The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea

The Arbitral Award of 12 July 2016 granted the Philippines exclusive rights over its EEZ in the West Philippine Sea, which initially had overlapping claims against China with its nine-dash-line. The UNCLOS, which was ratified by both China and the Philippines had served as the guidelines that the ar...

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Main Authors: Carandang, Rene Anton R, Biscocho, Abbie Patricia P., Hiceta, Alexis
Format: text
Language:English
Published: Animo Repository 2019
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Online Access:https://animorepository.dlsu.edu.ph/etdm_law/23
https://animorepository.dlsu.edu.ph/cgi/viewcontent.cgi?article=1033&context=etdm_law
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spelling oai:animorepository.dlsu.edu.ph:etdm_law-10332022-09-14T08:03:02Z The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea Carandang, Rene Anton R Biscocho, Abbie Patricia P. Hiceta, Alexis The Arbitral Award of 12 July 2016 granted the Philippines exclusive rights over its EEZ in the West Philippine Sea, which initially had overlapping claims against China with its nine-dash-line. The UNCLOS, which was ratified by both China and the Philippines had served as the guidelines that the arbitral tribunal used to determine which country had a legitimate claim. The Philippines’ rights over its EEZ was purely in line with the principles of the UNCLOS, while China tried to hold on to their claim of historical rights which had no basis, and were replaced by the UNCLOS when China ratified to such. With the award, the Philippines now has free reign over its EEZ which included the disputed Reed Bank where there is a plethora of natural resources. The Philippines comes with a new problem of how to take advantage of such resources and maintain the Philippine economy. As the most recent venture of the Philippines into natural resources, found in the Malampaya project, is almost depleted, the Philippines needs to begin another venture to maintain such flow of natural resources. This is where the join agreement with China comes in. The Philippine constitution requires that the Philippines maintain and support its territory, which included the EEZ. Having a joint development agreement, which China wishes to have with the Philippines, subverts this, as sovereign rights shall be given up to China in the process. With this, the alternative is to have a joint exploration agreement, which preserves the sovereign rights of the Philippines according to its Constitution, would seem to be the best option of the Philippines moving forward if any operations with China regarding the Reed Bank shall continue. 2019-04-01T07:00:00Z text application/pdf https://animorepository.dlsu.edu.ph/etdm_law/23 https://animorepository.dlsu.edu.ph/cgi/viewcontent.cgi?article=1033&context=etdm_law Law Master's Theses English Animo Repository Arbitration and award--Philippines Arbitration (Administrative law)--Philippines Arbitration agreements, Commercial--Philippines Conflict of laws—Arbitration and award--Philippines Malampalaya Project Dispute Resolution and Arbitration
institution De La Salle University
building De La Salle University Library
continent Asia
country Philippines
Philippines
content_provider De La Salle University Library
collection DLSU Institutional Repository
language English
topic Arbitration and award--Philippines
Arbitration (Administrative law)--Philippines
Arbitration agreements, Commercial--Philippines
Conflict of laws—Arbitration and award--Philippines
Malampalaya Project
Dispute Resolution and Arbitration
spellingShingle Arbitration and award--Philippines
Arbitration (Administrative law)--Philippines
Arbitration agreements, Commercial--Philippines
Conflict of laws—Arbitration and award--Philippines
Malampalaya Project
Dispute Resolution and Arbitration
Carandang, Rene Anton R
Biscocho, Abbie Patricia P.
Hiceta, Alexis
The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea
description The Arbitral Award of 12 July 2016 granted the Philippines exclusive rights over its EEZ in the West Philippine Sea, which initially had overlapping claims against China with its nine-dash-line. The UNCLOS, which was ratified by both China and the Philippines had served as the guidelines that the arbitral tribunal used to determine which country had a legitimate claim. The Philippines’ rights over its EEZ was purely in line with the principles of the UNCLOS, while China tried to hold on to their claim of historical rights which had no basis, and were replaced by the UNCLOS when China ratified to such. With the award, the Philippines now has free reign over its EEZ which included the disputed Reed Bank where there is a plethora of natural resources. The Philippines comes with a new problem of how to take advantage of such resources and maintain the Philippine economy. As the most recent venture of the Philippines into natural resources, found in the Malampaya project, is almost depleted, the Philippines needs to begin another venture to maintain such flow of natural resources. This is where the join agreement with China comes in. The Philippine constitution requires that the Philippines maintain and support its territory, which included the EEZ. Having a joint development agreement, which China wishes to have with the Philippines, subverts this, as sovereign rights shall be given up to China in the process. With this, the alternative is to have a joint exploration agreement, which preserves the sovereign rights of the Philippines according to its Constitution, would seem to be the best option of the Philippines moving forward if any operations with China regarding the Reed Bank shall continue.
format text
author Carandang, Rene Anton R
Biscocho, Abbie Patricia P.
Hiceta, Alexis
author_facet Carandang, Rene Anton R
Biscocho, Abbie Patricia P.
Hiceta, Alexis
author_sort Carandang, Rene Anton R
title The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea
title_short The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea
title_full The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea
title_fullStr The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea
title_full_unstemmed The Philippine-China arbitral case: Implication of July 12, 2016 decision on the proposed exploration agreement in the Western Philippine Sea
title_sort philippine-china arbitral case: implication of july 12, 2016 decision on the proposed exploration agreement in the western philippine sea
publisher Animo Repository
publishDate 2019
url https://animorepository.dlsu.edu.ph/etdm_law/23
https://animorepository.dlsu.edu.ph/cgi/viewcontent.cgi?article=1033&context=etdm_law
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