The United Nations Convention on the Law of the Sea (UNCLOS) guaranteed 200 Nautical Mile Economic Zone for the Philippines, China, Vietnam, Brunei, Malaysia and Indonesia. UNCLOS did not show any China’s territory in the West Philippines Sea’s Spratlys. China’s limit is only until Paracel islands. The Philippines recorded already 6 invasions by china to the West Philippine Sea as of June 16, 2011.
The Philippines pressed for adherence to the rule of law in the West Philippine Sea (South China Sea) at the 21st Meeting of States Parties to the 1982 United Nations Convention on the Law of the Sea (SPLOS 21) in New York.
During the meeting from June 13 to 17, the Philippines also rejected efforts to broaden disputes in areas in the region, according to the Department of Foreign (June 18, 2011)
"The rule of law is the bedrock of peace, order and fairness in modern societies. The rise of a rules-based international system has been the great equalizer in global affairs. Respect and adherence to international law have preserved peace and resolved conflicts," DFA Center for Maritime and Ocean Affairs secretary general Henry Bensurto said in a statement, according to the DFA.
Bensurto also said "International law has given equal voice to nations regardless of political, economic or military stature, banishing the unlawful use of sheer force," the DFA added.
In his statement, Bensurto also noted that recent developments in the Recto Bank have tended to broaden the concept of disputed areas in the West Philippine Sea, "to include even those waters and continental shelves that are clearly within the sovereignty and/or jurisdiction of the Philippines."
"The Philippines firmly rejects any efforts in this regard. Such actions are inconsistent with UN Convention on the Law of the Sea (UNCLOS)," he said.
He underlined the Philippines' commitment to international law and the rule of law, specifically UNCLOS, which is considered the world's constitution on oceans.
"We expect nothing less from our international partners," he said.
"In situations where disputes on maritime claims exist, UNCLOS provides clues as well as answers by which such maritime disputes could be addressed," he noted.
He also urged all parties to the ASEAN-China Declaration of Conduct in the South China Sea to faithfully abide by the Declaration provisions.
Bensurto particularly cited paragraph 5, which mandates parties to "exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability."
"The Declaration of Conduct expresses in a concrete way our collective goal for rules-based action by all concerned parties," he added.
During the meeting, the need for maintaining peace and security in the West Philippine Sea (South China Sea) and the primacy of the UNCLOS was also echoed by Vietnam, Indonesia, Malaysia, Thailand, Laos and Singapore in their respective national statements, the DFA said.
It added these nations also called for the peaceful resolution of disputes as enshrined in the UNCLOS.
No offense intended to China
There is no reason for China to take offense at the Philippines’ recent statements over the two countries' territorial row in the Spratly Islands, Malacañang said.
Deputy presidential spokesperson Abigail Valte said the Philippines’ statements had centered on seeking a rules-based settlement, an approach she said China also favors.
“Our statements have always been very clear. Ang approach natin to settling the disputes must be rules-based. We are seeking a multilateral approach... Pareho ang sinasabi nila, sinabi nila there will be no use of force at gusto nila diplomatic ang paraan para sa resolution sa problema” Valte said on government radio dzRB.
In seeking a rules-based settlement on the matter, the Philippines had respect for the UNCLOS.
The Philippines and China have engaged in a word war of sorts after recent encounters between Philippine and Chinese forces in the disputed area.
Chinese patrol vessels entered in areas that the Philippines claimed part of its 200-nautical-mile exclusive economic zone (EEZ).
Aside from the Philippines and China, four other economies are claiming ownership of the Spratlys – Vietnam, Brunei, Malaysia, and Taiwan.
Meanwhile, Malacañang voiced full agreement with the statement of Australia supporting respect for UNCLOS in tackling “strategic and regional issues of mutual interest."
“The Ministers and Secretaries agreed on the value of rules-based cooperative approaches, respect for international law, particularly UNCLOS. [They] agreed on the importance of sustaining bilateral dialogue on strategic and regional issues of mutual interest, and to establish a strategic dialogue at senior officials’ level to take this forward," the Philippines Australia Ministerial Meeting had said in a joint statement.
On the other hand, the Philippines sought last June 17, 2011 the support of its fellow Association of Southeast Asian Nation (ASEAN) members in pushing for a “rules-based" regime in the Spratlys area.
Foreign Affairs Secretary Albert del Rosario met with ambassadors of ASEAN member states in Manila to brief them on “Philippine perspectives" on the matter.
A news release on the Department of Foreign Affairs website said those present at the meeting June 17, 2011 (Friday) afternoon were:
1. Indonesian Charge d’ Affaires Sritomo Wirodihardjo
2. Cambodian Ambassador Hos Sereythonh
3. Singaporean Ambassador A. Selverajah
4. Myanmar Ambassador U Aung Khin Soe
5. Brunei Ambassador Malai Halimah Yussof
6. Lao Ambassador Malayvieng Sakonhninhom
7. Vietnamese Ambassador Nguyen Vu Tu
8. Thai Ambassador Prasas Prasasvinitchai
9. Malaysian Charge d’ Affaires Zakaria Nasir
“At the meeting, Secretary del Rosario stated that transforming the area into a Zone of Peace, Freedom, Friendship, and Cooperation (ZoPFF/C) provides the key to addressing the claims of the country-claimants and in advancing a peaceful settlement of disputes,"
