Professional Documents
Culture Documents
ARGUMENTS OF CHINA
Environment
• China’s construction projects have gone through
years of scientific assessments and rigorous
tests, and are subject to strict standards and
requirements of environmental protection.
• Such projects will not damage the ecological
environment of the South China Sea.
Protection Measures
• Minimizing the extent of the reclamation and dredging areas;
• Setting trash collecting screens;
• Timing construction reasonably, trying to avoid spawn periods
of red snapper, tuna, and bonito.
• Monitoring the change of grain size of sand sediments
regularly to maintain the water quality of coral reef areas;
• Reducing construction intensity during the peak of growth of
Nansha and Xisha coral reefs
• Monitoring the growth and health of coral reefs in construction
areas and indicators such as species in coral reef areas;
• Centrally collecting the waste water and solid waste produced
from life and construction to be sent for treatment at land
facilities of harbours;
• Using newer vessels to ensure no oil spill happens; listening to
weather and marine condition forecasts regularly.
ARGUMENTS OF THE PHILIPPINES
Damage to the Environment
• While the dispute was ongoing, china had
reclamation activities which irreversibly
damaged the marine environment in question
China’s “nine-dash YES: There is no legal basis for China to claim historic rights
line” claim is invalid to waters in the South China Sea (So, to the extent that is
to the extent it what the nine-dash line means, it is invalid”
exceeds the limits
established by PHILIPPINES WINS
UNCLOS
PHILIPPINES’ CLAIM MERITS RULING
PHILIPPINES WINS
Mischief Reef, Second Thomas Shoal, Yes: Mischief Reef, Second Thomas Shoal,
and Subi Reef are all LTEs that do not and Subi Reef are LTEs
generate territorial seas or EEZs, and
are not subject to appropriation PHILIPPINES WINS
PHILIPPINES’ CLAIM MERITS RULING
Mischief Reef and Second Thomas Shoal are part Yes: Mischief Reef and
of the Philippines’ EEZ and continental shelf Second Thomas Shoal are
part of the EEZ and
continental shelf of the
Philippines
PHILIPPINES WINS
Gaven Reef and McKennan Reef (including No: Both Gaven and
Hughes Reef) are LTEs that generate no maritime McKennan Reef are above
entitlements, but may be used to determine water at high tide; they are
baselines to measure territorial sea rocks that generate territorial
seas but no EEZ or
continental shelf
PHILIPPINES LOSE
PHILIPPINES’ MERITS RULING
CLAIM
Johnson Reef, Yes: Johnson Reef, Cuarterton Reef, and Fiery Cross
Cuarterton Reef, Reef are rocks that generate no EEZ or continental
and Fiery Cross shelf
Reef generate no
entitlements to EEZ PHILIPPINES WINS
or continental shelf
China has unlawfully Yes: Although there is no jurisdiction over disputes involving
aggravated and military activities such as the Second Thomas Shoal standoff,
extended the dispute by China has aggravated/extended the disputes through recent
interfering with the large-scale land reclamation and artificial island construction in
Philippines’ rights of the Philippine EEZ
navigation near
Scarborough Shoal, PHILIPPINES WINS
preventing the rotation
and resupply of
Philippine personnel
stationed at Second
Thomas Shoal, and
endangering the health
of the personnel there
PHILIPPINES’ MERITS RULING
CLAIM