- 2 days ago
Look deeper. Think better. Go beyond the headlines.
A decade after the landmark 2016 Arbitral Award, why does the ruling still matter today?
In this episode of Beyond the Headlines, we unpack what the Hague tribunal actually decided, why it rejected China's "nine-dash line," and what the ruling means for the Philippines' rights in the West Philippine Sea under international law. We also examine the recent discussions surrounding Batanes and explain how territorial sovereignty differs from maritime rights under UNCLOS.
Join us as we separate legal facts from common misconceptions and explore why these issues continue to shape the Philippines' national interests.
A decade after the landmark 2016 Arbitral Award, why does the ruling still matter today?
In this episode of Beyond the Headlines, we unpack what the Hague tribunal actually decided, why it rejected China's "nine-dash line," and what the ruling means for the Philippines' rights in the West Philippine Sea under international law. We also examine the recent discussions surrounding Batanes and explain how territorial sovereignty differs from maritime rights under UNCLOS.
Join us as we separate legal facts from common misconceptions and explore why these issues continue to shape the Philippines' national interests.
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01:00One cup at a time.
01:02Your perfect latte is ready.
01:04Coffee first, then everything else.
01:09Good afternoon and welcome to Beyond the Headlines, where we look deeper and think better.
01:15I'm DJ Moises, and today's conversation is brought to us by Coffee First.
01:19As the Philippines commemorates the 10th anniversary of the landmark July 12, 2016 Arbitral Award, it is important to understand
01:30what the ruling actually decided and what it did not.
01:34The Arbitral Tribunal did not determine who owns the islands or reefs in the South China Sea.
01:43Questions of territorial sovereignty were outside its jurisdiction under the United Nations Convention on the Law of the Sea or
01:52Un Clause.
01:53Instead, the tribunal clarified the maritime rights that states may claim from these features.
02:01A key finding was that none of the disputed features in the Spratly Islands qualify as full islands because none
02:10can naturally sustain a stable human community in an independent or an independent economic life.
02:18Consequently, none are entitled to generate a 200 nautical mile exclusive economic zone, or EEZ.
02:28Most were found to be legally either rocks, which may generate only a 12 nautical mile territorial sea, or low
02:37tide elevations, which generally does not generate maritime zones of their own.
02:44This significantly reduced overlapping maritime claims in the South China Sea.
02:51Without valid EEZs generated from those features, maritime entitlements must instead be measured from the coastlines of the surrounding states
03:02in accordance with UN Clause.
03:05The tribunal also ruled that China's nine-dash line has no legal basis under UN Clause.
03:12It held that any historic rights claimed within that line are incompatible with the Convention.
03:20As a result, maritime rights in the South China Sea must be determined by UN Clause rather than by broad
03:28historical assertions.
03:30The case involves several prominent features in what the Philippines refers to as the West Philippine Sea, including Scarborough Shawl,
03:41Mischief Reef, Ayungin Shawl, Subi Reef, Kagitingan Reef, and Reed Bank, among others.
03:50Applying these principles, the tribunal found that these areas fall within the Philippines' 200 nautical mile EEZ.
04:01Within this zone, the Philippines has exclusive sovereign rights to explore for oil, gas, fish, conduct marine scientific research, and
04:12develop natural resources.
04:14These are sovereign rights over resources, not ownership of disputed islands.
04:23The recent discussion surrounding Batanes illustrates a separate but related issue.
04:29Earlier this month, several Chinese scholars argued during an academic forum that Batanes should belong to China because of its
04:39proximity to Taiwan and China's claim over Taiwan.
04:43These statements were not an official position of the Chinese government, but they drew strong reactions from Philippine officials because
04:53of Batanes' strategic location in the Luzon Strait, one of the world's most important maritime passages.
05:00The Philippine government rejected the scholars' assertion, emphasizing that Batanes has long been part of Philippine territory through centuries of
05:10continuous administration and international recognition.
05:14Unlike the South China Sea arbitration, which dealt with maritime rights under UNCLOS, the Batanes' discussion concerns territorial sovereignty over
05:27land, a matter governed by different principles of international law.
05:33Taken together, these developments underscore an important distinction.
05:40The 2016 Arbitral Award clarified where the Philippines may lawfully exercise sovereign rights over maritime resources under UNCLOS, while the
05:52Batanes' issue concerns who possesses sovereignty over territory.
05:57Although these are separate legal questions, both highlight the continuing importance of international law, historical evidence, and the peaceful resolution
06:10of disputes in safeguarding the Philippines' national interests.
06:16So like what we covered last week, I'm not exactly a lawyer, but I will do my best to make
06:25a commentary that's also sound, because the value that we are advancing here in Beyond the Headlines is we also
06:32represent the perspective of everyday Filipinos.
06:39So first, as mentioned in the intro, that July 12, 2016, the landmark victory of the Philippines was really legit,
06:51no?
06:52But perhaps it's not exactly what many Filipinos think it is.
06:58So that's why we would like to clarify that today.
07:01So the Arbitral Tribunal did not declare that the Philippines owns the South China Sea or the disputed islands.
07:20Instead, what the tribunal clarified is that it's about maritime rights under the United Nations Convention.
07:31So it's about maritime rights under the United Nations Convention on the sea, law of the sea, or UNCLOS.
07:35So what does that actually mean?
07:38What it is clear is the line between sovereignty and maritime rights, no?
07:46Sovereignty and maritime rights.
07:49Who owns the island is one legal question.
07:54What maritime zones that island can generate is another.
07:59So island, maritime zone, no?
08:02So what the tribunal actually ruled is the maritime zone.
08:09Sige.
08:09So let me clarify that further.
08:12So the tribunal did not rule that, as stated, the Philippines owns the South China Sea
08:20or that the Philippines owns the Spratly Islands, no?
08:25Or that China should surrender any of the islands, no?
08:29Or that China or the Philippines has sovereignty over the disputed land features, no?
08:37Because these matters are outside UNCLOS, no?
08:43Which only govern maritime rights, not territorial disputes, no?
08:50So let me clarify that then.
08:54Sige man tagmakadungog ka ron sa kaning nine dash lines, no?
08:58That China would legally claim, no?
09:01Because China would actually say that it has its historic rights over most of South China Sea
09:09using the nine dash line, which encloses about 80% to 90% of the sea, no?
09:17But the Philippines has sovereign rights, not sovereignty.
09:23Because, sige.
09:25Sige.
09:26Sige.
09:26So when we say sovereign rights, what does that entail, no?
09:32So if the Philippines has sovereign rights but not sovereignty, what it actually means is that
09:40the Philippines has exclusive sovereign rights to explore oil and natural gases, for example,
09:47fish and manage fisheries, build offshore energy facilities, conduct maritime scientific research,
09:57authorize, or deny economic activities by other states, meaning the Philippines can actually authorize
10:05or deny activities such as fishing, no?
10:08That's happening within its EEZ, no?
10:11So these are called sovereign rights because they relate specifically to the use and management
10:18of the natural resources.
10:21And this is different from sovereignty.
10:23Because sovereignty actually refers to full ownership and governmental authority over the land, no?
10:32So, a simple analogy na lang.
10:34Sige.
10:35So, imagine a neighboring farm.
10:38Ang sovereignty actually determines kinsay tag-iya sa land.
10:43Ang sovereign rights, mo'y naay legal rights to harvest crops, drill, or well, or mine minerals
10:52in a designated area, no?
10:54So, I hope clear na for us kung sa'y difference between sovereignty and sovereign rights.
11:01Ang Philippines was not granted sovereignty.
11:04Ang Philippines was actually granted sovereign rights, no?
11:10So, atong iikuan kung unsa de ang kanang sovereign rights na to or any country for that matter.
11:17So, every coastal nation, like the Philippines, entitled ta for an exclusive economic zone, no?
11:25Which extends 200 nautical miles from its coastline.
11:29So, kung mao ni Philippines, natay ka nang naka-extend ni ha nga territorial sea, no?
11:34And then, naka-extend na siya, each nation under its own clause, has a 200 nautical mile
11:43kinang sovereign rights on the sea around it, no?
11:48So, what does that mean actually?
11:52Well, the Philippines does not necessarily, as of this time, own the islands, not even China, no?
11:58But any economic activity within the 200 nautical miles, that falls within the Philippines' exclusive economic zone, or EEZ.
12:10Now, nga nung wala man gi-validate sa un-clause ang katong nine-dash lines sa China?
12:16It's because katumanggong mga islands, they're actually not considered as kanang islands that can have an economic activity of its
12:29own.
12:30At the same time, kaning mga islands, di pod siya kanabit ang inhabited.
12:35A lot of them are rock formations, or kanang mo-surface lang during low tide.
12:40And kaning mga rock formations, the farthest nautical mile that they have, they can claim in terms of sovereign rights,
12:48is only about 12 nautical miles.
12:51Ong kaning mga sandbars, kaning mo-rise lang during low tide, wala gin ni sila'y exclusive economic zone.
12:59So, that means, because kaning mga islands in the West Philippine Sea, although the Philippines do not have sovereignty just
13:07yet,
13:08but because kaning mga islands are not inhabited, mga rock formations ni sila, without 200 kanang nautical mile ownership in
13:19terms of exclusive economic zone.
13:21So, that means, na-belong ni siya din sa overall coastal economic zone of the Philippines.
13:29I hope I'm making sense.
13:31So, that's why it's important for us to understand na while the islands are not necessarily owned by the Philippines,
13:36but because they do not have economic zones on its own, and because they fall within the Philippines' nautical, 200
13:44nautical mile economic zone,
13:47then tag-ia'ani is ang Philippines.
13:49So, again, what the tribunal actually declared is not necessarily ownership of the islands,
13:55but it's on the 200 nautical mile exclusive economic zone, sovereign right of the Philippines.
14:06And so, na-tanang economic activities din hi is exclusively for the Philippines.
14:11And the UNCLOS did not uphold historical claims from China.
14:17So, now let's cover, I hope clear na ta with that, no?
14:22So, we do not have just yet sovereignty, okay?
14:24That's not within the scope of UNCLOS, but we were granted sovereign rights to have exclusive economic zone on the
14:34sea,
14:35200 nautical miles from the coastline of the Philippines.
14:39And within that sea are these islands.
14:42So, now let's move to another controversy that emerged last week.
14:46Kay nakadungog na sandtang, there are claims regarding Batanes, no?
14:50Because Batanes, according to scholars, said that Batanes actually belongs to Taiwan,
14:58and because China has claims over Taiwan, so that means China also can claim rights, no?
15:05Or ownership of Batanes.
15:07Now, this is, I think, a different, no?
15:10This is not about the sea anymore.
15:13This is already about the land.
15:15So, that means this is a legal question that's no longer under UNCLOS.
15:21But ang China, as of this time, before kayo na to ma-blow out of proportion,
15:26there is no official position by China or Beijing just yet on the matter.
15:32But the reason lang that our officials are expressing very strong opposition towards this academic presentation,
15:43it's actually because uninterrupted mangyod, no?
15:47And history and economics and continuity of operation would actually present that Batanes is part of the Philippines, no?
15:57So, in this case, the Philippines has sovereignty of the island, and the Philippines owns the island, no?
16:07So, in these two cases, then, that's why we tackled this in Beyond the Headlines, no?
16:12Even if I am not a lawyer, we are having this kind of conversation because it's important for us,
16:17as everyday Filipinos and Cebuanos to understand exactly the sovereign rights that we have in the West Philippine Sea
16:26and the sovereignty that we have in the island of Batanes, no?
16:32Because both issues actually reminds us of our national interest.
16:37And these interests should be protected, not only for diplomacy and defense, but also when all of us would understand
16:46a little bit, no?
16:47Or just enough, reasonably enough, about international laws, then we are also able to carry this in our everyday conversation.
16:56So, just in case you have further comments, or if you wish to also share your opinion about it, especially
17:05the lawyers who are watching,
17:07feel free to drop your comments or even your questions in the comment section.
17:11And even if the episode has already ended, we would do our best to answer them or engage in the
17:18conversation.
17:18So, the 2016 Arbitral Award remains one of the strongest legal foundations supporting the Philippines' rights in the West Philippine
17:30Sea.
17:31And the recent discussion on Batanes reminds us that sovereignty and maritime rights are distinct concepts,
17:39both vital, both worth protecting, and both best defended through rule-based international order.
17:47The West Philippine Sea and Batanes are not just foreign policy issues.
17:52They are food security issues, energy security issues, economic issue, and ultimately, they are Filipino issues.
18:02And headlines tell us what happens, understanding tells us why it matters.
18:08So, I'm DJ Moises, this has been Beyond the Headlines, and we would like to thank Coffee First for supporting
18:14conversations such as today.
18:16Have a good week ahead, and have a good afternoon.
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18:51Then, everything else.
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