I. RELEVANT TERMS

1. Archipelagic/Archipelago Doctrine – waters around, between, and connecting the islands form part of the Internal Waters of the State

2. 9-Dash Line - U-shaped demarcation line used by China for their claims over disputed islands, ie, Spratly Islands which it claims to be part of its Territory by HISTORICAL RIGHT

3. Arbitration – default means of dispute settlement between rival States/Claimants which are signatories of the UNCLOS (Art 287 (3) of United Nations Convention on the Law of the Seas (UNCLOS) )

4. Baseline – low water mark; level reached by seawater at low tide (at lowest level)5. Maritime Zones

a. Internal/Archipelagic Waters – (see No. 1)b. Territorial Sea (TS) – to be gauged 12 Nautical Miles (NM) from the Baselinec. Exclusive Economic Zone (EEZ) – 200 NM from Baselined. Extended Continental Shelf (ECS) – 150 NM from outer-limits of the EEZe. Free Seas/International Waters

II. PARTIES INVOLVED

A. Claimants – in part or all of Spratly Islands1. Philippines2. China

3. Brunei4. Malaysia5. Taiwan6. Vietnam

B. UNCLOS ARBITRATION TRIBUNAL – governs maritime disputes (overlapping of TS, EEZ and ECS)

III. ISSUESBy virtue of conflicting claims over the Spratlys, the Philippines raised its maritime dispute with

China to the UNCLOS Arbitration Tribunal for proper resolution with the following issues:A. Can China’s 9-dqash line doctrine negate the Philippines’ EEZ under UNCLOS?B. Whether rocks above High-Tide (the Scarborough Shoal) would be counted from 200 NM

EEZ or the 12 NM TSC. If China can appropriate Low-Tide Elevations (LTEs) like the Mischief Reef and Subi Reef

within the Spratlys

IV. ARGUMENTS

A. CHINA1. Opposes Arbitration and argues that UNCLOS has no jurisdiction over the dispute as

China has “opted out of any arbitration proceeding by UNCLOS;”2. Maintains that China has legal and historical rights which predates the UNCLOS and

could not therefore be validly negated by UNCLOS;3. Prefers Bilateral Negotiations with rival claimants

B. PHILIPPINES1. Argues that UNCLOS Arbitration Tribunal is the proper forum both countries being

signatories;2. Avers that waters enclosed in the so-called 9-Dash Line is without basis and are not

drawn from baselines;3. Insists that China’s claim of Historical Right has no basis in International Law and has

been disclaimed by scholars; and even if considered, said Historical Right was extinguished upon China’s signing of the UNCLOS;

4. Maintains that UNCLOS prohibits Member-States from making any reservations as to maritime dispute arbitration, unless allowed by UNCLOS itself;

V. STATUS OF ARBITRATION

The issues raised by the Philippines are still with the UNCLOS Arbitration Tribunal and are awaiting resolution. Meanwhile, China and the Philippines are locked in a propaganda war that often extended to actual skirmishes at said disputed waters.