Sovereignty and Survival: The Philippines’ Fight for Undersea Rights

By Louis ‘Barok‘ C. Biraogo

The Philippines’ recent maneuver to assert its sovereign rights over an extensive continental seabed in the South China Sea marks a daring yet essential stride towards regional stability and economic empowerment. In a suspenseful clash of geopolitics and legal entitlements, Manila’s appeal to the United Nations embodies both a confrontation and a clarion call for adherence to international law.

This initiative, if ratified, offers an array of substantial advantages for the Philippines. Securing recognition under the United Nations Convention on the Law of the Sea (UNCLOS) would grant the nation exclusive rights to explore and exploit the rich marine resources nestled within its continental shelf, potentially heralding a new era of economic prosperity. The extensive undersea deposits of oil, natural gas, and rare minerals in the South China Sea could invigorate the Philippine economy, bolstering energy security and catalyzing industrial growth. Moreover, formal recognition would fortify the Philippines’ territorial integrity and amplify its bargaining power in future regional negotiations.

But the path to approval is fraught with challenges. Historical precedents and legal frameworks provide both hope and caution. Under the 1982 UNCLOS, coastal states can claim an extended continental shelf up to 350 nautical miles from their baselines, contingent upon comprehensive scientific evidence. The Philippines’ submission, underpinned by over a decade and a half of meticulous research, appears robust and well-founded.

However, the turbulent waters of the South China Sea are rife with competing claims from Vietnam, Malaysia, Brunei, Taiwan, and most aggressively, China. The latter’s historical assertions, albeit discredited by the 2016 international arbitration ruling, continue to manifest through military posturing and maritime confrontations. This geopolitical backdrop poses a formidable obstacle to Manila’s aspirations.

Yet, there is a flicker of optimism rooted in precedent. In 2009, the Commission on the Limits of the Continental Shelf endorsed Japan’s claim over its continental shelf in the East China Sea despite overlapping claims with China and South Korea. Similar adjudications have seen favorably for smaller nations wielding thorough scientific documentation and unyielding adherence to UNCLOS stipulations.

The Philippines’ willingness to engage in diplomatic dialogue with neighboring claimants, as articulated by its officials, signals a strategic and conciliatory approach. By promoting a rules-based international order and fostering multilateral negotiations, Manila underscores its commitment to peaceful resolution and regional cooperation.

Given the gravity of this initiative, several recommendations emerge. First, the Philippines must continue to fortify its legal and scientific documentation, ensuring its claims are incontrovertible. Second, diplomatic efforts should be intensified, fostering alliances and garnering international support from UNCLOS signatories and global powers vested in upholding international maritime law. Third, a robust defense posture, coupled with strategic partnerships, can deter aggressive maneuvers and underscore the Philippines’ resolve to protect its sovereign rights.

In the unfolding saga of the South China Sea, the Philippines stands at a critical juncture. Its bid for UN confirmation of its continental shelf is not merely a quest for resources but a profound statement of national sovereignty and commitment to a lawful global order. The world watches with bated breath as Manila navigates these treacherous waters, hoping that justice, science, and diplomacy will prevail against the tempestuous tides of geopolitics.