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    Reaction Paper On West Philippine Sea Dispute

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    Jayrold Balageo Madarang
    1) The document discusses a reaction paper about a lecture given by Justice Antonio Carpio on the South China Sea dispute. 2) Justice Carpio emphasized that the Philippines has sovereign rights over its territorial sea, exclusive economic zone, and resources based on the United Nations Convention on the Law of the Sea. 3) The Permanent Court of Arbitration in The Hague ruled against China's claims in the South China Sea, rejecting the nine-dashed line and finding that China had violated its obligations.

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    Reaction Paper On West Philippine Sea Dispute

    Uploaded by

    Jayrold Balageo Madarang
    12K views2 pages
    1) The document discusses a reaction paper about a lecture given by Justice Antonio Carpio on the South China Sea dispute. 2) Justice Carpio emphasized that the Philippines has sovereign rights over its territorial sea, exclusive economic zone, and resources based on the United Nations Convention on the Law of the Sea. 3) The Permanent Court of Arbitration in The Hague ruled against China's claims in the South China Sea, rejecting the nine-dashed line and finding that China had violated its obligations.

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    My position on the West Philippine Sea Dispute "We must act now"

    Original Title

    Reaction Paper on West Philippine Sea Dispute

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    1) The document discusses a reaction paper about a lecture given by Justice Antonio Carpio on the South China Sea dispute. 2) Justice Carpio emphasized that the Philippines has sovereign rights over its territorial sea, exclusive economic zone, and resources based on the United Nations Convention on the Law of the Sea. 3) The Permanent Court of Arbitration in The Hague ruled against China's claims in the South China Sea, rejecting the nine-dashed line and finding that China had violated its obligations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    12K views2 pages

    Reaction Paper On West Philippine Sea Dispute

    Uploaded by

    Jayrold Balageo Madarang
    1) The document discusses a reaction paper about a lecture given by Justice Antonio Carpio on the South China Sea dispute. 2) Justice Carpio emphasized that the Philippines has sovereign rights over its territorial sea, exclusive economic zone, and resources based on the United Nations Convention on the Law of the Sea. 3) The Permanent Court of Arbitration in The Hague ruled against China's claims in the South China Sea, rejecting the nine-dashed line and finding that China had violated its obligations.

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    MADARANG, JAYROLD B

    REACTION PAPER NO 1. Final Arbitral Award (The South China Sea/West


    Philippine Sea Dispute by Justice Antonio T Carpio

    Sailors on a Shipwrecked

    The Montivideo Convention of 1933 codifies the elements needed in order to

    have a sovereign state. These elements include permanent population, defined

    territorial boundaries, government and ability to enter into agreements with other

    states. Applying this principle on the Philippines claim over the West Philippine Sea,

    an apprentice of constitutional law may conclude that the country cannot exercise its

    sovereignty over its territorial boundaries particularly the Kalayaan Group of Islands

    which harbor thirty percent of the worlds marine biodiversity. In addition, the islands,

    though technically they are not considered islands during high tide, Justice Carpio

    asserts that the 200 NM EEZ comprises of the famous Scarborough Shoal, Mischief

    reef and Subi Reef, Mckennan, Ito Abba and many more. Seven of these reefs were

    occupied by China. Prior to the latters occupation of these reefs and islands which

    are just situated within the Philippine territory, dredging activities were done to give

    way for artificial islands in exchange for the destruction of massive marine life

    including the colossal coral reefs. This is worse than a crime against nature, a threat

    to the sovereignty of the Philippines and a greedy act impugning the rights of other

    claimants like Malaysia, Vietnam, Indonesia and many more. The lecture of Justice

    Carpio emphasizes three important elements that are covered in Constitutional Law

    by Atty Liberan. These pertain to the maritime and fluvial jurisdiction of the

    Philippines on its territorial sea, exclusive economic zone and the high seas. It is

    very clear that Philippines has the sovereign right to utilize whatever resources are

    present in its territorial and economic zone as stipulated in the UNCLOS. Justice
    Carpio opined that the main issue resolved by the tribunal is the rejection of Chinas

    nine-dashed lines which cannot be the basis of for claiming maritime zones, it is

    illegal under UNCLOS and that all historic rights in the EEZ were extinguished upon

    affectivity of the UNCLOS. Furthermore, the tribunal ruled out that there was no

    evidence of China exercising historic control over the waters and resources of South

    China Sea. The tribunal upheld the Philippine position on the issue. The decision

    does not grant the Philippines the authority to exercise ownership of its EEZ which

    has an area of 381, 000 square kilometers but granted the authority to exploit the

    resources of its EEZ in the South China Sea.

    In response to the greedy giants wanton destruction of the Spratlys just to

    sustain its economic, military and political interests, the tribunal ruled out that China

    violated its obligation not to aggravate the dispute during the arbitration when it

    dredged the reefs, built the islands and destroyed the natural condition of the

    geologic features in the Spratlys. Lastly, China violated its obligation to observe

    maritime safety when Chinese coast guard vessels crossed the path of Philippine

    fishing vessels at high speed.

    As a student of Constitutional Law and a citizen of this nation, I am one with

    Justice Carpio in his quest to denounce that Chinas presence in the Philippine EEZ

    is a serious threat to our sovereignty. It bears a life-long impact on our economy,

    social life, international relations, military affairs and politics. I will exclaim, go home

    Chinese sailors, the high seas, islands and reefs are not yours, and they are too

    precious for the human race to explore, to share and to protect because they are the

    masterpieces of the omniscient being, the just constitutionalist and ruler.

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