'China's 9-dash line claim to West Phl Sea a stumbling block'

MANILA, Philippines - China’s nine-dash line claim to almost all of the West Philippine Sea (South China Sea) is the “crux of the problem” that poses a stumbling block to the resolution of disputes in the region, Foreign Affairs Secretary Albert del Rosario said yesterday.

Del Rosario told a forum at the Ateneo de Manila University that China’s claim that was based on connecting nine points in the sea virtually swallowed the whole region under its ownership.

“The Philippines contends that the nine-dash claim of China is, to put it plainly, illegal. It is arbitrary and bereft of any basis or validity under international law,” Del Rosario said.

He said the nine-dash claim made by China is in violation of the United Nations Convention on the Law of the Sea (UNCLOS).

In the forum “The Spratly Islands Issue: Perspectives and Policy Responses,” Del Rosario said the Philippines has invited China to join in seeking recourse on the issue before the International Tribunal on the Law of the Sea (ITLOS).

Del Rosario said that after the Philippines protested China’s several acts of intrusions before the United Nations, China responded by simply denying the intrusions and claiming it has full sovereign rights over the region asserting its nine-dash line claim.

Del Rosario maintained the intrusions occurred within 85 nautical miles from the nearest Philippine island of Palawan, well within our country’s 200 nautical mile Exclusive Economic Zone (EEZ).

He said the Philippines exercises full sovereign rights under the EEZ, as provided by UNLCOS.

“If left unchallenged, China’s baseless nine-dash line claim over the entire West Philippine Sea would not only adversely affect our sovereign rights and jurisdiction but could as well potentially threaten the freedom of navigation and unimpeded commerce of many other nations,” Del Rosario said.

While welcoming the recent adoption of Implementing Guidelines to the 2002 Declaration on the Conduct of Parties to the South China Sea (DOC), Del Rosario said that the nine-dash line claim, nine years after the adoption of the DOC, presents “a game changer.”

“How can we expect conduct from a party which claims full sovereignty over everything?” he asked.

The nine-dash line, also known as the nine-dotted line or the “ox tongue” line, represents the nine dashes that mark China’s claim to the entire West Philippine Sea, which China officially submitted to the UN only on May 7, 2009.

“In advancing the preventive diplomacy solution advocated by the ASEAN Regional Forum (ARF),” Del Rosario revealed that “the Philippines is advocating two avenues.”

“These are, first, a cooperative framework for managing the disputes that will be vetted by the ASEAN maritime legal experts scheduled to meet this September in Manila; and second, having other parties join the Philippines in subjecting China’s nine-dash line to validation, in accordance with UNCLOS,” he said.

The framework is the Philippines’ proposed ASEAN Zone of Peace, Freedom, Friendship and Cooperation (ZoPFFC).

Under the ZoPFFC, the Philippines proposes the disputed relevant features in the region should be segregated from the undisputed waters in accordance with UNCLOS.

The undisputed areas could be transformed into areas for joint cooperation and development.

“Our present advocacy means that all the parties must be prepared to have their respective claims brought before international tribunals, so that these could be validated,” he said.

Del Rosario emphasized that “a rules-based approach” is the only way to address disputes in the region.