US: Chinese vessels in Philippine EEZ in violation of international law

The US government has backed the Philippines’ call for China to respect international law by stopping unlawful deployment of Chinese vessels within the Philippines’ exclusive economic zone in the West Philippine Sea.

“The reported escalating swarms of PRC (People's Republic of China) vessels in the vicinity of Iroquois Reef and Sabina Shoal in the Spratly Islands interfere with the livelihoods of Philippine fishing communities, and also reflect continuing disregard for other South China Sea claimants and states lawfully operating in the region,” US Department of State spokesperson Ned Price said in a statement.

“The United States supports the Philippines’ continued calls upon the People’s Republic of China (PRC) to respect the international law of the sea in the South China Sea, as reflected in the UN Convention on the Law of the Sea (UNCLOS), and its legal obligations pursuant to the 2016 arbitral ruling,” Price added.

Under the UNCLOS where the Philippines and China are signatories, the 200 nautical miles off the territorial sea of a country is its exclusive economic zone (EEZ). In July 2016, the UN Permanent Court of Arbitration in The Hague, based on a case filed by the Philippines, junked China’s nine-dash line theory claiming the entirety of the South China Sea.

The arbitration court also ruled that Panganiban (Mischief) Reef, Ayungin (Second Thomas) Shoal and Recto (Reed) Bank are all within the Philippines' EEZ as provided by the UNCLOS and outlawed China’s action of preventing Filipino fishermen to access Scarborough (Panatag) Shoal.

During US Vice President Kamala Harris visit to Palawan province which is near the West Philippine Sea exactly a month ago on Tuesday, she called on nations to respect the Hague court ruling and issued notice that the US stands with the Philippines "in the face of intimidation and coercion in the South China Sea." 

“The United States – and the broader international community – have a profound stake in the future of this region. America’s prosperity relies on the billions of dollars that flow through these waters every day. And we are proud to work with you in your mission," Harris said during a speech delivered on board the BRP Teresa Magbanua. Harris gave the speech with members of the Philippine Coast Guard (PCG) in attendance. The PCG personnel are the first responders when aggression is committed by foreign forces against Filipino fishing boats and vessels in the West Philippine Sea.

"When the international rules-based order is threatened somewhere, it is threatened everywhere. So the rules and norms that I have discussed today, they matter to the United States, to the Philippines, and to communities around the world. So to all of you here today, I say: The United States-Philippines alliance is strong. We are committed to you. We are committed to your success and to all the lives and livelihoods that rely on your work," Harris, who also visited the Tagburos fishing village in Palawan threatened by foreign vessel incursions in Philippine waters, added.

Washington reiterated Harris’ stance on Tuesday and expressed concern about the reported unsafe encounter that the Chinese Coast Guard initiated with Philippines' naval forces in the South China Sea. The Philippine Senate on December 14 condemned the aggression shown by the Chinese Coast Guard in taking suspected rocket debris retrieved by  Philippine Navy personnel.

“The United States stands with our ally, the Philippines, in upholding the rules-based international order and freedom of navigation in the South China Sea as guaranteed under international law,” Price added.

GMA News Online has contacted the Chinese Embassy for comment but has yet to receive a reply as of posting time.

In a television interview, Senator Francis Tolentino said China's continuous disregard of Philippine notes verbales was a complete non-adherence to international law.

"The receiving party is not really mandated to respond at all. That's part of international law. They have ignored it and their manner of incremental and continuous ignoring of our protest would just show that this is a trend, this is a pattern, so to speak. But what the government has been doing and even the previous administration has done, is correct," Tolentino said in an ANC interview.

"Even if they don't reply, it keeps on piling up, and later on it can be used against China by the international community, by our government as well, to justify that the violation being done even after the issuance of the arbitral ruling are continuing and this is a complete disregard of international law," he added.

In the same interview, Tolentino said President Ferdinand "Bongbong" Marcos Jr. should apply diplomatic pressure during his upcoming state visit to China amid reports of Chinese vessels swarming the West Philippine Sea (WPS).

In November, the Department of Foreign Affairs announced that the Philippines had sent China a note verbale following the confrontation between Filipino and Chinese personnel near Pag-asa Island.

The Philippines’ Naval Station Emilio Liwanag (NSEL) and the Chinese Coast Guard had a confrontation off Pag-asa Island after the latter “forcefully” took an unidentified floating object from the former.

The Chinese Embassy, however, denied that Chinese Coast Guard personnel forcefully retrieved the object, saying that it was done through "friendly consultation."

Last week, Tolentino delivered a privilege speech about the incident, prompting other lawmakers to manifest their anger over the supposed bullying in the WPS.

The Senate eventually adopted an unnumbered resolution expressing the chamber's "disgust" at the repeated incidents in the West Philippine Sea involving Chinese authorities. —KG, GMA Integrated News