The Philippines might have grounds to sue China over damages to marine life in the Spratly Islands.
At the forum “Post Arbitration Series: A Focus On The Harm Done To The Environment” held at De La Salle University in Manila, Philippine Supreme Court Senior Associate Justice Antonio Carpio argued that the Philippines could file a new case with the Permanent Court of Arbitration against China for irreversible damages done to marine life in the West Philippine Sea through its illegal reclamation activities, reported Interaksyon, a Philippine news outlet.
Prior to the arbitration, the Philippines criticized China for dredging reefs in the Spratly Islands and allowing Chinese fishermen to capture endangered species around the Scarborough Shoal.
Carpio reportedly said that China has reclaimed an area along Mischief Reef the size of San Juan City. “As of May 1, 2016, this is now 590 hectares of reclamation. San Juan City is 594 hectares.” China dredged seven reefs in the Philippines’ Exclusive Economic Zone (EEZ) to build land for naval and air bases.
Back in April, the U.S.-China Economic and Security Review Commission released a report highlighting the severity of the damages done by China’s dredging and reclamation activities to the marine environment in the Spratly Islands. “Although dredging, land reclamation, and the building of artificial islands are not unique to China, the scale and speed of China’s activities in the South China Sea, the biodiversity of the area, and the significance of the Spratly Islands to the ecology of the region make China’s actions of particular concern,” explained the report.
Following the release of this report, China’s Ministry of Foreign Affairs announced that the reclamation work being done in the Spratly Islands is a “green, ecological project.” China argued that “the overall impact on the region’s coral reefs is small and negligible.” The Chinese government holds the same attitude for its extensive distant-water fishing activities.
During his presentation, Carpio pointed out that the arbitral tribunal that ruled on China’s claims in the South China Sea agreed that the environment has been negatively affected by China’s activities. “We can file because we said China severely damaged the marine environment and the tribunal agreed and even expanded on that,” the Philippine Star reported Carpio as saying.
At the forum, Carpio also pitched the idea that the disputed area in the South China Sea could be transformed into a protected area for marine life jointly managed by all relevant claimant states. While this “win-win scenario” is unlikely, the Philippines is currently considering pursuing peaceful relations with China. This was confirmed during former Philippine president and special envoy Fidel Ramos’ recent visit to China.
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