Philippine Foreign Policy - Chinese Survey Vessels in Philippine Rise

a 13-million hectare undersea extinct volcanic ridge located 16 degrees 30 minutes N, 124 degrees 45 minutes E off the coast of Luzon.

The Philippine Rise/ Benham Rise

In 2012, the _____________ recognized the Philippines’ “sovereign rights” over it.

United Nations Commission on the Limits of the Continental Shelf (UNCLCS)

While this does not necessarily make it part of our national territory, legally speaking, it grants us the privilege to explore it and use its resources. (As for other countries, they can still navigate and conduct fishery research, water salinity studies, and current surveys in the area.)

sovereign rights

And in May 2017, the Philippine government declared the Benham Rise as a ________

protected food supply exclusive zone

Philippine Rise / Benham Rise is an underwater plateau that stretches from the coasts of __________ up to approximately ______ nautical miles (nm) in the Pacific Ocean.

Cagayan and Bicol, 300-350

A large part of this plateau is within the ____________ of the Philippines

200 nm* Exclusive Economic Zone and continental shelf

An additional area of seabed extending around ______ was successfully claimed by the Philippines as its “extended continental shelf” (ECS) in accordance with Article 76 of the UN Convention on the Law of the Sea.

150 nm

An additional area of seabed extending around 150 nm was successfully claimed by the Philippines as its ________ in accordance with Article 76 of the UN Convention on the Law of the Sea.

extended continental shelf” (ECS)

An additional area of seabed extending around 150 nm was successfully claimed by the Philippines as its “extended continental shelf” (ECS) in accordance with __________

Article 76 of the UN Convention on the Law of the Sea.

The region may not be “territory” in the same sense as ______, but it is definitely “territory” for the purposes of _____________.

land territory, Philippine laws and regulations over natural resources

The __________ considers as legally part of the National Territory all areas over which the Philippines has sovereignty or jurisdiction; Benham Rise falls squarely within this definition.

1987 Constitution

The 1987 Constitution considers as legally part of the _________ all areas over which the Philippines has sovereignty or jurisdiction; Benham Rise falls squarely within this definition.

National Territory

May be enclosed in archipelago baselines, all bays & rivers considered internal waters

Islands of the Archipelago

How many nautical miles is the territorial sea?

12 nm from archipelagic water/baselines

What consist the National Airspace

Archipelagic waters and territorial sea

How many nautical miles is the contiguous zone

24 nautical miles from the baseline or +12 from territorial sea

How many nautical miles is the exclusive economic zone

200 nm from baseline or +188 nautical miles from territorial sea

How many nautical miles is the continental shelf?

Fromm 200 nm up to 350 nm depending on special conditions

The exclusive economic zone is followed by:

High seas

After the continental shelf is the

International seabed

The international airspace is consist of ________

Contiguous zone, exclusive economic zone, continental shelf, high seas, and international seabed

Who is the Director of UP Institute of Maritime Affairs and Law of the Sea?

Director Jay Batongbacal

According to UP Institute of Maritime Affairs and Law of the Sea Director Jay Batongbacal, the underwater plateau contains ___________.

untapped natural gas and heavy metals

According to _______________ Director Jay Batongbacal, the underwater plateau contains untapped natural gas and heavy metals.

UP Institute of Maritime Affairs and Law of the Sea

Benham rise is also rich in what deposite?

Manganese deposit

_______ is a vital component of steel production, and is also used to create fertilizers and ceramics.

Manganese

Manganese is a vital component of ________, and is also used to create __________

steel production, fertilizers and ceramics

the shallowest part of the plateau

Benham Bank

who is the AFP Defense Researcher

Rowena Tatad

AFP Defense Researcher Rowena Tatad reported that the Benham Bank, the shallowest part of the plateau, has minerals such as ________

methane hydrate

________ are white, ice-like solids consist of methane and water, potential source of natural gas

Methane hydrate (also known as fire ice)

_________ anticipates that the mineral will be an “next energy game changer” in the coming years, because it stores an immense amount of energy when harnessed.

Geologist Hobart King

it houses a diverse community of marine life, including various soft and hard corals, algae, sponges, and fish.

Benham Bank

Other term for Benham Rise

Apolaki Caldera

In 2019, ___________ and her team discovered a caldera— a crater formed when a volcano collapsed after its eruption— within the Philippine Rise.

Filipina marine geophysicist Jenny Anne Barretto

crater formed when a volcano collapsed after its eruption

caldera

Barretto and her co-researchers named the crater _________ after the god of war and the sun in Filipino folklore. According to their study, the caldera might be the largest on the planet.

Apolaki or “giant lord”

who is the god of war and the sun in Filipino folklore

Apolaki

_________ suggested that the Apolaki Caldera might be instrumental in developing hydrothermal systems to generate renewable energy for the Philippines.

former National Security Adviser Hermogenes Esperon Jr.

__________- believes that the Philippines “can provide for its own energy.”

former DENR Secretary Ramon Paje

In ________, a Chinese survey ship was spotted monitoring the area for ________. However, its crew said that it was merely exercising its ________ in the area.

2017, three months, freedom to navigate

Philippine Rise is a disputed territory

False

The water column is ______-

Exclusive Economic Zone

Within _________, the Philippines has exclusive sovereign rights to explore for, and exploit, living and non-living natural resources of both the water column (the EEZ) and the seabed beneath (the continental shelf).

200 nm

The seabed beneath is the ________

Continental Shelf

These waters are subject to __________ available to all nations (including FONOP), but such freedoms must be exercised in a way that respects, and gives due regard to, the sovereign rights of the Philippines.

high seas freedoms

FONOP means

freedom of navigation and overflight

the Philippines has the right to regulate and participate in any _________ conducted in this area.

marine scientific research (MSR)

For FONOP and innocent passage, there shall be prior notice or advance authorization

False

Territorial sea is 12 nautical miles and contiguous zone is +12 nautical miles

True

What are the parts of water column?

Surface, Middle, and Bottom

Beyond 200 nm, but within the area of the “extended continental shelf” (ECS), the water column is considered to be part of the high seas subject to the common rights and freedoms of all States. But the seabed underneath is still subject to the exclusive sovereign rights of the Philippines for purposes of exploration and exploitation of seabed resources. No other State may carry out activities for these purposes in the seabed in this area, even though they may exercise rights and freedoms on the waters above it. This is the area that was recognized by the _____________ to be the Philippines’ ECS.

Commission on the Limits of the Continental Shelf (CLCS)

200 nm Exclusive Economic Zone consists

Water column, sea floor, and sub-seafloor

Extended continental shelf consists:

Seafloor and Sub-seafloor

a vessel is merely passing through if it is moving at a ________

steady pace in one direction

_________ guarantees the right of foreign vessels to pass through the waters of coastal States subject to certain rules.

UNCLOS Part II

If it is moving through territorial waters (i.e., within 12 nm from shore) its right to do so is guaranteed by the ______

right of innocent passage

Beyond territorial waters, i.e., in the EEZ and high seas, it does so in exercise of ___________ likewise guaranteed by UNCLOS, but such freedom of navigation, by its very name, refers only to the act of navigating on water. It does not connote freedom to undertake any other activity.

freedom of navigation

the Chinese ship in Benham Rise

Xiang Yang Hong 03

These rights of a coastal State include __________ over activities which have the purpose of ____________ of the water column and the seabed within 200 nm from shore.

regulatory jurisdiction, exploring and exploiting the living and non-living resources

A ship may be assumed to be doing more than exercising freedom of navigation if it is ___________ with the general objective of navigation: to get from one place to another.

moving in a way that is not in accord

If, for example, a ship becomes ___________, it is reasonable to assume that it is not merely navigating.

stationary for a long period of time in one place, either keeping in one specific spot or drifting somewhat before again moving purposely, or doing so repeatedly

It is likely doing something else, such as taking ________ or some other activity that requires the ship to stop navigating.

soundings, dropping probes, deploying divers or remotely-operated vehicles

If a ship moves in a direction that is ________, it does so not merely to navigate, but in connection with another activity entirely

not a straight line

If it is moving in ___________, it is reasonable to assume that it is chasing fish (or some other object), or actually fishing (or something similar), or doing something else entirely (like military exercises).

circular, zigzagging, or other irregular patterns

If it is moving in a __________, it is likely mapping the ocean floor with sonar or other device.

regular criss-crossing or back-and-forth pattern at regular intervals

If it is moving in a regular criss-crossing or back-and-forth pattern at regular intervals, it is likely __________.

mapping the ocean floor with sonar or other device

China is under obligation to respect the Philippines’ jurisdictions in the relevant area. If within 200 nm from the coast of Luzon, that ship may be presumed to be undertaking __________ at best, or ___________ at worst (assuming it is a civilian vessel).

marine scientific research (MSR), conducting marine resource assessment and/or exploitation

Beyond 200 nm from shore, but within the area of the ECS, China may undertake marine scientific research within the water column, as long as it does not pertain to the exploration and exploitation of the seabed resources in the ECS.

True

The waters being part of the ________, Chinese vessels are entitled to conduct marine scientific research and resource exploration and exploitation activities, so long as generally they do not cause damage to the marine environment.

high seas

has jurisdiction over some of the fishery resources and fishing activities in the Pacific Ocean.

Western and Central Pacific Fisheries Commission

The only other restriction in high seas that would probably be applicable is that resource exploitation activities should not contravene the conservation and management measures of the ______________

Western and Central Pacific Fisheries Commission

military activities are generally included within the purview of UNCLOS

False - not included

being a possible area of approach for naval forces coming from the Pacific, it is obviously one of China’s potential areas of operation.

The Philippine Rise/Benham Rise region

China’s well-known need to gain the ability to control the seas in the area of the so-called Second Island Chain that spans the Pacific Ocean from southern Japan to northern Indonesia/PNG.

Two Island Chain Strategy

China’s well-known need to gain the ability to control the seas in the area of the so-called __________ that spans the Pacific Ocean from southern Japan to northern Indonesia/PNG.

Second Island Chain

The second island chain spans the ______-

Pacific Ocean from southern Japan to northern Indonesia/PNG

Why does this put China in a policy dilemma?

given the advantages of military surveys and the perceived vulnerability of its navy and coastal area, China prohibits by law all such surveys without its knowledge and consent within 200 nm from its coastline. It considers such activities to be contrary to its national security interest to protect itself from external aggression by naval powers.

described Chinese survey vessels to have been passing through, or to have been stationary for extended periods of time, or moving in a criss-cross/back-and-forth pattern.

SND Lorenzana

within the 12 nm territorial sea of the Philippines, the relevant parts of which are those connecting the northern part of Luzon with the Babuyan and Batanes Islands, and the strait between Bicol and Samar, China may exercise the right of innocent passage.

True

beyond the territorial sea but within the EEZ and continental shelf of the Philippines within 200 nm from the eastern coast of Luzon, China’s survey vessels cannot navigate to another destination beyond the Philippine EEZ and continental shelf.

False - cannot do more than navigate steadily

If the activity falls under either __________, the Philippines is entitled to demand that (a) such activities stop, (b) the output of all such research already finished be disclosed and shared with the Philippines, and even the world, and (c) require any future such activities to be carried out with Philippine knowledge, consent, and participation.

MSR or resource exploration/exploitation

If the activity falls within __________, the Philippines is entitled to ask China to clarify its policy on military activities in the EEZ. It is also entitled take measures to protect itself from, or neutralize the possible advantages gained by such activities, including establishing monitoring facilities along its eastern seaboard, carrying out its own maritime patrols and surveys, and joining with allies in conducting other military activities in the same area. It is fully entitled to patrol these areas and find out for itself exactly what any vessels, Chinese or otherwise, are doing.

military activities

beyond 200 nm from shore but within the area of the ECS of the Philippines, China’s survey vessels may exercise freedom of marine scientific research and military activities, for as long as such activities do not contravene its exclusive sovereign rights to the seabed resources there. There is not much it can do against such activities unless they clearly are related to seabed exploration and exploitation, or if they appear to cause harm to the marine environment.

True

If they continue nonetheless, although the Philippine Navy cannot directly interfere, it may fully document such activities until they depart, and later on file the requisite protest, require compliance with Philippine laws and regulations, or perhaps even consider dispute resolution mechanisms under ________-

UNCLOS Part XV

include filing an arbitration case in accordance with Annex VIII (Special Arbitration for Marine Scientific Research, or Fisheries) if sufficient evidence warrants it.

UNCLOS Part XV

What is Annex VIII

Special Arbitration for Marine Scientific Research, or Fisheries

Who sent a diplomatic note asking China for an explanation.

DFA

who questioned China’s activities in the Benham Rise region

DND