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She is the author of Legal Research and Citations (Rexl Book Store) a seminal book published in numerous editions and a part-time professor on Legal Research in some law schools in the Metro-Manila.
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China’s claim is based on the 9-dashed line which covers a total area almost 90% of the South China Sea.
In a speech delivered by Senior Associate Justice Antonio T.
Carpio entitled, “The Rules of Law in the West Philippine Sea Dispute,” he stated that China’s 9-dash claim encroaches on 80% on the Philippines’ 200-nm exclusive economic zone (EEZ) and 100% of its 150-nm extended continental shelf (ECS) facing the South China sea – what the Philippines call West Philippine sea.
China’s 9-dash line claim has similar effects on the EEZs and ECSs of Vietnam, Malaysia, Brunei and Indonesia facing the South China Sea.” Justice Antonio T.
As early as 1935, the baselines have been defined in the 1935 Constitution. 9522) stated that the purpose of the law is mainly to amend the existing baselines act and to ‘define the archipelagic baselines of the Philippines’. RA 9522 reduces the Philippine maritime territory, and logically, the reach of the Philippine state’s sovereign power, in violation of Article 1 of the 1987 Constitution” and 2) “RA 9522 opens the country’s waters landward of the baselines to maritime passage by all vessels and aircrafts, undermining Philippine sovereignty and national security, contravening the country’s nuclear-free policy, and damaging marine resources, in violation of relevant constitutional provisions.” Justice Antonio T.
It does not extend the baselines to Spratlys or to Scarborough Shoal, both of which China and Vietnam claim in their territory, while the Philippines claims a part of what are called “ Protest made by China remains. Carpio in his speech before Philippine Women Judges Association, entitled “Protecting the Nation’s Marine Wealth in the West Philippine Sea,” March 6, 2014, provided an illustration of the baselines defined by Republic Act Nos. The Philippines’ claim to the Spratlys and the historic claim to Sabah remain unresolved.
The constitutionality of the law was question at the Supreme Court in the case Magallona, et. The Philippines is now confronted with conflicting claims in the South China Sea which is governed by the 1982 United Nations Convention on the Law of the Sea (UNCLOS) which entered into force in 1994.
The Philippines and China who are claimants to the South China seas are among the 165 countries that have ratified the UNCLOS.
Carpio’s speech before Philippine Women Judges Association, entitled “Protecting the Nation’s Marine Wealth in the West Philippine Sea,” March 6, 2014 includes the illustration on the 9-Dashed Lines.
that “maritime dispute in the West Philippine Sea could be more easily resolved if all the claimant States agreed on two things: first, on the applicable law to govern the maritime dispute, and second, on the historical facts on the West Philippine Sea.” David Rosenberg in his article, “The Paradox of the South China Sea Disputes,” considers the nine-dash line claim as the most controversial maritime territorial claim.
Rosenberg traced the history as claim as far “back as December 1914 when Hu Jinjie, a Chinese cartographer, published a map with a line around only the Pratas and Paracels, entitled ‘The Chinese Territorial Map Before the Qianglong-Jiaqing Period of the Qing Dynasty (AD 1736–1820)” until “1953 when the two dotted line portion in the Gulf of Tonkin was deleted by Premier Zhou Enlai’s approval.