National nature reserve– The United States has expressed strong support for the Philippines in rejecting China’s plans to establish a “national nature reserve” at Scarborough Shoal, a disputed region in the South China Sea.
US Secretary of State Marco Rubio characterized the move as part of a broader Chinese strategy of coercion in the area.
“The US stands with our Philippine ally in rejecting China’s destabilizing plans to establish a ‘national nature reserve’ at Scarborough Reef,” Rubio stated on social media platform X.
He emphasized that this plan is another example of Beijing using pressure tactics to advance its expansive maritime and territorial claims, disregarding neighboring countries’ rights.
Rubio’s statement underscores the US commitment to regional stability and its opposition to China’s assertive actions in the South China Sea; and more recently to create a nature reserve.
The planned nature reserve, spanning 3,500 hectares, is seen as an attempt to justify China’s control over the maritime feature, which lies within the Philippines’ exclusive economic zone.
The Philippines has strongly protested China’s plan, with National Security Adviser Eduardo Ano describing it as “patently illegal.”
Ano cited violations of the United Nations Convention on the Law of the Sea (UNCLOS), the 2016 arbitral ruling in favor of Manila, and the 2002 Declaration on the Conduct of Parties in the South China Sea.
The Permanent Court of Arbitration’s 2016 award in favor of the Philippines against China’s expansive territorial claims in the South China Sea provides significant insights into the provisions of the UN Convention on the Law of the Sea (UNCLOS).
The tribunal’s ruling overwhelmingly favored the Philippines, determining that major elements of China’s claim, including its nine-dash line, recent land reclamation activities, and other activities in Philippine waters, were unlawful.
The nine-dash line, which China uses to demarcate its claims in the South China Sea, was deemed to have no legal basis for historic rights to resources within the sea areas falling within the line. This ruling implies that China’s claims based on the nine-dash line are inconsistent with UNCLOS and therefore invalid.
The tribunal also asserted that China’s land reclamation activities and construction on reefs in the South China Sea have caused severe harm to the marine environment, violating UNCLOS provisions on environmental protection.
The arbitration case between the Philippines and China under UNCLOS sought to clarify the two countries’ potential maritime rights in the South China Sea.
The Philippines’ case consisted of 15 submissions covering four broad areas, including the legality under UNCLOS of China’s nine-dash line claim, the maritime entitlements generated under UNCLOS by specific geographic features, the legality of China’s alleged harassment of Philippine vessels, and China’s alleged violations of an UNCLOS provision requiring parties to protect the marine environment.
The tribunal’s ruling also addressed the status of certain geographic features in the South China Sea, including Mischief Reef and Second Thomas Shoal, which were deemed part of the Philippines’ exclusive economic zone and continental shelf.
Additionally, features like Fiery Cross, Johnson, and Cuarteron Reefs were determined to generate no entitlement to an exclusive economic zone or continental shelf.
The implications of the ruling are significant for regional stability and international law.
The decision reinforces the principles of international law and the rule-based order in the South China Sea, clarifying the rights and obligations of countries in the region.
The decision of China therefore to create nature reserve on the sea is seen as a deliberate attempt to create trouble and assert regional dominance.
However, China’s reaction to the ruling has been negative, with Beijing maintaining that the award is “null and void”. This insistence in grave defiance my have further spurred Beijing ‘s plan to create a national nature reserve on the disputed sea.
The PCA’s award in favour of the Philippines has far-reaching implications for the South China Sea dispute and national nature reserve may have been dead on arrival
The ruling’s emphasis on adherence to UNCLOS underscores the importance of international law in resolving complex maritime disputes and promoting regional stability.
As the situation continues to evolve, the international community’s support for the ruling and efforts to enforce it will be crucial in shaping the future of the South China Sea.
“This move by the People’s Republic of China is less about protecting the environment and more about justifying its control over a maritime feature that is part of the territory of the Philippines,” Ano said. He added that it is a clear pretext towards eventual occupation.
Analysts suggest that Beijing is testing Manila’s resolve in asserting its claim over the region. Julio S. Amador III, chief executive officer at Manila-based geopolitical risk firm Amador Research Services, noted that China will likely observe the Philippines’ response and may attempt to replicate similar actions in other disputed areas if it sees no effective pushback.
The Philippines, Australia, and Canada recently conducted joint naval drills east of Scarborough Shoal, simulating aerial attacks and countermeasures.
China has vowed to defend the area, asserting sovereignty over nearly the entire South China Sea despite competing claims from several countries.
The situation highlights the ongoing tensions in the South China Sea, where strategic maritime corridors worth over $3 trillion in annual trade pass through.
The US and the Philippines have reaffirmed their commitment to defense cooperation, with cold resistance to the proposed nature reserve while China continues to assert its claims through various means and insisting that it’s decision to create national nature reserve has come to stay.