Added Title

Malampalaya Project

Date of Publication

4-2019

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Dispute Resolution and Arbitration

College

College of Law

Department/Unit

Law

Thesis Advisor

Antonio Gabriel M. La Viña

Defense Panel Chair

Jack Andrew Miranda

Defense Panel Member

Brenda Jay Mendoza
Vyva Victoria Aguirre

Abstract/Summary

The Arbitral Award of 12 July 2016 granted the Philippines exclusive rights over its EEZ in the West Philippine Sea, which initially had overlapping claims against China with its nine-dash-line. The UNCLOS, which was ratified by both China and the Philippines had served as the guidelines that the arbitral tribunal used to determine which country had a legitimate claim. The Philippines’ rights over its EEZ was purely in line with the principles of the UNCLOS, while China tried to hold on to their claim of historical rights which had no basis, and were replaced by the UNCLOS when China ratified to such.

With the award, the Philippines now has free reign over its EEZ which included the disputed Reed Bank where there is a plethora of natural resources. The Philippines comes with a new problem of how to take advantage of such resources and maintain the Philippine economy. As the most recent venture of the Philippines into natural resources, found in the Malampaya project, is almost depleted, the Philippines needs to begin another venture to maintain such flow of natural resources. This is where the join agreement with China comes in. The Philippine constitution requires that the Philippines maintain and support its territory, which included the EEZ. Having a joint development agreement, which China wishes to have with the Philippines, subverts this, as sovereign rights shall be given up to China in the process. With this, the alternative is to have a joint exploration agreement, which preserves the sovereign rights of the Philippines according to its Constitution, would seem to be the best option of the Philippines moving forward if any operations with China regarding the Reed Bank shall continue.

Abstract Format

html

Language

English

Format

Electronic

Physical Description

[viii], 114 leaves

Keywords

Arbitration and award--Philippines; Arbitration (Administrative law)--Philippines; Arbitration agreements, Commercial--Philippines; Conflict of laws—Arbitration and award--Philippines; Malampalaya Project

Upload Full Text

wf_yes

Embargo Period

7-14-2022

Download

Share

COinS