Introduction

The maritime conflict between China and the Philippines has been ongoing for the past eight years—six under President Rodrigo Duterte and the first two under President Ferdinand Marcos Jr. Central to this dispute is China’s claim to the nine-dash line, which covers 3 million km² of the 3.5 million km² surface area of the South China Sea, or 86% of the entire area. On May 7, 2009, China presented this map to the United Nations. However, the dashes had no set coordinates, and China could not explain their legal basis, leading to protests from numerous countries, including Malaysia, Indonesia, Vietnam, and the Philippines.

This disagreement has recently gotten worse due to events such as the Philippines removing a floating barrier close to Scarborough Shoal and deploying its Coast Guard in the midst of increased activity by the Chinese Maritime Militia (CMM) near Julian Felipe Reef. 

List of Acronyms

1. UNCLOS – United Nations Convention on the Law of the Sea
2. PCA – Permanent Court of Arbitration
3. CCG – Chinese Coast Guard
4. CMM – Chinese Maritime Militia
5. PCG – Philippine Coast Guard
6. EEZ – Exclusive Economic Zone

West Philippine Sea

As per Section 29 of Administrative Order No. As of 2012, the waters surrounding, inside, and next to the Kalayaan Island Group (KIG), Bajo de Masinloc (Scarborough Shoal), and the Luzon Sea are all considered to be part of the West Philippine Sea.

South China Sea

Situated in the western Pacific Ocean, the South China Sea is a semi-enclosed sea. It is located to the east of Vietnam, to the west of the Philippines, to the south of China, and the north of Malaysia, Brunei, Singapore, and Indonesia. 

History

1. Late 90’s

   When China built military installations and a radar structure on Subi Reef in 1988, it took control of the reef from the Philippines, sparking the start of a conflict between the two nations. 

   China also constructed several octagonal houses on Mischief Reef (Panganiban) in February 1995. Beijing received a diplomatic complaint from the Ramos administration. The Chinese Foreign Ministry initially refuted reports that there were buildings on the reef. Later on, they stated that the local fishing authorities had approved their construction as Chinese fishermen’s shelters and that Filipino fishermen would eventually be permitted to utilize the facilities.

   The United Nations Convention on the Law of the Sea (UNCLOS) declared both of these incidents to be illegal. According to UNCLOS, only the Philippines is permitted to use Subi and Mischief Reefs’s natural resources, build structures, or even turn the reefs into artificial islands. 

2. 2011

   The conflict between these countries rose again after the Chinese warship Dongguan fired three shots at the vessels F/V Jaime DLS, F/V Mama Lydia DLS and F/V Maricris 12, who were fishing in Quirino, or Jackson atoll, a Philippine-claimed islet off Palawan, in February 2011.

   As per the Armed Forces of the Philippines, the fishing vessels received a radio warning from the Chinese warship stating, “You are in Chinese territory. Leave the area immediately… I will shoot you.”

   The fishing boats started to pull away, but the naval ship still fired three shots that landed 0.3 nautical miles (556 meters) away from the F/V Maricris 12. The same fishing boat came back to the location three days later to retrieve an anchor that had come loose earlier that week. Upon arrival, the crews of F/V Maricris 12 saw three Chinese fishing boats exploiting local marine resources.

   In March of the same year, two Chinese boats chased away a Philippine seismic survey ship near the Spratly Islands. 

   The Philippines later invited bids for the exploration of Area 3 and Area 4 in the Reed Bank, an area still included in the Philippines’ exclusive economic zone (EEZ). China objected on July 4 and demanded that the Philippines “refrain from any action that infringes on China’s sovereignty and sovereign rights.”

   On October 20, the Philippine Navy issued an apology to China after one of its warships accidentally rammed a Chinese fishing boat in the disputed Reed Bank.

3. 2012 – The Scarborough Shoal Standoff

   On April 8, 2012, the Philippine Navy spotted eight Chinese fishing vessels anchored in the waters of the Scarborough Shoal, while on April 11, a Philippine surveillance aircraft identified Chinese fishing vessels at the shoal. Due to these, the Philippine Navy deployed its largest warship BRP Gregorio Del Pilar to the area. In response, China sent surveillance ships to warn the Philippine Navy to leave the area, claimed by both countries, prompting a standoff. The Philippines later withdrew BRP Gregorio del Pilar; however, the standoff persisted, as China dispatched a third vessel to the area.

   Chinese fishing boats and a marine survey ship departed the shoal on the 14th day of the same month, allegedly carrying illicitly harvested endangered species.

   China also erected barriers to the access site to the Scarborough Shoal lagoon in the South China Sea in July of that same year, preventing Philippine ships and fishing vessels from entering.

   Administrative Order No. 29 was enacted on September 5 by former President Benigno S. Aquino III. This ordered the official use of “West Philippine Sea” to refer to maritime areas surrounding territories claimed by the Philippines.

4. 2013 – The Atribation Case

   The Philippines sought out the International Tribunal for the Law of the Sea (ITLOS) over its territorial dispute with China. On January 22, 2013, the Philippines decided to submit the maritime dispute to Annex VII arbitration under the UNCLOS. The Philippines requested that the tribunal rule China’s claims to be “invalid” and that the aforementioned maritime zones adhere to UNCLOS. However, on February 19, China turned down the Philippines’ request for arbitration to settle its territorial dispute in the area. 

   Around May, approximately thirty Chinese fishing vessels, comprising three Chinese government ships, were observed for over a week at Ayungin Shoal, located in the Kalayaan Island Group off the coast of Palawan.

   China published an updated official map of the country on June 7th, which included an additional dash on Taiwan’s eastern border. China asserts that the ten-dash lines on this map represent its “national boundaries,” once more not justifying the form of legalese or specific dash coordinates.

5. 2014 – Growing Dispute

   Using water cannons, the Chinese Coast Guard attempted to push the Filipino fishing vessels away on January 27. The Chinese Coast Guard then drove two Philippine ships off Ayungin Shoal in the Spratly group of islands on March 10.

   After two of China’s ships harassed a Philippine vessel near the disputed Ayungin Shoal, the Philippines fought back on March 29. The Philippines filed a 4,000-page memorial or pleading with the Permanent Court of Arbitration in The Hague the following day in support of its lawsuit against China. China refused to submit a counter-memorial to the tribunal’s request.

   On April 28, the Philippines and the US signed the Enhanced Defense Cooperation Agreement (EDCA), which permits the US to deploy military supplies and increase the “rotational presence” of US personnel at Philippine military stations over a ten-year term.

   On May 6, the Philippines openly accused China of conducting reclamation work purportedly done to get ready for the building of an airfield on Johnson South Reef, and charged 11 Chinese fishermen who had been caught for unlawful poaching.  Then, on the 15th, images of China’s allegedly “destabilizing” actions in the West Philippine Sea—which included the building of an airfield on the Johnson Reef—were made public by the Philippines.

   On the third day of June, China was given a deadline of December 15 of the same year to reply to the complaint that was brought by the Philippines by the arbitral tribunal resolving their maritime conflict.

   China charged the Philippines on December 7 of breaking and abusing international law by bringing a lawsuit that was denied on technical grounds. Beijing claimed that the 1982 UNCLOS did not apply to the case because it is essentially about territorial sovereignty. The Philippines, on the other hand, claimed that the arbitration case dealt with a marine dispute rather than a territorial dispute. It is requesting that the tribunal classify maritime features in the sea as “rocks,” not islands.

   According to UNCLOS, islands and land grant a state an EEZ of 200 nautical miles, wherein it can exploit resources such as fish, oil, and gas. Rocks, on the other hand, do not grant an entitlement of more than 12 miles. The Philippines requested that the tribunal rule that China had unlawfully occupied and exploited the features and resources inside its EEZ. Additionally, it requested that Beijing cease these “illegal activities” from the arbitrators.

6. 2015

   The Permanent Court of Arbitration (PCA) in The Hague dismissed China’s strongest counterargument against the Philippines on October 29. China claimed that the PCA tribunal lacked jurisdiction to consider the Philippines’ case. On November 24, however, China reiterated that it will not conform to a South China Sea judicial arbitration.

7. The 2016 Arbitral Agreement
   

   Five local bases—Antonio Bautista Air Base in Palawan, Basa Air Base in Pampanga, Fort Magsaysay in Nueva Ecija, Lumbia Air Base in Cagayan de Oro, and Mactan-Benito Ebuen Air Base in Cebu—were agreed upon by the United States and the Philippines on March 19, 2016. These bases will allow US troops to construct facilities. Additionally, the US escalated its presence in the South China Sea on April 14 by launching joint naval patrols with the Philippines, accusing Beijing of “militarizing” the area.

   The PCA announced on June 29 that it will release its verdict on July 12. However, China soon replied on June 30 that it would not accept any ruling that the PCA released.

   The PCA declares that the Philippines has won its maritime lawsuit against China, with an arbitral tribunal favoring the Philippines. The PCA ruling stated that China’s Nine-Dash Line territorial claims were not legally supported; China violated the Philippines’ territorial integrity, and China’s reclamation activities in the disputed area violated international environmental law. China has since rejected the ruling and continued claiming territorial rights in the area.

Current Events

The PCG claimed that China had erected a floating barrier near Scarborough Shoal, which the Philippines demolished in September 2023. According to the PCG, several Filipino fishermen in the region were allegedly called out and harassed by the CCG. Due to an apparent rise in CMM activity, the PCG sent two ships to the Whitson Reef in December. Following an incident in which a CMM warship allegedly rammed and sprayed water cannons at a boat carrying General Romeo Brawner, the Philippine Chief of Staff of the Armed Forces, the Philippines also summoned the Chinese ambassador to the country.  The CCG denied these claims.

And now, midway through 2024, Seaman First Class Jeffrey Facundo of the Philippine Navy lost his finger after the Chinese RHIB (rigid hull inflatable boat) rammed their vessel on June 17 at Ayungin Shoal. After this encounter, the Department of Foreign Affairs filed a diplomatic protest against China’s aggressive acts. And now, on June 27, the Chinese RHIB, dubbed as “Monster Ship” for being the biggest ship in the world, has been spotted at the Scarborough Shoal.

The Call for “#AtinAngWestPhilippineSea”

The maritime conflict between the Philippines and China over the West Philippine Sea has been long and arduous, filled with skirmishes, diplomatic protests, and international arbitration. The hashtag #AtinAngWestPhilippineSea has emerged as a rallying cry for Filipinos who demand the protection of their sovereign rights and maritime territories.

The incident involving Seaman First Class Jeffrey Facundo, who lost a finger after a Chinese RHIB rammed his vessel, highlights the human cost of this conflict. It serves as a stark reminder of the dangers faced by those protecting the Philippines’ maritime borders.

The international community must support the Philippines in its quest for justice and sovereignty. Diplomatic efforts and multilateral cooperation are essential to ensure that China abides by the PCA ruling and ceases its aggressive actions in the region.

The Filipino people, through the #AtinAngWestPhilippineSea movement, are calling for a unified stance against any form of aggression or violation of their territorial integrity. They demand respect for international law and the preservation of peace and stability in the region.