Political Law, Question IV

Answer
Yes. Other nationalities have rights to fish within our Exclusive Economic Zone (EEZ).

Legal Basis
In the South China Sea Arbitration (Phil v. China), P.C.A. Case No 2013-19 (July 12, 2016), the dispute is rooted in China’s
claim to historic rights to all resources in the maritime areas of the South China Sea. China presumed that through these
historic rights, they are entitled to right of access to fisheries, and petroleum or mineral resources. The Permanent Court of
Arbitration, citing article 58 of the United Nations Convention on Laws of the Sea (UNCLOS III), held that all other States
are entitled to fishing rights “and other internationally lawful uses of the sea” in the EEZ. These freedoms were further
specified in article 87, section 1(e) of the UNCLOS III, which gives all States the “freedom of fishing” in the EEZ. These
freedoms however do not include the right to petroleum or mineral resources.

Analysis
Similar to Phil v. China, there is a presumption of Vietnam’s historic fishing rights to the area that is 80 nautical miles from
Palawan to catch the Philippines’ famous lapu-lapu. However they are being prohibited by the Philippines through the
Philippine Coast Guard from fishing in the area, by virtue of the campaign against intrusion into our EEZ brought about the
Phil v. China ruling.

Conclusion
Hence, Vietnam is allowed to fish in the area. Pursuant to Phil v. China, other states are afforded freedoms through the
UNCLOS III. Among these freedoms is the freedom to fish.

Submitted by:
Kit, Ma. Bianca Ysabelle C.
Rioflorido, Cristina Andrea N.