Lawyer Harry Roque has proposed a “no all-or-nothing rule” and a “common maritime heritage zone” for the five claimant states to the Spratly Islands, which could help peacefully resolve the West Philippine Sea territorial dispute.
Photo shows lawyer Harry Roque delivering a speech during the 2023 Symposium on Global Maritime Cooperation and Ocean Governance in China on Wednesday.
According to the United Nations Convention on the Law of the Sea , high seas are not part of a country’s territorial sea, internal waters or archipelagic waters, and EEZ. Meanwhile, an island is a feature above water at high tide which can sustain human habitation and economic life.The former presidential spokesman said the parties to the WPS dispute are not entitled to the entirety of their claims, so they cannot employ an “all-or-nothing” legal or diplomatic approach.
In its 1998 ruling, the PCA found that the historic claim to title submitted by Eritrea and Yemen failed to make a convincing case for ownership of any of the islands. The tribunal awarded the disputed islands almost evenly to Yemen and Eritrea based on the evidence that it exercised state authority over the individual island territories.
Roque also observed that only six islands in the Spratlys can generate pockets of territorial seas, which is the 12-nautical mile zone from the baseline of a coastal state.
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