How the 200 nautical miles limit evolved

I spoke with a diplomat recently who said that bringing the South China Sea conflict issue for arbitration was good. It is not so much about determining who owns what as it is the recognition that there is a court of law for such disputes. It is an endorsement for UNCLOS.

However it will happen only if China participates in arbitration. Martin Jacques, the British China expert who recently visited the Philippines makes an important observation that many Filipinos miss out. In his book  When China Rules the World (CNP: It is available in the National Bookstore) he says that “the idea of maritime sovereignty is a relatively recent innovation dating from 1945. It came to be when the United States declared that it intended to exercise sovereignty over its territorial waters. From that declaration came the body of law that essentially forms the basis of the Spratlys and Paracels.

On the other hand China’s argument on its historical claims is “that the islands have for thousands of years formed an integral part of the south-east frontier of the Middle Kingdom in the same manner for example as the land border to the north of Beijing.” Chinese legal experts also argue that “a judicial fact must be appreciated in the light of the law contemporary with it, rather than the laws in force at the time when a dispute arises.

“This gives force and legitimacy to history rather than the present to the laws that prevailed during the era of the tributary system rather than the present international legal system.”

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Most of us, or at least myself have accepted the 200 nautical miles as the standard of maritime territorial limits. Therefore China must be held to that rule. In fact the territorial limits of the seas around nations evolved.

“It was President Truman in 1945 who extended United States control to all the natural resources of its continental shelf. Between 1946 and 1950, Chile, Peru, and Ecuador followed suit and extended their rights to a distance of 200 nautical miles to cover their Humboldt Current fishing grounds. Other nations extended their territorial seas to 12 nautical miles.

By 1967, only 25 nations still used the old three-mile limit, while 66 nations had set a 12-mile territorial limit and eight had set a 200-mile limit. As of May 28, 2008, only two countries still use the three-mile limit: Jordan and Palau. That limit is also used in certain Australian islands, an area of Belize, some Japanese straits, certain areas of Papua New Guinea, and a few British Overseas Territories, such as Arguilla.”- From Wikipedia.

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With the foregoing you can imagine the futile arguments in an international legal fight. It means that no one benefits except lawyers and bureaucrats. That is why the more sensible way out is to follow the Deng Xiaoping and Pangilinan formulas.

Exploration precedes any division of spoils and can be treated as a separate endeavor. It is a speculative project and only until the results are out that one can speak about the division of spoils.

In the exploration phase, I don’t think we can match the resources of our American and Chinese partners but we have the claim and we can use it as our trump card. It is my opinion that bringing it to arbitration closes that door of opportunity. There are other ways of getting into a joint venture without losing the right to the claim.

Instead of international law legal experts we should be turning to corporate law experts who can then give a worth to our claim as our contribution. Included in that worth is our acquiescence to make the enterprise possible. That is priceless because on it hinges whether or not the joint venture can proceed.

Pangilinan is right if we do not take this path “it will never be developed, at least not in our lifetime.”

 Think of the many deaths, the poverty and hardships that will come from a misguided decision. A productive economy that will feed our hungry millions is a more important value than insisting on taking an impossible position of proving ownership (euphemistically referred to as a moral right) in an international court of law.

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Miscellany: From the Competitive Currency Forum, a group that has advocated for a wiser strategy on the value of the peso it sent word that a fun run planned to make more Filipinos aware of the issue has been cancelled. “If the IMF has the gall to urge BSP to keep the peso rising, the Competitive Currency Forum decided to cancel the Fun Walk originally planned for February 24.

With the announcement of the cancellation Clarita Lapuz sent me Dr. Raul Fabella’s “A call to paranoia” which said among other things that it was the carpetbaggers (nee portfolio investors) who flocked to make a killing on very high domestic interest rates and open capital account.

Direct foreign investors were, contrariwise, held back by the regulatory maze, the high power cost and the appreciation of the peso.

Once again  he said “instead of leveraging the good news to seed the future, we decided to tango with portfolio. The cocaine high was short-lived and the crash was crushing and protracted. Today, given our comfortable GIR position, we can choose to rebuff carpetbagging investors. The BSP is smarter and is pushing back. But, as Sen. Edgardo Angara recently asked, is it doing enough? Will our future be once more neutered? In the spirit of Andy Grove — the Intel guru — in 2013, we cannot have too much paranoia.”

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I was at the launch of the Red Cross 2nd Million Volunteer Run. The invitation is for volunteers for disaster preparedness citizens; brigade.

Invites volunteers for disaster preparedness citizens’ brigade. It will be held simultaneously on February 10 in Metro Manila and other key cities in the country, the run aims to strengthen a network of volunteers down to the barangay level and to raise funds for the PRC’s critical humanitarian services.

A recruitment drive is ongoing for its RC 143 program. RC 143 volunteers undergo rigid hands-on training and practice to be able to respond and lead on-ground efforts during emergencies and other challenging situations.

“MVR2 is a salute to all volunteers on whom lives depend in times of disasters and emergencies. Now, more than ever, the Philippines must be vigilant in the face of mass-casualty events that threaten the disaster-prone country every year, by drafting more volunteers and training them on disaster-response skills.” RC Chairman Gordon said.