WHY OUR EXCLUSIVE ECONOMIC ZONE (EEZ) IS CRUCIALLY IMPORTANT AND THE STATE'S CONSTITUTIONAL DUTY TO PROTECT OUR EEZ By Roilo Golez, Former Philippine National Security Adviser

WHY OUR EXCLUSIVE ECONOMIC ZONE (EEZ) IS CRUCIALLY IMPORTANT AND THE STATE'S CONSTITUTIONAL DUTY TO PROTECT OUR EEZ

By Roilo Golez, Former Philippine National Security Adviser

The Philippine Exclusive Economic Zone has an area of around 2.2 million square kilometers. It is bigger than the EEZ of China which is only a little over 800,000 square kilometers (now we know why they are lusting for the EEZs of their neighbor countries).

The area of the EEZ is much bigger than the territory of the Philippines measured at around 300,000 square kilometers, .61% of which is inland waters.

Per UNCLOS, in our EEZ, the Philippines has "sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds." Imagine all that wealth (oil, natural gas, minerals, fish, energy source, etc.) that the Philippines can enjoy without being obstructed by China's military and coast guard power.

The Constitution recognizes the importance of the EEZ to our National Economy and Patrimony and mandates the protection of our EEZ as follows (Article XII, Section 2):

"The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens."

Almost half of our EEZ is in the West Philippine Sea, major parts of which have been seized and occupied by or effectively blockaded by China (Mischief Reef, Ayungin Shoal and Scarborough Shoal). The huge Recto Bank (around 8,800 square kilometers is also being targeted by China. WE CANNOT YIELD THIS TO CHINA UNDER ANY CIRCUMSTANCE. IT WILL BE UNCONSTITUTIONAL TO DO SO.

I am worried that if we do not protect our EEZ as mandated by the Constitution, we face the risk of aggressive countries targeting BENHAM RISE (shown in map), this time a part of our Continental Shelf with an area of 13 million hectares or 30% of our original area of 30 million hectares.

The Exclusive Economic Zone is defined as follows by UNCLOS:

Article55

Specific legal regime of the exclusive economic zone

The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention.

Article56

Rights, jurisdiction and duties of the coastal State in the exclusive economic zone

1. In the exclusive economic zone, the coastal State has:

(a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds;

(b) jurisdiction as provided for in the relevant provisions of this Convention with regard to:

(i) the establishment and use of artificial islands, installations and structures;

(ii) marine scientific research;

(iii) the protection and preservation of the marine environment;

(c) other rights and duties provided for in this Convention.

2. In exercising its rights and performing its duties under this Convention in the exclusive economic zone, the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention.

3. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI.

Article57

Breadth of the exclusive economic zone

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.