Foreign Affairs Secretary Albert F. del Rosario today said that Chinas' 9-dash line claim to the whole of the West Philippine Sea (WPS or South China Sea) is the "crux of the problem" that poses a stumbling bloc to the resolution of disputes in the WPS, on the basis of international law, specifically the United Nations Convention on the Law of the Sea or UNCLOS.
In today's forum on "The Spratly Islands Issue: Perspectives and Policy Responses" at the Ateneo de Manila University, Secretary del Rosario also said that "the Philippines has invited China to join us in seeking recourse to the International Tribunal on the Law of the Sea (ITLOS) or other dispute settlement mechanisms."
The DFA chief stressed: "The Philippines contends that the 9-dash claim of China is, to put it plainly, illegal. It is arbitrary and bereft of any basis or validity under international law, specifically the UNCLOS."
Secretary del Rosario narrated that when the Philippines protested against China's several acts of intrusions before the United Nations, China's response was no such intrusions occurred since China has full sovereign rights over the whole WPS due to its 9-dash line claim.
The Foreign Affairs Secretary maintains that such intrusions happened within 85 nautical miles from the nearest Philippine island of Palawan, well within our country's 200 nautical mile Exclusive Economic Zone (EEZ), and where the Philippines exercises full sovereign rights, as provided by UNLCOS.
Secretary del Rosario added: "If left unchallenged, China's baseless 9-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."
While welcoming the recent adoption of Implementing Guidelines to the 2002 Declaration on the Conduct of Parties to the South China Sea or DOC, Secretary del Rosario said that "the 9-dash line claim, nine years after the adoption of the DOC, presents a game changer."
He asked: "How can we expect conduct from a party which claims full sovereignty over everything?"
The 9-dash line, also known as the 9-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 United Nations only on 07 May 2009.
"In advancing the preventive diplomacy solution advocated by the ASEAN Regional Forum (ARF)," Secretary del Rosario disclosed 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 9-dash line to validation, in accordance with UNCLOS," Secretary del Rosario elaborated.
The framework is the Philippines' proposed ASEAN Zone of Peace, Freedom, Friendship and Cooperation, or ZoPFFC. Under the ZoPFFC, the Philippines proposes that the disputed relevant features in the West Philippine Sea be segregated from the undisputed waters in accordance with international law, specifically the UNCLOS. The undisputed areas could be transformed into areas for joint cooperation and development.
Posing a challenge to all claimant-countries, Secretary del Rosario declared: "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 emphasized that "a rules-based approach is the only legitimate way in addressing disputes in the WPS."
In today's forum on "The Spratly Islands Issue: Perspectives and Policy Responses" at the Ateneo de Manila University, Secretary del Rosario also said that "the Philippines has invited China to join us in seeking recourse to the International Tribunal on the Law of the Sea (ITLOS) or other dispute settlement mechanisms."
The DFA chief stressed: "The Philippines contends that the 9-dash claim of China is, to put it plainly, illegal. It is arbitrary and bereft of any basis or validity under international law, specifically the UNCLOS."
Secretary del Rosario narrated that when the Philippines protested against China's several acts of intrusions before the United Nations, China's response was no such intrusions occurred since China has full sovereign rights over the whole WPS due to its 9-dash line claim.
The Foreign Affairs Secretary maintains that such intrusions happened within 85 nautical miles from the nearest Philippine island of Palawan, well within our country's 200 nautical mile Exclusive Economic Zone (EEZ), and where the Philippines exercises full sovereign rights, as provided by UNLCOS.
Secretary del Rosario added: "If left unchallenged, China's baseless 9-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."
While welcoming the recent adoption of Implementing Guidelines to the 2002 Declaration on the Conduct of Parties to the South China Sea or DOC, Secretary del Rosario said that "the 9-dash line claim, nine years after the adoption of the DOC, presents a game changer."
He asked: "How can we expect conduct from a party which claims full sovereignty over everything?"
The 9-dash line, also known as the 9-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 United Nations only on 07 May 2009.
"In advancing the preventive diplomacy solution advocated by the ASEAN Regional Forum (ARF)," Secretary del Rosario disclosed 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 9-dash line to validation, in accordance with UNCLOS," Secretary del Rosario elaborated.
The framework is the Philippines' proposed ASEAN Zone of Peace, Freedom, Friendship and Cooperation, or ZoPFFC. Under the ZoPFFC, the Philippines proposes that the disputed relevant features in the West Philippine Sea be segregated from the undisputed waters in accordance with international law, specifically the UNCLOS. The undisputed areas could be transformed into areas for joint cooperation and development.
Posing a challenge to all claimant-countries, Secretary del Rosario declared: "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 emphasized that "a rules-based approach is the only legitimate way in addressing disputes in the WPS."
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