Protection of endangered species in disputed waters: Justifying the protective measures of the Philippines under international law

• Main Authors: Penafiel, Wendy Angeline A., Torres, Korina D.
• Format: text
• Language: English
• Published: Animo Repository 2015
• Subjects: Contiguous zones (Law of the sea) > Philippines; Territorial waters > Philippines; Endangered species > Protection > Law and legislation > Philippines; Economic zones (Law of the sea) > Philippines; Law of the Sea
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5599
• Institution: De La Salle University

With the on-going territorial dispute, the subsistence of endangered sea turtles in the Hasa-Hasa Shoal is being put at risk. This Shoal, located 60 nautical miles from Palawan, is well within the exclusive economic zone (EEZ) of the Philippines. There have been numerous cases of poaching in the said area that involved Chinese nationals. In the recent case in May 2014, 11 Chinese fishermen, together with approximately 500 endangered sea turtles, were seized by the Philippine National Police. The endangered species were green marine and hawksbill turtles, which are listed as endangered and critically endangered by the International Union for the Conservation of Nature (IUCN), respectively. Because of this poaching incident, the tension between China and the Philippines has escalated. This research seeks to identify whether there has been an infringement of rights and obligations by either of the states. Also it aims to identify the legal remedies that maybe undertaken in order to uphold the international environmental obligation amidst the territorial dispute. The study looked into the different sources of international law to justify the protective measures of the Philippines towards the endangered species.