2016 arbitral ruling allows China to explore untapped resources in the high seas —Carpio

Former Senior Associate Justice and maritime law expert Antonio Carpio on Tuesday said China has actually benefited from the 2016 international tribunal ruling even as it favored the Philippines and denigrated its massive claim in the South China Sea.

Carpio pointed out that the decision allows China to explore untapped maritime and energy resources in the high seas as these areas have been “greatly increased” with the verdict handed down by the Permanent Court of Arbitration in The Hague, Netherlands.

He said the court effectively expanded the areas considered as high seas when it ruled that that none of the features in the disputed South China Sea are islands. It means they do not generate a territorial sea of 12 nautical miles and an exclusive economic zone (EEZ) of up to 200 nautical miles as allowed by the United Nations Convention on the Law of the Sea.

“Whatever China lost in the South China Sea arbitration it actually recovered because it can now fish in larger high seas because the claims of other states will also be denied. The small islands will not be awarded exclusive economic zones only 12 nautical mile territorial sea,” Carpio told reporters at the sidelines of a maritime conference at the Department of Foreign Affairs.

The court said none of the features in the Spratly Islands in the South China Sea can be considered as islands as these can not sustain life or economic activity without depending on outside resources.

China, said Carpio, can use the ruling to its advantage because of its superior fishing capability and maritime fleets.

“If you look at the sum total of everything, it's actually ahead because as a country with the largest fishing fleet it stands to benefit immensely because the high seas have been greatly increased with this ruling,” said Carpio, one of the senior government officials who led efforts to bring the country's disputes with China to international arbitration in 2013.

The Philippines won the case after the court invalidated China's sweeping claim over the resource-rich South China Sea.

“They did not lose in terms of fishing and even in terms of mineral resources because in the high seas where islands do not have EEZ than beyond the territorial sea, other countries can explore the mineral resources. All they have to do is to get a permit from the International Seabed Authority,” Carpio said.

“So if you sum it up all, China is ahead even if it lost to us. But it has gained much more because the high seas have been expanded and in the high seas where there are no EEZ of coastal states they are free to apply for a permit to explore the mineral resources.” —LDF, GMA News