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Expert says new baselines law would reinforce present occupation, clarification of PH claims in WPS
Expert says new baselines law would reinforce present occupation, clarification of PH claims in WPS
The proposed new baselines law is set to reinforce the Philippines’ actual occupation and clarification of claims of the features in the West Philippine Sea, an international law expert said on Monday, July 5.
During the online forum on Monday, international law consultant Dr. Melissa Loja said that the proposed new baselines law is set to identify the specific features as part of the country’s claim in the disputed areas.
Retired Supreme Court associate justice Jardeleza, along with Loja and professor Romel Bagares, drafted the proposed measure to identify by name and coordinates at least 100 features being claimed and occupied in the West Philippine Sea.
Jardeleza has submitted a letter to President Duterte last June 5, to certify as urgent a bill amending the Republic Act No. 9522 or the country’s baselines law to enforce the arbitral award on the South China Sea issue.
READ MORE: New PH baselines law most inexpensive, effective means in enforcing Arbitral award – Jardeleza
Loja said the drafted measure is a reiteration and clarification of specific features in the West Philippine Sea.
“Under the section number 3, it is to identify the specific features as part of our claim and to reiterate, this is not a new claim, to reiterate this is a reiteration and a clarification of our claim to each feature,” Loja said.
The proposed measure applies to the maritime areas in the West Philippine Sea, which includes the Luzon Sea as well as the waters around, within, and adjacent to the Kalayaan Island Group, and Bajo De Masinloc, also known as the Scarborough Shoal.
The international law expert said the proposed new baselines law will also reinforce the actual occupation on certain features and provide specific legislative places of any actions.
“To reinforce the occupation that we presently enjoy of certain features and therefore to provide specific legislative places of any action, any act of territory sovereignty who are presently occupying these features may exercise as a way of exercising territory sovereignty,” Loja said.
Jardeleza served as the Solicitor General during the Aquino administration that challenged China’s excessive claims over the disputed territory.
In 2016, the Permanent Court of Arbitration issued a decision in favor of the Philippines. China, however, has ignored the ruling and insisted on its historic claims to the territory.
Last June 10, President Duterte expressed willingness to look into the proposed amendments to the country’s baselines law that supposedly aim to strengthen the nation’s claim to the West Philippine Sea.
The country’s baselines law, which defines the country’s territorial waters and considers the Spratlys Islands and Scarborough Shoal as a “regime of islands” under the Philippines, was signed by then President Arroyo in 2009.
READ MORE: Duterte orders study on proposed amendments to PH baselines law