Philippines' extended continental shelf submission: Political farce in name of law

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On June 15, the Philippine Department of Foreign Affairs issued a statement declaring that the Philippines had submitted information to the UN Commission on the Limits of the Continental Shelf (CLCS) on the extent of its undersea shelf in the South China Sea. The aim is to establish exclusive rights to exploit natural resources in the area under the United Nations Convention on the Law of the Sea (UNCLOS).

According to Singapore's Lianhe Zaobao, the Philippines' Foreign Ministry Assistant Secretary for Maritime and Ocean Affairs Marshall Louis Alferez stated that this move secures the Philippines' future by asserting exclusive rights to explore and develop natural resources on the extended continental shelf.

The Philippine Department of Foreign Affairs noted that the document was approved by President Ferdinand Marcos Jr. and is based on comprehensive, technical, and scientific research of the continental shelf of the "West Philippine Sea."

The so-called "West Philippine Sea" is the name the Philippines uses for its 200-nautical-mile exclusive economic zone to the west of the country. The Philippines claims that this delimitation case is based on rights stipulated by the UNCLOS to define the outer limits of its continental shelf, including the seabed and subsoil, extending up to 350 nautical miles.

In response to the Philippines' move, Chinese Foreign Ministry spokesperson Lin Jian stated at a press conference on June 17 that there are territorial issues and disputes over maritime delimitation in the South China Sea between China and the Philippines. He said the Philippines' unilateral submission on the extent of its undersea shelf in the South China Sea infringes on China's sovereign rights and jurisdiction, violates international law, including the United Nations Convention on the Law of the Sea, and goes against the Declaration on the Conduct of Parties in the South China Sea.

Lin emphasized that pursuant to the rules of procedure of the UN Commission on the Limits of the Continental Shelf, the Commission will not consider or qualify the submission by the Philippines if it involves the delimitation of disputed waters.

Lei Xiaolu, professor at Wuhan University China Institute of Boundary and Ocean Studies, stated in an interview with Voice of the South China Sea that the CLCS is a body established under Article 76, Paragraph 8, and Annex II of the UNCLOS with the purpose to facilitate the implementation of Art. 76 in respect of the establishment of the outer limits of the continental shelf beyond 200 nautical miles.

The main function of CLCS is to consider the data and other material submitted by the coastal State and to make recommendations in accordance with Art. 76 of the UNCLOS. Pursuant to Art. 76, the outer limits established by a coastal state on the basis of these recommendations shall be final and binding.

Lei pointed out that according to Article 76(10), Article 9 of Annex II to the UNCLOS, Article 46 of the Rules of Procedure (RoP) and Paragraph 5(a) of Annex I, the Commission shall not consider or qualify for a submission that involves unresolved land or maritime disputes.

In its Executive Summary, the Philippines argues the continental margin extends beyond 200 nautical miles from mainland Palawan and North Borneo, which involves the sovereignty and maritime disputes between China and the Philippines.

Lei stated that the CLCS usually does not qualify or defer further consideration of the submission as long as the communications are received in relation to the submission, especially when note verbales invoke, inter lia, Paragraph 5(a) of Annex I to RoP with reference to disputes in the area of the submission.

Thus, if China and other disputants require the CLCS not to consider the Philippines submission by explicitly invoking Paragraph 5(a) of Annex I with reference to the unresolved land and maritime dispute in the area of the submission, the CLCS should follow its established modality to defer the submission.

Lei further pointed out that the Philippines' submission is attempting to put the CLCS, a body consisting of scientists, in a difficult situation to face the question of whether the South China Sea Arbitration Award is null and void, which is contrary to the purpose and function of the CLCS.

Analysts have also indicated that the main aim of the Philippines' move is to legitimize the unlawful South China Sea arbitration award and sway international opinion to attack and discredit China's South China Sea policies and claims.

In response to the Philippines' recent provocations and attempts to escalate tensions in the South China Sea, the Chinese Ministry of Foreign Affairs has repeatedly stated that China will continue to firmly safeguard its territorial sovereignty and maritime rights. China urges the Philippines to honor its commitments, adhere to the territorial boundaries established by international treaties, fully and effectively implement the DOC, cease maritime infringements and provocations, and promptly return to the correct path of resolving maritime disputes through dialogue and negotiation. 

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