The Tribunal determined that Mischief Reef, Second Thomas Shoal and Reed Bank are lowtide elevations that form part of the Philippine EEZ and continental shelf. Accordingly, the Tribunal ruled that the Philippines has exclusive rights to explore and exploit the living and non-living resources in its EEZ and continental shelf. Initial exploration of the Reed Bank by the Philippine Department of Energy in 2005 revealed that the area contains about 3.4 trillion cubic feet of natural gas and 440 million barrels of oil.37 If confirmed, these oil and gas fields could provide
ing the Philippines.39 Article IV of the U.S.-Philippines Mutual Defense Treaty (MDT) provides that “[e]ach Party recognizes that an armed attack in the Pacific area on either of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.”40 An armed attack includes “an armed attack on … its armed forces, public vessels or aircraft in the Pacific.”41 Therefore, although the U.S. does not recognize Philippines territorial claims in the South China Sea, an attack by Chi-
The Tribunal’s decision could embolden the Philippines to reinvigorate its resource exploration and exploitation efforts in the vicinity of these features, and based on past practice it is not inconceivable that Manila will deploy naval ships and aircraft to support these efforts. much needed energy resources to fuel the Philippine economy.38 The Tribunal also found that China had violated its duty to respect Filipino traditional fishing rights at Scarborough Shoal. The Tribunal’s decision regarding these matters could embolden the Philippines to reinvigorate its resource exploration and exploitation efforts in the vicinity of these features, and based on past practice it is not inconceivable that Manila will deploy naval ships and aircraft to support these efforts. Although the U.S. does not recognize the Philippines’ claims to the Kalayaan Island Group (KIG) in the Spratlys, U.S. officials have repeatedly stated that the U.S. will honor its security commitments to allies and partners in the region, includ-
37
Jaime Laude, “Spratlys: Chinese Jets Buzzed PAF Patrol Planes/Noy – No Hurry to Protest,” Philippine Star, May 21, 2011.
38
Al Labita, “Philippines Embraces U.S., Repels China,” Asia Times, March 22, 2011; Alena Mae S. Flores, “UK Oil Firm Completes South China Sea Survey,” Manila Standard, March 23, 2011.
214 • South China Sea Think Tank • Taiwan Center for Security Studies
nese forces against the BRP Sierra Madre (LT-57) at Second Thomas Shoal or other Filipino military units enforcing Philippine resource rights in the KIG or Scarborough Shoal, could trigger U.S. defense commitments under the MDT.
Policy Options Although the U.S. does not take a position with regard to the legal merits of the competing claims to sovereignty over the various land features in the South China Sea, the Tribunal’s de39
Daniel Russel, SFRC Testimony; Daniel Russel, “Remarks at the Fifth Annual South China Sea Conference,” Center for Strategic and International Studies / Bureau of East Asian and Pacific Affairs, July 21, 2015, <http://www. state.gov/p/eap/rls/rm/2015/07/245142.htm>; Tarra Quismundo, “US: We stand by our allies,” Philippine Daily Inquirer, April 5, 2014, <http://globalnation.inquirer. net/101672/us-we-stand-by-our-allies>.
40
The Mutual Defense Treaty between the Philippines and the United States of America, 1951, 3 UST 3947, TIAS 2529, 177 UNTS 77, Art. IV.
41
The Mutual Defense Treaty between the Philippines and the United States of America, 1951, 3 UST 3947, TIAS 2529, 177 UNTS 77, Art. V.