[ANALYSIS] Where China’s aggressive action is taking the world

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'It is vitally important for world peace that the South China Sea dispute be resolved in accordance with international law.' Read this ThoughtLeaders piece by retired Supreme Court senior associate justice Antonio Carpio.

These are the remarks of retired Supreme Court senior associate justice Antonio T. Carpio at the ADR Institute webinar on Wednesday, September 16Let me give an overview of the South China Sea dispute. The dispute, the most complicated territorial and maritime dispute in the world today, has 3 dimensions.

In any event, these tiny geologic features will most likely be submerged by sea level rise by the turn of this century and beyond. In that eventuality, the submerged geologic features will form part of the exclusive economic zone of the adjacent coastal state, and that is the Philippines. Third, there is the innocent passage and freedom of navigation and overflight dispute between China on one side, and the US, UK, France, Australian, Japan and Canada on the other side. China holds the view that in the territorial sea innocent passage requires prior notice of the passage to China, and in the EEZ naval and aerial military exercises require the prior consent of China.

China’s clear objective in the South China Sea is to control the SCS for economic and military purposes regardless of what UNCLOS and international law prescribe. China wants solely for itself all the economic resources within the nine-dashed line, a maritime space amounting to 85.7 percent of the SCS. China wants all the fish, oil, gas and other mineral resources, including all the islands, atolls and reefs, found within this huge area.

Brunei will be landlocked except for its territorial sea, losing almost all its EEZ and its entire ECS, including Louisa Reef, the sole geologic feature Brunei claims in the Spratlys. The Philippines and China will become very close neighbors, with China’s nine-dashed line boundary just 64 kilometers from Balabac Island, the southernmost island of the Philippines facing the SCS, 70 kilometers from the coast of Bolinao town in Pangasinan, and 44 kilometers from Yami Island, the northernmost island of the Philippines in the Batanes.

 

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