China’s Artificial Islands in the West Philippine Sea: A Challenge to UNCLOS

Baybay City, Philippines – December 24, 2024 – The legality of China’s land reclamation activities and construction of artificial islands in the West Philippine Sea (WPS) continues to be a contentious issue. While China claims these features as natural islands entitled to an Exclusive Economic Zone (EEZ) under the United Nations Convention on the Law of the Sea (UNCLOS), a closer look at the provisions of the treaty reveals a different story.

UNCLOS and the Definition of Islands

UNCLOS, the legal framework governing all marine and maritime activities, defines an island as “a naturally formed area of land, surrounded by water, and which is above water at high tide.” Crucially, the definition emphasizes “naturally formed.” Artificial islands, constructed through land reclamation projects, do not meet this criteria.

Implications for China’s Claims

China’s artificial islands in the WPS, built primarily on submerged reefs and sandbars, lack the inherent characteristics of natural islands. Therefore, under UNCLOS, they cannot be used to generate maritime entitlements such as an EEZ.

The World’s Response: A Multi-Pronged Approach

The international community should take a firm stance against China’s actions in the WPS. Here are some possible courses of action:

• Legal Challenge: The Philippines’ invocation of the UNCLOS dispute settlement mechanism serves as a model. Other claimants with similar concerns could pursue legal action to challenge China’s claims.
• Diplomatic Pressure: A unified international front condemning China’s activities and urging them to comply with UNCLOS is crucial.
• Freedom of Navigation Operations (FONOPS): Regular FONOPS by the United States and other countries demonstrate their commitment to upholding the principle of freedom of navigation in the South China Sea.
• Economic Sanctions: Targeted sanctions against companies involved in China’s island-building activities could send a strong message.

WPS.News calls upon the international community to act decisively in the face of China’s disregard for international law. A peaceful and rules-based order in the South China Sea hinges on upholding UNCLOS and ensuring freedom of navigation for all.

It is important to note that this is a complex issue with ongoing developments. Stay tuned to WPS.News for further updates.