Frequently Asked Questions on the West Philippine Sea

The West Philippine Sea is situated on the western side of the Philippine Archipelago. It includes the Luzon Sea, the waters around Bajo de Masinloc (BDM), also known as Scarborough Shoal, and the waters around and adjacent to the maritime features constituting the Kalayaan Island Group (KIG). It stretches from the western coasts of the Batanes islands in the north to the western coast of Palawan in the south.

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The West Philippine Sea is ONLY within 200 nautical miles from the western coasts of the Philippines. The South China Sea is the bigger sea portion OUTSIDE the West Philippine Sea.

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No. The South China Sea and the West Philippine Sea are terms that are not interchangeable with one another.

The South China Sea refers to the arm of the Pacific Ocean that borders the Southeast Asian mainland. It is bounded on the northeast by Taiwan Strait; on the east by Taiwan and the Philippines; on the southeast by Borneo; on the south by Indonesia’s Sumatra Island, Karimata Strait and Malacca Strait; on the southwest by the east coast of the Malay Peninsula and the Gulf of Thailand; on the west by Viet Nam; and on the north by China.

On the other hand, the West Philippine Sea just refers to the waters within 200 nautical miles from the western coasts of the Philippine archipelago, including the territorial waters of the maritime features of the Kalayaan Island Group (KIG).

The West Philippine Sea is, therefore, just a portion of the South China Sea that is comprised of the maritime zones of the Philippines under the United Nations Convention on the Law of the Sea (UNCLOS) and domestic laws, while the South China Sea is the bigger sea.

We can find each maritime zone measured by its distance from the coast by nautical miles.

The territorial sea

Picture a moat, or a ring of water, going all the way around a castle (the castle here is the Philippines).

That moat stretches 12 nautical miles out into the sea. That’s called the territorial sea. The castle (or the Philippines) owns everything in that moat: the water, the sky above it, and even the sand and rocks at the very bottom. It’s all part of the castle (or the Philippines), just like land!

So if you fly over it, swim in it, or dig under it: you’re still in the Philippines.

The contiguous zone

Let’s go back to our castle on the beach.

First, remember the moat (territorial sea) that goes 12 miles out, that part fully belongs to the Philippines.

But right outside the moat, from 12 to 24 miles out, there’s another ring of sea.

Think of it like a watch zone or guard area. That’s called the contiguous zone.

The Philippines doesn’t own this part like the moat, but it can still watch and control it to make sure no one is sneaking in to break its rules — like smuggling, sneaking in without permission, or bringing in diseases.

So it’s like a lookout area where the guards make sure nothing bad gets close to the castle!

The exclusive economic zone (EEZ) -

Let’s go back to our castle by the sea.

We already talked about the moat (territorial sea), and the guard zone (contiguous zone). Now, let’s imagine a huge backyard ocean garden that stretches way, way out: up to 200 nautical miles from the shore. That’s called the Exclusive Economic Zone, or EEZ.

The Philippines doesn’t fully own this water like the moat, but it gets special rights here. It’s the only one allowed to:

Catch the fish
Collect treasures like oil or coral
Build things on the water
Study the sea
Take care of the ocean and keep it clean

So even though other countries can pass through, only the Philippines can use and protect the goodies in this giant sea garden!

The continental shelf

Now, imagine that the Philippines is standing on a big underwater floor that stretches out into the sea. This underwater floor is called the continental shelf. It’s like the land under the ocean that’s still connected to the country, even if it’s deep and far.

This underwater floor can go out up to 200 nautical miles — or even farther, if the land under the sea keeps going.

Now, even though it’s underwater, the Philippines gets to be the only one who can:

Take treasures like oil, gas, and minerals from that floor
Build things on it like artificial islands or sea platforms
Do science to learn more about the sea

Protect the sea animals and nature there

So it’s like a secret underwater basement that only the Philippines can use and take care of!

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In accordance with the United Nations Convention on the Law of the Sea (UNCLOS) and Republic Act 12064 or the Philippine Maritime Zones Act, the maritime zones of the Philippines, projected seaward from its coasts or baselines, are the (1) territorial sea, (2) contiguous zone, (3) exclusive economic zone, (4) the continental shelf.

The territorial sea is a belt of sea extending 12 nautical miles from the coasts or baselines of the Philippines. The Philippines has sovereignty over the territorial sea, including the airspace above and the seabed and subsoil below.

The contiguous zone is a belt of sea beyond 12 nautical miles, up to 24 nautical miles from the coasts or baselines of the Philippines. The Philippines has jurisdiction over the zone in order to prevent violations of its customs, fiscal, immigration, and sanitary laws and regulations within its territory or territorial sea and to penalize such violations.

The exclusive economic zone (EEZ) lies beyond the territorial sea, up to 200 nautical miles from the coasts or baselines of the Philippines. The Philippines has exclusive rights to all the natural resources of zone, such as the fishes and coral reefs, and the exclusive jurisdiction to establish artificial islands, installations and structures, conduct marine scientific research, and take measures to protect and preserve the marine environment.

The continental shelf consists of the seabed and subsoil of the submarine areas extending beyond the territorial sea throughout the natural prolongation of the land territory of the Philippines up to the outer edge of the continental margin, or to a distance of 200 nautical miles from the its coasts or baselines where the outer edge of the continental margin does not extend up to that distance. The Philippines has exclusive rights to all the natural resources of shelf, such as oil, gas and minerals, and the exclusive jurisdiction to establish artificial islands, installations and structures, conduct marine scientific research, and take measures to protect and preserve the marine environment.

In addition to the above maritime zones, the Philippine also has archipelagic waters, which refers to all the waters that connect the different islands of the Philippine archipelago and are enclosed by the Philippine archipelagic baselines.

The Philippines has features in the sea that are part of its territory in the West Philippine Sea. These include:

Bajo de Masinloc (also called Scarborough Shoal) — It’s like a group of rocks and reefs in the sea, not too far from the island of Luzon. It’s just about 116 nautical miles away.

The Kalayaan Island Group (KIG) — This is a bunch of over 100 small islands, reefs, and rocks out in the sea, to the left side of Palawan. One of the closest to the Philippines is Ayungin Shoal, which is just about 104 nautical miles from Palawan. (The Philippine Constitution, 1987; Maritime Zones Act)

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The Philippine national territory in the West Philippine Sea is composed of Bajo de Masinloc (BDM), otherwise known as Scarborough Shoal, and the Kalayaan Island Group (KIG), in accordance with the 1987 Constitution and relevant law and treaties.

BDM is about 116 nautical miles from the archipelagic baselines of the Philippines along the western coasts of Luzon.

The KIG, on the other hand, is located west of Palawan. It is composed of more than one hundred maritime features based on the coordinates provided in Section 1 of Presidential Decree 1596 issued in 1978. Among the KIG maritime features nearest to the Philippines is Ayungin Shoal (Second Thomas Shoal), a low-tide elevation situated at around 104 nautical miles from the archipelagic baselines of the Philippine along the western coasts of Palawan.

The Philippines has people and buildings on eight small islands in the West Philippine Sea. These islands are part of the Kalayaan Island Group (KIG), and they are big enough to still be seen when the tide comes in — so they’re called high-tide features. The islands include:

Pag-asa Island,
Parola Island,
Panata Island,
Kota Island,
Likas Island,
Lawak Island,
Patag Island, and
Rizal Reef.

The Philippines also stays at Ayungin Shoal, which is not always above water. But the country keeps a ship called BRP Sierra Madre there, where some Filipino soldiers live all the time.

To help the people on these islands, the Philippines does regular trips to bring them food, water, medicine, and other supplies. These are called RORE missions (rotation and resupply).

The Philippines also sends out boats to patrol the area — to places like Escoda Shoal, Rozul Reef, Recto Bank, and Bajo de Masinloc — to protect Filipino fishermen and make sure the sea is safe and secure.

In short, the Philippines has physical presence and structures in 8 of the Kalayaan Island Group. We also have physical presence in Ayungin Shoal, and this is important because physical presence determines residency, jurisdiction and other legal obligations. (Not One Inch)

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The Philippines has structures and physical presence in eight of the KIG maritime features that are considered high-tide features under UNCLOS, namely: Pag-asa Island (Thitu Island), Parola Island (Northeast Cay), Panata Island (Loaita Cay), Kota Island (Loaita Island), Likas Island (West York Island), Lawak Island (Nanshan Island), Patag Island (Flat Island), and Rizal Reef (Commodore Reef). The Philippines also has physical presence in Ayungin Shoal (Second Thomas Shoal), a low-tide elevation, through the permanent stay therein of BRP Sierra Madre.

The Philippines conducts regular rotation and resupply (RORE) missions to these features, in order to improve and sustain the well-being of Filipinos living or staying in them.

The Philippines also conducts regular maritime patrols in the entire KIG area, including in Escoda Shoal (Sabina Shoal), Rozul Reef (Iroquois Reef) and Recto Bank (Reed Bank), and in BDM, in order to protect the fisherfolk and the overall maritime security of the Philippines in the West Philippine Sea.

No. There is no longer any dispute over the West Philippine Sea because of the 2016 Arbitral Award.

In 2016, a group of international judges (called the Arbitral Tribunal) made a big decision about the sea.

They said:

China’s nine-dash line, which tries to claim almost the whole South China Sea, is not allowed under international law.
The sea near the Philippines, called the West Philippine Sea, belongs to the Philippines — especially the waters up to 200 nautical miles from its shores.
This includes places like Panganiban Reef and Ayungin Shoal, even if they are underwater or only show up at low tide.

So now, the Philippines has clear rights to fish, explore, and protect the sea in that area. That means there's no more maritime dispute between China and the Philippines. The court already decided that.

But, there’s still one thing not yet solved:

Some islands that stay above water all the time (called high-tide features) are still being claimed by other countries like China, Taiwan, Vietnam, Malaysia, and Brunei. The court didn’t decide on these because the Philippines didn’t ask it to. The court was only allowed to look at sea rules, not who owns land.

So, the sea part is settled. The island part? Still needs to be figured out.

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There is no more maritime dispute in the West Philippine Sea because of the 2016 Arbitral Award.

In the South China Sea arbitration, the Arbitral Tribunal ruled that China’s so-called nine-dash line, which encompasses almost the entire South China Sea and encroaches on the EEZ and continental shelf of the Philippines in the West Philippine Sea, has no basis in international law.

The Arbitral Tribunal declared the nine-dash line illegal and upheld the EEZ and continental shelf of the Philippines in the West Philippine Sea. These EEZ and continental shelf of the Philippines include Panganiban Reef (Mischief Reef) and Ayungin Shoal (Second Thomas Shoal), which are low-tide elevations within 200 nautical miles from the baselines of the Philippines along the western coasts of Palawan and the rest of the Philippine archipelago.

What remains unresolved are the territorial disputes over the high-tide features of the KIG in the West Philippine Sea, which are being claimed by China (and Taiwan), Viet Nam, Malaysia and Brunei, because the Arbitral Tribunal’s jurisdiction is limited only to maritime disputes and the Philippines did not ask it to rule on the territorial disputes in its pleadings.

The Arbitral Award debunked China’s claims that would extend their territory over to the West Philippine Sea. These claims include features in the KIG and other reefs that cannot sustain habitation, and are therefore not islands.

The Arbitral Award also stated some very clear rules about the sea and the islands in the West Philippine Sea:

They said that the Spratly Islands (which includes the Kalayaan Island Group) have no real islands under the sea rules in UNCLOS, because none of them can support people living there or have their own economy.

So, these places can’t have their own big sea areas like an Exclusive Economic Zone (EEZ) or a continental shelf.

That means when China takes over some of these islands, it can’t say that the sea around them belongs to China.

The EEZ and continental shelf still belong to the Philippines, because they are measured from the Philippine shores.

The underwater spots called low-tide elevations (LTEs), like Mischief Reef (Panganiban Reef) and Second Thomas Shoal (Ayungin Shoal), are within 200 miles of the Philippines, so they are part of the Philippines' EEZ and continental shelf.
And here’s something important:

LTEs aren’t land, so no one can own them.
So when China took Mischief Reef in 1995, that broke international rules — because that reef is part of the Philippines’ EEZ, and LTEs can’t be taken as territory.

In short:

The court said those islands can’t claim the sea, and China broke the rules by taking a reef that belongs in the Philippines’ sea area.

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The Arbitral Tribunal, in its Award of 12 July 2016, ruled that:

None of the high-tide features of the Spratly Islands (including the KIG) are islands under Article 121 of the UNCLOS because they cannot sustain human habitation or economic life of their own. As such, none of these features can generate entitlements to an EEZ and continental shelf that would overlap with the EEZ and continental shelf of the Philippines measured from its archipelagic baselines along its western coasts.

This means that the high-tide features of the KIG occupied by China do not have EEZ and continental shelf that would overlap with the EEZ and continental shelf of the Philippines measured from its archipelagic baselines along the western coasts of Palawan and the rest of the Philippine archipelago.

Low-tide elevations (LTEs) outside the territorial seas of any high-tide feature of the KIG and located within 200 nautical miles from the archipelagic baselines of the Philippines are part of the EEZ and continental shelf of the Philippines. Mischief Reef (Panganiban Reef) and Second Thomas Shoal (Ayungin Shoal) are such LTEs and therefore they form part of the EEZ and continental shelf of the Philippines.

LTEs are not land territories that can be appropriated. China’s appropriation and occupation of Mischief Reef (Panganiban Reef) since its seizure of the reef in 1995 violates UNCLOS and general international law.

On Bajo de Masinloc, the Arbitral Ruling stated that:

Scarborough Shoal isn’t a real island under the sea rules (UNCLOS), because people can’t live there or make a living from it.

So it can’t have its own sea zone like an EEZ or continental shelf that would take it away from the Philippines’ sea area.

The court also said that Filipino fishermen have traditional rights to fish in the waters around BDM, as they have been doing so for a long time.
When China stopped Filipinos from fishing there, the court said that was against international law.

So, in simple words:

Scarborough Shoal is not a real island, it can’t claim big sea areas, but Filipinos have the right to fish there — China is not allowed to block them.

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The Arbitral Tribunal, in its Award of 12 July 2016, ruled that:

Scarborough Shoal (BDM) is not an island under Article 121 of the UNCLOS because it cannot sustain human habitation or economic life of its own. As such, it cannot generate entitlements to an EEZ and continental shelf that would overlap with the EEZ and continental shelf of the Philippines measured from its archipelagic baselines along the western coasts of Luzon.

Filipinos have traditional fishing rights in the territorial sea of BDM. China’s prevention of fishing therein by Filipinos violated the UNCLOS and general international law.

On violations by the People's Republic of China (PRC) regarding the Philippines’ EEZ and continental shelf, the Arbitral Ruling stated the following:

China made a fishing ban that covered parts of the sea that are actually in the Philippines’ Exclusive Economic Zone (EEZ).

That’s not allowed, because only the Philippines can make rules there.

China also let Chinese fishing boats fish in that area, especially near Panganiban Reef (Mischief Reef) and Ayungin Shoal (Second Thomas Shoal), when they weren’t supposed to.

That breaks the Philippines' sovereign rights (its right to control and protect its own sea).

In another part of the sea called Recto Bank (Reed Bank), China blocked Filipino workers from studying the area to look for oil and gas under the sea.

That’s part of the Philippines’ continental shelf, so only the Philippines has the right to do that.

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The Arbitral Tribunal, in its Award of 12 July 2016, ruled that:

China violated the sovereign rights of the Philippines in its EEZ by promulgating an annual fishing ban in the South China Sea, which includes the waters falling within the EEZ of the Philippines, and by tolerating and failing to prevent Chinese-flagged vessels from unlawfully fishing in the EEZ of the Philippines, particularly in Mischief Reef (Panganiban Reef) and Second Thomas Shoal (Ayungin Shoal).

China violated the sovereign rights of the Philippines in its continental shelf by preventing Philippine contractors from conducting seismic surveys in Reed Bank (Recto Bank).

On violations by the People's Republic of China (PRC) regarding the Philippines’ EEZ and continental shelf, the Arbitral Ruling stated the following:

China made a fishing ban that covered parts of the sea that are actually in the Philippines’ Exclusive Economic Zone (EEZ).

That’s not allowed, because only the Philippines can make rules there.

China also let Chinese fishing boats fish in that area, especially near Panganiban Reef (Mischief Reef) and Ayungin Shoal (Second Thomas Shoal), when they weren’t supposed to.

That breaks the Philippines' sovereign rights (its right to control and protect its own sea).

In another part of the sea called Recto Bank (Reed Bank), China blocked Filipino workers from studying the area to look for oil and gas under the sea.

That’s part of the Philippines’ continental shelf, so only the Philippines has the right to do that.

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The Arbitral Tribunal, in its Award of 12 July 2016, ruled that:

China’s artificial-island building in Mischief Reef (Panganiban Reef), Cuarteron Reef (Calderon Reef), Fiery Cross Reef (Kagitingan Reef), Gaven Reef (Burgos Reef), Johnson Reef (Mabini Reef), Hughes Reef (Chigua Reef) and Subi Reef (Zamora Reef) caused severe and irreparable harm to the marine environment, in violation of UNCLOS.

China also breached its obligation to protect and preserve the marine environment under UNCLOS when it tolerated, protected and failed to prevent the harvesting of endangered species, such as sea turtles and giant claims, on a significant scale in Scarborough Shoal (BDM), by Chinese-flagged vessels.

Not at all.

The arbitration was properly constituted by the Philippines. China’s non-appearance during the proceedings does not remove the Arbitral Tribunal’s power to settle the case. China’s refusal to comply does not remove the power of the decision, in fact it reinforces that China is in violation of its international obligations.

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No, it is not null and void.

As explained by the Arbitral Tribunal in its Award on Jurisdiction and Admissibility of 29 October 2015:

Dispute settlement resolution between State Parties to the UNCLOS is compulsory and can be unilaterally initiated by one of the disputing Parties. The initiation of compulsory arbitration proceedings by the Philippines is in accordance with UNCLOS.

The Arbitral Tribunal was properly constituted in accordance with Annex VII of the UNCLOS.

China’s non-appearance in the arbitration proceedings did not deprive the Arbitral Tribunal of its jurisdiction under UNCLOS.

The maritime dispute brought by the Philippines to the Arbitral Tribunal falls within the jurisdiction of the Tribunal under UNCLOS.

Since the Award was issued by a validly constituted Arbitral Tribunal with jurisdiction over the dispute, China’s refusal to comply with the Award is a grave violation of its international obligations as a State Party to the UNCLOS.

China’s continuing illegal actions in the West Philippine Sea undermines and erodes the rules-based maritime order anchored on UNCLOS, which is considered as the Constitution of the Oceans.

Because the international system has no institutions to enforce the award, the Philippines can gather support of other like-minded member states to keep maritime order. This support can mean conducting joint patrols, sails, and freedom of navigation activities in the West Philippine Sea.

No, the 2016 Arbitral Ruling is not fake or meaningless — it is real and valid.

The Arbitral Tribunal said that:

Sea disputes between countries that signed the UNCLOS (the big rulebook for oceans) must be solved by law, and one country can start the case even if the other says no.

So when the Philippines went to court, it followed the rules.

The judges who made the decision were chosen properly, just like the UNCLOS rulebook says.
Even though China didn’t show up, the court still had the power to decide, because that’s how the UNCLOS rules work.
The problem the Philippines brought to the court, about the sea and who can use it, was exactly the kind of problem the judges are allowed to decide.

So, the court made a real decision.

China saying “no” doesn’t cancel the ruling.
But China refusing to follow the ruling is a serious breaking of international rules.

When China keeps doing illegal things in the West Philippine Sea, it hurts the world’s system of ocean laws, called UNCLOS — which is like the Constitution of the Oceans.

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The international system has no institutions that can enforce the Award against China based on the understanding that the international system works on the voluntary compliance in good faith by States with their international obligations.

In case of refusal to comply with the Award by the offending State (in this case, China), the offended State (in this case, the Philippines) can get the support of other like-minded members of the international community, especially major powers, in order to uphold the rules-based maritime order and persuade the offending State to comply with its international obligations.

This support by the international community is manifested, for instance, by the conduct of joint sails or patrols and freedom of navigation activities in the West Philippine Sea and by the issuance of statements of support by foreign embassies in Manila whenever China engages in aggressive actions against Philippine vessels and Filipino fisherfolk in the West Philippine Sea.

The Arbitral Award continues to receive statements of support from an increasing number of States. It was also cited by the International Tribunal for the Law of the Sea (ITLOS) in its May 2024 Advisory Opinion on Climate Change and is expected to be cited in future opinions and rulings of international tribunals.

Also, the Philippines, by itself, can undertake domestic activities to implement the Arbitral Award.

The Philippines is making sure the 2016 sea ruling is followed by doing things like:

Patrolling the sea regularly and building up its ability to do it better.
Working with other friendly countries to protect free travel in the sea and sky.
Taking care of Filipinos living on the islands by bringing them food and supplies.
Helping Filipino fishermen safely fish in places like Bajo de Masinloc where China tries to block them.
Protecting scientists and workers who study and explore the sea for the Philippines.
Making laws, like the Maritime Zones Act, to defend Philippine sea rights.
Protesting officially when China breaks the rules — and collecting proof of these illegal actions.
Speaking up to the world to show that China’s actions are wrong, and that the sea is not peaceful because of those actions.

These steps help the Philippines stand up for its rights in the West Philippine Sea — and with everyone’s support, it can keep doing so even more strongly.

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The Philippines has implemented the Award by:

Conducting regular maritime patrols in the West Philippine Sea, and in relation thereto, increasing its capacities and capabilities to sustain these patrols and achieve comprehensive maritime domain awareness

Conducting multilateral maritime cooperative activities with like-minded States in the West Philippine Sea, in order to uphold the freedom of navigation and overflight therein

Sustaining and improving the living conditions of Philippine personnel and communities in the KIG through the conduct of regular rotation and resupply missions (RORE)

Escorting Filipino fishermen whenever they fish in the West Philippine Sea, especially in BDM where several China Coast Guard (CCG) vessels have prevented their approach and entry into the territorial sea of BDM

Escorting vessels of Filipino contractors whenever they conduct surveys of the Philippine continental shelf in the West Philippine Sea

Escorting vessels of Filipino scientists whenever they conduct marine scientific research in the West Philippine Sea

Passage of rules and laws that strengthen the rights and entitlements of the Philippines in its maritime zones, particularly in the West Philippine Sea, such as the passage of Republic Act 12064 or the Philippine Maritime Zones Act

Regular filing of diplomatic protests to officially put on record the continuing illegal actions of China in the West Philippine Sea and preserve the right of the Philippines to take any further legal actions

Documenting in a comprehensive manner the continuing illegal actions of China in the West Philippine Sea in order to support the taking of any supplemental legal actions

Undertaking strategic communications in order to expose China’s continuing illegal actions in the West Philippine Sea and destroy the Chinese narrative that the South China Sea is in a peaceful and stable condition

These are just some of the actions of the Philippines in implementing the 2016 Arbitral Award. With the unified support of its citizens, the Philippines can further strengthen its implementation of the Arbitral Award and prevail in the West Philippine Sea.