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Tag: Philippine Rise

What’s going on in Benham Rise?

The decision of the Duterte government to allow Chinese scientists to do research in Benham Rise, renamed Philippine Rise, a 13-million-hectare undersea region off the provinces of Isabela and Aurora has generated heated discussions layered with patriotism, nationalism, ignorance, sinophobia – all combined.

In 2009, the United Nations Commission on the Limits of the Continental Shelf (CLCS) declared that Benham Rise is part of the Philippine’s extended continental shelf (350 nautical miles from the shores).

UNCLOS’s declaration gave the Philippines sovereign rights over the area but not sovereignty – the supreme right of the state to command obedience within the area.

As explained by Senior Associate Justice Antonio T. Carpio, the Philippine’s sovereign rights over Benham Rise includes “to explore and exploit the oil, gas and other mineral resources in Benham Rise, and even the sedentary species (e.g., abalone, clams and oysters.”

Carpio also said, “Other states, like China, have the right to conduct in Benham Rise (1) fishery research because the fish in the ECS belongs to mankind; (2) surveys on water salinity and water currents because the water column in the ECS belongs to mankind; and (3) depth soundings for navigational purposes because there is freedom of navigation in the ECS. If the Chinese vessels were looking for submarine passages and parking spaces, that would be part of freedom of navigation and the Philippines has no reason to complain.”

Amid the controversy, the University of the Philippines Marine Science Institute issued the following statement explaining the project they are doing with Chinese scientists. The statement is a bit long but I deemed it right to give to you in its entirety for us to better understand the project:

Carpio insists for China’s acceptance of Arbitral Court ruling for PH Rise research

Old massive corals grow in the bank undisturbed. This slow-growing coral may have a life span of up to 900 years. Photo by OCEANAUPLB.
The latest issue on Philippine Rise, formerly known as Benham Rise, focused on Senior Associate Justice Antonio T. Carpio’s statement that China should not be allowed to conduct marine scientific research in Philippine Rise which the United Nations Commission on the Law of the Sea has recognized as part of the Philippine extended continental shelf (350 nautical miles from the shore).

Presidential Spokesperson Harry Roque disagrees.

Carpio said, “UNCLOS is a ‘package deal,’ which means that a state that ratifies UNCLOS must accept its rights and obligations as one entire package. A ratifying state cannot cherry pick – accepting only certain provisions and rejecting others.

“By refusing to accept the award of the UNCLOS arbitral tribunal pursuant to the dispute settlement provisions of UNCLOS, China is not accepting its obligation under UNCLOS. China should not be allowed to enjoy its rights under UNCLOS, like conducting MSR in Benham Rise, while it refuses to accept its obligation under the arbitral award. Otherwise, China is cherry picking and not taking UNCLOS as one package deal.”