The bottom line

It is only a shallow portion of the sea or body of water where sand bars are formed and all kinds of fishes are usually found swimming in groups. But many say that it may also be rich in oil, gas and other natural resources. Whatever it is the bigger stake in the current standoff between Philippines and China over the Scarborough shoal, locally known as the Panatag Shoal is the supremacy of the law of nations and the rights of a sovereign State duly recognized in a universally accepted Convention.

The Convention or Agreement involved here is the United Nations Convention on the Law of the Sea (UNCLOS) which recognizes the jurisdiction of the coastal State over all the resources — fish or oil, gas or other minerals like sulphur or gravel found in the waters, on the ocean floor and in the subsoil of an area extending 200 nautical miles from its shore (Article 58). This area is known as the Exclusive Economic Zone (EEZ) where the coastal State is given the exclusive right to exploit, develop, manage and conserve all the resources therein found.

It has already been long established and universally accepted that the Scarborough or Panatag Shoals involved in the raging controversy is located at a distance of 200 kilometers or 124 nautical miles from the coasts of Luzon Island particularly of the Zambales Province. This is a geographic reality that no country, specifically China, can deny. Hence it is definitely an economic zone exclusively pertaining to the Philippines as provided by the above mentioned Convention.

Indeed China’s only basis in claiming jurisdiction over the area is that it is allegedly located in the sea that has been identified in the world map as the South China Sea. But that is only a name given to those parts of the sea that are not included in the EEZ, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State. These portions of the sea are called the “High Seas” and they are open to all States, whether coastal or land-locked (Article 87). Indeed, pursuant to Article 89 of the same Convention, “No State may validly purport to subject any part of the high seas to its sovereignty”.

So China’s claim over the Scarborough or Panatag shoals, even if it is located in South China Sea, is clearly without legal basis. Firstly because it is already included within the EEZ of the Philippines, and secondly because even if it is not included in the EEZ, it is contrary to the above cited Article 89 of the UNCLOS since it is already part of the high seas.

To be sure, it cannot also be said that the Chinese government knew or even sanctioned from the start, the fishing expedition of its fishermen on board the eight (8) fishing vessels caught within the Philippines’ EEZ poaching all sorts of fishes even including endangered species. But its actions of sending three civilian maritime vessels to protect those fishermen after they were accosted by our Philippine Navy undoubtedly show that it is sanctioning their illegal acts of intruding and exploiting the marine resources in an area designated by International Law as within our exclusive jurisdiction. From that moment on, we have more than enough reasons to protect the area and to protest the Chinese government moves preventing our government from asserting its rights. International law is on our side.

Unfortunately, the Chinese government thinks otherwise. Instead of immediately apologizing for the illegal acts of its citizens and asking our government to release them into its custody after their loots are confiscated, the Chinese government tried to protect them by sending three maritime vessels which are allegedly civilian ships. In fact three of the eight Chinese fishing boats have reportedly left the shoal last Friday. This indeed made the confrontation more tension filled.

In this confrontation, the law is definitely on our side. Our problem however is on how to enforce that law and assert our rights as a sovereign State especially when we are obviously not a super power nation. But even if we are a super power country or even if we have brave people willing to fight to the very end to protect our sovereignty, the use of force is still out of the question. As a member of the international community we should exhaust all peaceful means to end this unfortunate impasse. Hence we should continue the on-going negotiations through diplomatic channels. As they say, discretion is the better part of valor. Hopefully China also thinks so.

In this negotiation, there is one aspect where we should be firm and uncompromising even if we are confronting a country supposedly more superior to us militarily, politically or economically. We should not compromise the law that is on our side. So we should convince the Chinese government to be the first one to leave the shoals. It should order the withdrawal of the three maritime vessels and the eight fishing boats to surrender the illegally harvested giant clams, coral and baby sharks and then likewise leave the zone.

The latest developments however are still confusing. Both sides seem to have made some progress by temporarily setting aside their protests and exploring all avenues to arrive at a win-win solution. But after last Friday evening talks between DFA Secretary Del Rosario and Chinese Ambassador Ma Keqing, the eight fishing vessels left without surrendering their loot. And the worst part is that two Chinese maritime vessels remain in the area and a Chinese plane even conducted a “fly-by” operation. One Chinese vessel even harassed a Philippine registered vessel conducting scientific study in the zone.

And so the tension-filled stalemate continues. Hopefully talks will not collapse. The bottom line however is that we should not be the first one to leave the place. If the Chinese remain adamant, the matter perhaps can be brought to the International Court of Justice.

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