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Ambassador Patricia Ann V. Paez showing the Philippines’ archipelagic baselines and the scope and extent of its maritime entitlements under the UN Convention Law of the Sea (UNCLOS)
The audience composed of students and faculty of the Jagellonian University; in the 2nd row and 2nd from left is Dr. Ewa Trojnar
Ambassador Paez showing the 9-dashed line claim and how it overlaps with the exclusive economic zones of the Philippines, Vietnam, Brunei, Indonesia, Malaysia, and Taiwan; on the extreme left is Prof. Renata Czekalska
Philippine envoy to Poland Ambassador Patricia Ann V. Paez underscored that what is at stake in the case about the competing claims in the West Philippine Sea (WPS)/South China Sea (SCS) which the Philippines has elevated to the Permanent Court of Arbitration (PCA) at the Hague is rule of law. Ambassador Paez stressed this during her lecture at the forum called “Jagellonian Diplomatic Encounters” held at the Jagellonian University in the City of Krakow last 30 March. She said that the Philippines did not request the Arbitration Tribunal to decide on sovereignty issues but simply asked it to clarify the scope and extent of the maritime entitlements of both the Philippines and China, particularly their respective territorial seas, contiguous zones, exclusive economic zone, continental shelves, and extended continental shelves as defined by the United Nations Convention on the Law of the Sea (UNCLOS). The UNCLOS was signed by both the Philippines and China. Ambassador Paez said that the root cause of the tension in the WPS/SCS is China’s claim over 90% of the 3.5 million square kilometers of the WPS/SCS which is enclosed by nine dashes or the so-called “9-dashed line” claim which is vague and has no specific coordinates. The scope of these 9 dashes overlap with the exclusive economic zones of the Philippines, Vietnam, Malaysia, Indonesia, Brunei, and Taiwan. The envoy showed the audience satellite photos of China’s “creeping assertions” in Mischief Reff, Fiery Cross Reef, Redd Bank. James Shoal, Ayugin Shoal, Scarbourough Shoal, and Paracels. Satellite photos of China’s reclamation and creation of artificial islands in the Spratlys were also presented during the lecture. Citing a study, Ambassador Paez said that as of February 2015, China has already reclaimed a cumulative size of over 300 acres of land over the reefs in the Spratlys which is an archipelago of about 750 islands, reefs, cays, and atolls. Apparently, this is intended to change the character of the features and maritime entitlements of those features. She said that the reclamation activities have damaged the marine environment and bio-diversity of the area, especially since pulverized corals are reportedly used to fortify the sea wals of the artificial islands. She added that these activities are “step-by-step” moves to ensure China’s permanent presence in the area and thus, transform the 9-dashed line territorial claim into physical reality. Quoting Associate Justice Antonio Carpio who reviewed all available ancient maps, Ambassador Paez said that “not a single Chinese map from 36 AD to 1932, whether made by Chinese or foreigners show that the Spratys and Scarborough Shoal were ever part of Chinese territory” and that “despite China’s assertion, China’s co-called 9 dashed line claim dates back only to 1998.” Ambassador Paez presented the Philippines’ Triple Action Plan during her lecture. First is the “immediate approach” or a call for a moratorium on activities that increase tensions in accordance with paragraph 5 of the 2002 ASEAN-China Declaration on the Conduct of Parties in the WPS/SCS or the DOC. Paragraph 5 calls for self-restraint, non-occupation of the uninhabited features, including massive reclamation, and the handling of differences in a constructive manner. Second is the “intermediate approach” which calls for the “full and effective implementation of the 2002 DOC and the “expeditious or early conclusion of a legally-binding Code of Conduct on the WPS/SCS or the COC. Third is the “final approach” which is 3rd party arbitration to clarify maritime entitlements and full resolution of the maritime disputes in the WPS/SCS. She said that the Permanent Court of Arbiration (PCA) at The Hague has decided that the Tribunal has jurisdiction over the case elevated before it by the Philippines despite China’s objection and claim that the Tribunal has no jurisdiction. Ambassador Paez said that the Tribunal is expected to make its decision or Award sometime in May or June of this year. Putting the issue in its proper perspective, Ambassador Paez said that the Philippines wants to remain constructively engaged with China and has thus opted to elevate the issue of their competing claims over the WPS/SCS before the Arbitration Tribunal. This step was taken precisely to isolate this matter which has been a thorn in the multi-faceted and multi-dimensional Philippines-China relations and is therefore a friendly act on the Philippines’ part. Ambassador Paez noted that China’s President Xi Jin Ping attended the APEC Leaders’ Summit which the Philippinea hosted last year and that the Philippines is a member of the Asian Infrastructure Investment Bank (AIIB) which is a China initiative. However, she said that the Philippines could not just remain silent and sit idly by while part-by-part its maritime entitlements are being taken away from it through what some analysts have described as China’s “salami-slicing” tactic. She also emphasized that any Philippine president is duty-bound under the country’s Constitution to protect and preserve the country’s territorial integrity and sovereignty. In this regard, the Philippines has been consistently advocating a peaceful and rules-based approach towards a durable solution of a potential flashpoint in the Asia-Pacific region.
During her lecture, Ambassasdor Paez first gave a profile of the Philippines
Ambassador Paez with faculty members of the Jagellonian University prior to her departure; behind her is Attache Ms. Imelda de Joya