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.