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The Point of UNCLOS Over Philippine and China Dispute

News, Politics March 26, 2014

un_logoThe Philippines, China, Malaysia, Taiwan, Brunei and Vietnam are competing control over some areas in the South China Seas. Lately, people are hearing about Philippines and China dispute covering South China Sea. This case is believed to be settled through the binding arbitration of UNCLOS (United Nations Convention on the Law of the Sea).

UNCLOS permits the nations for claiming EEZ or Exclusive Economic Zone that expands 200 nautical miles away from the nation’s territorial sea. But UNCLOS is not the main reason regarding the China and Philippine dispute.However, the reason for the dispute between China and the Philippines is the maritime boundary.

Because South China Sea is occupied with hundreds of rocks and islets, the problem arises how they can separate the overlapping claims to the seas coming from the island claims. That is the reason why UNCLOS is getting involved with the dispute issues.

The problem with China and the Philippines is they do not both agreed over the issue on which rocks or island belongs to whom. UNCLOS is the suitable medium in assessing the extent of several claims of the seas and clearly define and accept claims of the territories.

Regarding the International Law, all nations have their rights for ratifying treaties by reservations and this is under the case of UNCLOS. No matter if Philippines or China ratified UNCLOS in full, the fact is only few nations that has been ratifying UNCLOS did without qualifying UCLOS declarations.

Philippines have the hopes of putting the bilateral dispute over China with regards to ownership of the islands and waters near the Philippine coasts according to international arbitration. The Philippines asked UNCLOS for adjudicating the validity of China’s nine-dash line to show what they claim as their jurisdiction. The result states that the claim has overlapped with the 200 miles economic exclusion zone of the Philippines. Up to this time, this issue is still under the case.

   

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