MANILA, Philippines (Lead photo updated March 21, 2019, 6:51 p.m.) — At the heart of the Philippines's case against China are two arguments: the nine-dash line is invalid and none of the features in Spratlys Islands and Scarborough Shoal are islands.
Whether a feature is an island, a rock or a low-tide elevation decides if it has maritime entitlement or none at all.
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The Permanent Court of Arbitration (PCA) released its final and legally binding award on the case on Tuesday answering the 15 submissions made by Manila.
How did the tribunal rule on each argument?
(1) China’s maritime entitlements in the South China Sea may not extend beyond those permitted by the United Nations Convention on the Law of the Sea (UNCLOS)
The tribunal in its unanimous award said China's claims cannot extend beyond the limits imposed by the UNCLOS, which Beijing ratified in 1996.
(2) China’s claims to sovereign rights jurisdiction within the “nine--dash line” that exceed its entitlements under UNCLOS are invalid
The tribunal ruled that China’s claims to historic and sovereign rights within its “nine-dash line” are invalid. The tribunal said the claims are in conflict with the UNCLOS as they exceed the geographic and substantive limits of China’s maritime entitlements.
(3) Scarborough Shoal is a rock, therefore, generates no entitlement to an exclusive economic zone or continental shelf
Submissions 3 to 7 of the Philippines deals with the status of maritime features in the South China Sea. Manila asked the tribunal to decide whether a feature is a low-tide elevation, a rock or an island in accordance with the UNCLOS. The difference would decide if it merits maritime entitlement or none at all.
A low tide elevation, as suggested by its name, only appears during low tide. It has no maritime entitlement and cannot be occupied as a territory.
A rock, though visible even during high tide, cannot sustain habitation or economic life. It is allowed only a 12-nautical mile territorial sea and has no exclusive economic zone (EEZ) or continental shelf.
An island, meanwhile, generates an entitlement to an EEZ of 200 nautical miles and to a continental shelf. The state that owns the island has the sole right to explore and exploit natural resources — oil, gas and minerals — and biological resources within its EEZ, while other states can still enjoy the freedom of navigation and overflight.
The tribunal ruled that Scarborough Shoal is a rock. The tribunal also said that the UNCLOS classifies a feature on the basis of its natural condition referring to artificial islands built by China in the disputed waters.
(4) Mischief Reef, Second Thomas Shoal, and Subi Reef are low-tide elevations
The tribunal ruled the three are low-tide elevations.
(5) Mischief Reef and Second Thomas Shoal are part of the EEZ and continental shelf of the Philippines
The tribunal ruled that both Mischief Reef and Second Thomas Shoal are part of the EEZ and continental shelf of the Philippines as it is located within 200 nautical miles of the Philippines’s coast on the island of Palawan.
(6) Gaven Reef and McKennan Reef (including Hughes Reef) are low-tide elevations
The tribunal disagreed with the Philippines and declared the two features as rocks as they are naturally formed areas of land which are above water at high tide.
(7) Johnson Reef, Cuarteron Reef and Fiery Cross Reef are rocks
The tribunal agreed that Johnson Reef, Cuarteron Reef and Fiery Cross Reef are rocks.