Catarining, Ma. Baby Renz C. and Bantugan, Angelyn V.The West Philippine SeaThis paper will be discussing the following areas: (1) The issue on the west Philippine sea as to which state does it belongs to. Many states has been trying to claim territories such as seas for its resources that could be found within .The China and Philippines claims the West Philippine Sea s theirs . (2) The people’s opinions and reactions on the incidents or issues on the west Philippine sea like the claiming of china on the West Philippine sea as their historical rights , and the China’s nine-dash line , and the recent issue which is the sunken ship owned by Filipinos that was hit by a Chinese vessel .
And also how did the Chinese reacted upon the case and what did the Philippines and China government do in solving the said issue. (3) some articles or laws from the United Nations Convention on the Laws of the Sea (UNCLOS) will be mentioned and somehow explained by how the government and what is the basis of the government s in determining the territories owned by a state which was made for to be clear on the territories owned by each country .
(4) The claim of Philippines and China based on their sovereignty. And which country have the sovereign rights over the West Philippine sea . (5) And lastly, the government actions towards the issue on the west Philippine sea will be discussed through news articles . Also What are the solutions and the plans of the government in regards to the issue on the claiming of the West Philippine sea in South China Sea will be mentioned in the section of the paper. The West Philippine Sea Incident The Filipino vs. the ChineseThe issue on the claiming of China on the west Philippine sea has made some of the Filipinos mad . There have also been incidents in the West Philippine sea like the issue according to ABS-CBN news On June 12,2019 a sunken ship that carrying 22 Filipino fishermen which was said that was hit by a Chinese vessel and was abandoned . Fortunately, there was a Vietnamese fishing vessel nearby who helped these fishermen in coordination with the Philippine military.The Chinese were saying that it was just an accident however there re arguments on whether it was really an accident or it was an accident however the issue was the Chinese abandoning the Filipino fishermen inside the sunken boat. The West Philippine Sea as The territory of Philippines or China All through out the years, the claims in territories have been the common issue nationwide. The very reasons why the government of every state made agreements or treaties with other countries they conflict with in regards to territories . The issue on which state does the West Philippines Sea belongs to has been controversial between the Philippines and China for so many years until now. According to the United Nations Convention on the Law of the Sea (UNCLOS) ,it is written in the section two: Limits of the Territorial Sea ,Article 3: Breadth of the territorial sea that Every state has the right to establish the breadth of its territorial sea up to a limit not exceeding twelve nautical miles, measured from baseline determined in accordance with this convention. As every state are given the right to have at the very most 12 nautical miles, there have been conflicts in regards to the overpassing claims of boundaries. There were arguments raised on who owns the West Philippines sea. In the map of the Philippines ,The west Philippine sea is located in the western north pacific ocean lying east and north of the Philippines.There have been arguments on the West Philippine sea claims . The China claims the West Philippine sea as their historical right (Esmaquel,2015).The Sovereignty of Philippines and ChinaAccording to the United Nations Convention on the law of the Sea , it is stated in the section one:general provisions, Article two: Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil that (1) the sovereignty of a coastal state extends, beyond its land territory and internal waters and , in the case of an archipelagic State, its archipelagic waters , to an adjacent belt of sea, described as the territorial sea.(2)This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil. (3)The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. The Philippines and China claims the West Philippines sea or also known as the South China Sea as theirs. But in the International Tribunal for the Law of the Sea (ITLOS) according to Santos(2016), the Philippine delegation filed a case against the Chinese nine-dash line on the claim of the west Philippine sea . And that it has finally decided that the Philippine have exclusive sovereign rights in the West Philippine sea. The nine-dash line of the China sea was a demarcation line used by the China or the republic of China saying that whatever lies within those lines are theirs or belongs to them. It was also said that the China’s so called nine-dash line was invalid. The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the nine-dash line. Having found that none of the features claimed by China was capable of generating an exclusive economic zone, the Tribunal found that it could declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China. China claims sovereignty over almost the entire South China Sea where ASEAN members Brunei, Malaysia, the Philippines and Vietnam, as well as Taiwan, also have territorial claims (Gutierrez,2019).The Government of the Philippines President Rodrigo Duterte is , the present president of the Philippines . According to Mangosing(2019), he stated in his report regarding the new policies that the government will be implementing in regard to the issue on the west Philippine sea that President Rodrigo Duterte has chosen to set aside the landmark ruling of the international tribunal in 2016 that invalidated China’s sweeping claims in the South China Sea, but promised to bring it up before his term ends.The government is still investigating the matter in the issue on the claiming of China on the west Philippine sea. According to the Global security(2019),president Rodrigo Duterte has plans in regard to the uninhabited islands in the west Philippine sea. He revealed his plans on 6th of April, 2017 during hs visit to a military camp in the western province of Palawan that he plans to raise the Philippine flag in about nine to ten islands and in the Spratly islands region in which as he stated he wants to maintain our jurisdiction over the West Philippine Sea.He also ordered the military to seize and occupy ll the islands and build structures and the Philippine flag.ConclusionClaims on territories have been the common issue nationwide . It is the very reason why the United Nations Convention on the law of the Sea has been made. In order to be clear on the boundaries and territories of each country. There may have been many issues regarding claims on territories such as seas, the government of each state will be there to protect the rights of its country. The issue on the claiming of the west Philippine sea has been the most focused for the investigation on which country does the West Philippine Sea belongs to .There have also been incidents in the area like the sunken fishing boat which was very recent. Until now the issue on the west Philippine sea is being handled by the government . According to Gutierrez(2019), in her news article she stated that the president , Rodrigo Duterte said that he will still work and cooperate with the ASEAN member-states to have the full and effective implementation of the 2002 Declaration on the Conduct of Parties in the South China Sea.Although there are news that it seems like the president does not seem to care for the Filipino fishermen that was inside the sunken ship. Duterte seems to say that there was nothing to be concerned about it for there was no one among the twenty-two Filipino fishermen who died .The China which was the neighbouring country of the Philippines has been claiming the South China sea and the islands within it for years . They have claimed sovereignty on the sea for many reasons like their belief that the South China Sea belongs to China for centuries. And their so called nine-dash line which they drew on their map of China . The nine-dash line of China was a dash consisting nine lines drawn in the map of China claiming the boundaries covered or inside the red lines. As we ll know, every country has their Exclusive Economic Zone (EEZ) wherein each country owns the sea or territory within twelve to two hundred miles away from the country. And because some countries are near each other, there are overlapping claims. And so the government from other countries that are near each other must make agreements .