Reclamation causing grave harm to coral reef system
The Philippines has accused China of inflicting “close to catastrophic” damage on the coral reef system in the South China Sea with its aggressive and unlawful reclamation works in the area.
China’s activities, including harmful fishing practices,
will pose a “significant threat” to the marine environment if left unchecked, the Philippine government told the United Nations tribunal at The Hague, Netherlands.
These arguments were supported by two foreign experts –Professors Kent E. Carpenter, Ph.D. and Clive Schofield, Ph.D. – and other advocates presented by the Philippines to bolster its maritime entitlements in the West Philippine Sea (South China Sea) before the Permanent Court of Arbitration (PCA).
“Carpenter drew the conclusion that China’s actions have caused grave harm to the environment in the South China Sea due to its artificial island building activities, and that the damage to the complex coral reef ecosystem is close to catastrophic,” Deputy presidential spokeswoman Abigail Valte said in a bulletin from The Hague.
Backing the statement made by Carpenter, international law expert Alan Boyle showed to the PCA the damage China has done to the marine ecosystem, particularly to the complex ecosystem of coral reefs, biological diversity, and living resources in the South China Sea.
“Boyle stated that, if unchecked, China’s activities will continue to pose a significant threat to the marine environment of the South China Sea and of all the states which border the sea,” Valte said.
Boyle likewise said China has committed violations under United Nations Convention on the Law of the Sea (UNCLOS) to protect and preserve the marine environment. He mentioned the “harmful fishing practices” of China “such as blast fishing, cyanide fishing, harvesting of giant clams, catching of turtles, and other endangered species.”
China must also be responsible for its “failure to prevent its fishermen and vessels from engaging in illegal fishing activities,” according to Boyle.
Boyle also informed the PCA about the “series of near-collisions” that occurred in April and May, 2012, in Bajo de Masinloc (Scarborough Shoal) involving Chinese Marine Service vessels and Philippine vessels.
“These incidents, according to Boyle, displayed China’s ‘deliberate disregard for international law’ on the safety of maritime vessels,” Valte said.
Another member of the Philippine team, Professor Bernard Oxman, presented to the tribunal other actions by China which “aggravated and extended the dispute, even pending arbitration.” Oxman recounted instances where the Philippines was blocked by China from entering Second Thomas (Ayungin) Shoal for a resupply mission.
“Oxman stressed that China’s denial of access forms part of ‘a deliberate policy to physically expel the Philippines and its nationals’ from the disputed features and its surrounding waters,” Valte said.
Schofield likewise presented his findings on 47 features requested by the tribunal to be studied to determine whether they are insular, low tide, or high tide elevations in the disputed territory.
Landsat images of Scarborough Shoal at high tide and low tide were also presented by Schofield, current Director of Research at the Australian Centre for Ocean Resource and Security at the University of Wollongong, Australia.
The Philippine government has filed an arbitration case before the UN tribunal to assert its claims in the West Philippine Sea, invoking the UNCLOS. Manila had earlier argued before the tribunal that China’s territorial claims are “hopeless and indefensible” since it has no legal or historical basis.