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( File Photos by Myra Lambino; “mowdel” (modelled by) Alexander Lambino )

Philippines vs. China, PCA Case Nº 2013-19, Permanent Court Arbitration (2016), Dispositif (Dispositive Portion) :   “In relation to the merits of the Parties’ disputes, the Tribunal: xxx

“(2) DECLARES that, as between the Philippines and China, China’s claims to historic rights, or other sovereign rights or jurisdiction, with respect to the maritime areas of the South China Sea encompassed by the relevant part of the ‘nine-dash line’ are contrary to the Convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China’s maritime entitlements under the Convention; and further DECLARES that the Convention superseded any historic rights, or other sovereign rights or jurisdiction, in excess of the limits imposed therein xxx

“DECLARES that Mischief Reef and Second Thomas Shoal are within the exclusive economic zone and continental shelf of the Philippines;

“(8) DECLARES that China has, through the operation of its marine surveillance vessels in relation to M/V Veritas Voyager on 1 and 2 March 2011 breached its obligations under Article 77 of the Convention with respect to the Philippines’ sovereign rights over the non-living resources of its continental shelf in the area of Reed Bank;

“(9) DECLARES that China has, by promulgating its 2012 moratorium on fishing in the South China Sea, without exception for areas of the South China Sea falling within the exclusive economic zone of the Philippines and without limiting the moratorium to Chinese flagged vessels, breached its obligations under Article 56 of the Convention with respect to the Philippines’ sovereign rights over the living

resources of its exclusive economic zone;

“(10) FINDS, with respect to fishing by Chinese vessels at Mischief Reef and Second Thomas Shoal:

a. that, in May 2013, fishermen from Chinese flagged vessels engaged in fishing within the Philippines’ exclusive economic zone at Mischief Reef and Second Thomas Shoal; and

b. that China, through the operation of its marine surveillance vessels, was aware of, tolerated, and failed to exercise due diligence to prevent such fishing by Chinese flagged vessels; and

c. that therefore China has failed to exhibit due regard for the Philippines’ sovereign rights with respect to fisheries in its exclusive economic zone; and

“DECLARES that China has breached its obligations under Article 58(3) of the Convention;

“(11) FINDS that Scarborough Shoal has been a traditional fishing ground for fishermen of many nationalities and DECLARES that China has, through the operation of its official vessels at Scarborough Shoal from May 2012 onwards, unlawfully prevented fishermen from the Philippines from engaging in traditional fishing at Scarborough Shoal;

“(12) FINDS, with respect to the protection and preservation of the marine environment in the South China Sea:

a. that fishermen from Chinese flagged vessels have engaged in the harvesting of endangered species on a significant scale;

b. that fishermen from Chinese flagged vessels have engaged in the harvesting of giant clams in a manner that is severely destructive of the coral reef ecosystem; and

c. that China was aware of, tolerated, protected, and failed to prevent the afore[1]mentioned harmful activities; and

“DECLARES that China has breached its obligations under Articles 192 and 194(5) of the Convention;

(13) FINDS further, with respect to the protection and preservation of the marine environment in the South China Sea:

a. that China’s land reclamation and construction of artificial islands, installations, and structures at Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, Subi Reef, and Mischief Reef has caused severe, irreparable harm to the coral reef ecosystem;

b. that China has not cooperated or coordinated with the other States bordering the South China Sea concerning the protection and preservation of the marine environment concerning such activities; and

c. that China has failed to communicate an assessment of the potential effects of such activities on the marine environment, within the meaning of Article 206 of the Convention; and

“DECLARES that China has breached its obligations under Articles 123, 192, 194(1), 194(5), 197, and 206 of the Convention;

“(14) With respect to China’s construction of artificial islands, installations, and structures at Mischief Reef:

a. FINDS that China has engaged in the construction of artificial islands, installations, and structures at Mischief Reef without the authorisation of the Philippines;

b. RECALLS (i) its finding that Mischief Reef is a low-tide elevation, (ii) its declaration that low-tide elevations are not capable of appropriation, and

(iii) its declaration that Mischief Reef is within the exclusive economic zone and continental shelf of the Philippines; and

c. DECLARES that China has breached Articles 60 and 80 of the Convention with respect to the Philippines’ sovereign rights in its exclusive economic zone and continental shelf;

“(15) FINDS, with respect to the operation of Chinese law enforcement vessels in the

vicinity of Scarborough Shoal:

a. that China’s operation of its law enforcement vessels on 28 April 2012 and 26 May 2012 created serious risk of collision and danger to Philippine ships and personnel; and

b. that China’s operation of its law enforcement vessels on 28 April 2012 and 26 May 2012 violated Rules 2, 6, 7, 8, 15, and 16 of the Convention on the International Regulations for Preventing Collisions at Sea, 1972; and

“DECLARES that China has breached its obligations under Article 94 of the Convention; and

“(16) FINDS that, during the time in which these dispute resolution proceedings were ongoing, China:

a. has built a large artificial island on Mischief Reef, a low-tide elevation located in the exclusive economic zone of the Philippines;

b. has caused—through its land reclamation and construction of artificial islands, installations, and structures—severe, irreparable harm to the coral reef ecosystem at Mischief Reef, Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, and Subi Reef; and

c. has permanently destroyed—through its land reclamation and construction of artificial islands, installations, and structures—evidence of the natural condition of Mischief Reef, Cuarteron Reef, Fiery Cross Reef, Gaven Reef (North), Johnson Reef, Hughes Reef, and Subi Reef;

“DECLARES that China has breached its obligations pursuant to Articles 279, 296, and 300 of the Convention, as well as pursuant to general international law …” (Philippines vs. China, PCA Case Nº 2013-19, Permanent Court Arbitration (2016) )

File Photos by Myra Lambino; “mowdel” (modelled by) Alexander Lambino

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