime
Affairs and Law of the Sea

The Philippine Claims

China has unlawfully claimed rights or


entitlements to, and unlawfully exploited living
and non-living natural resources in other
areas within the Philippines EEQ and
Continental Shelf, while preventing the latter
from doing so.

Prof. Jay Batongbacal


Director, Institute for Maritime
Affairs and Law of the Sea

I
H

A
N

R
C

A
P
X
E

I
P
E
E

G
N

I
S
N

N
O

231,100 sq.m. reclaimed


Access channel 125
meters wide
Breakwaters
Multiple support buildings
Possible communications
antennas x5
Possible radar facility
Possible radar tower under
construction x2
Concrete plants x3
Helipad x2
Preexisting large multi-level
military facility
Preexisting satellite
communication antenna
Reinforced seawalls
Possible gun or missile
emplacements x5

2,740,000 sq.m. reclaimed


3000m airstrip (under
construction)
Multiple cement plants
Multiple support buildings
9 temporary loading piers, one
preexisting pier
Preexisting air-defense guns
Possible radar tower under
construction
Possible gun emplacements x8
Preexisting anti-frogman defenses
Preexisting communications
equipment
Preexisting greenhouse
Helipad x2
Preexisting military facility
Preexisting pier
New multi-level admin. facility
adjacent to airstrip
Lighthouse x2
Possible satellite communication
antennas x10

136,000 sq.m. reclaimed


Access channel 122 meters
wide
Port area 66,402 square
meters
Anti-air guns
Possible large radio
communication antenna being
constructed
Construction support structure
Possible gun emplacements
x8
Naval guns
New military facility
Helipad x2
Preexisting military facility
Reinforced seawalls
Cement plant

76,000 sq.m. reclaimed


Access channel 118 meters
wide
Coastal fortifications
4 defensive towers
Harbor 292,000 square
meters
Multi-level military facility
Possible gun
emplacements x5
Possible radar facility
under construction
Preexisting helipad
Preexisting light house
Reinforced seawalls
Cement plant

Hughes Reef

109,000 sq.m. reclaimed


Access channel 125 meters wide
Concrete plant
Defensive towers
Desalination pumps
Fuel dump
Multi-level military facility
Possible radar facility
Small port with limited berth space
and two loading stations
3,000 square meter harbor area
Possible weapons tower x4
Agricultural, lighthouse, and
possible solar farm (44 panels)
Preexisting communications
facility
Preexisting garrison building
Helipad x2
Roll on roll off docks
Preexisting large multi-level
Military Facility
Preexisting pier
Reinforced Seawalls

Johnson Reef

5,580,000 sq.m.
reclaimed
Access channel
Fortified seawalls
Temporary loading piers
x9
Cement plant x9
Preexisting military
facilities (2)
Preexisting shelter for
fishermen
Possible satellite
communication antennas
x3

The Real Score:


Control of
Resources

Will there be a war


between China & the
Philippines?

Philippines vs. China


Philippines

Air Power

China

126

Total Aircraft

2,860

Fighters/Interceptors

1,066

Fixed-Wing Attack Aircraft

1,311

95

Transport Aircraft

876

23

Trainer Aircraft

352

82

Helicopters

908

Attack Helicopters

196

Source: www.globalfirepower.com

Philippines vs. China


Philippines

Naval Power

China

120

Total Naval Strength

673

Aircraft Carriers

Frigates

47

Destroyers

25

11

Corvettes

23

Submarines

67

38

Coastal Defense Craft

11

Mine Warfare

Source: www.globalfirepower.com

BRP Sierra Madre

The Liaoning

Enhanced Defense Cooperation


Agreement (EDCA)
Signed on April 28, 2014

What should
students do?

EDUCATE
YOURSELF

SPEAK
OUT

WR
PROT
ITE
EST
REA
TAKE
BLO
CT
COMP
ACTION G
COM
OSE

JOIN THE
#HASHTAG
REVOLUTION

#MillionPeopleMarch
#ScrapPork

#PDAFKalampag dominant #MillionPeopleMarch PNoy announced an


for 3 days until news picked became the default overhaul of PDAF
#MillionPeopleMarch
up the protest
hashtag
surfaced the net

(2013)

#MillionPeopleMarch
Philippines' first social media organized protest

Does social media have the power


to change the world?

Thank you