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Exclusive Economic Zone and South China Sea

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Exclusive Economic Zone and South China Sea
THE IMPOSSIBILITY OF A PERFECT POLICY
The UNCLOS supposedly has the ultimatum to govern the global-territorial policy for inter-country armistice, but recent events have contradicted this supposed all-abiding global supremacy. The Scarborough Shoal dispute somewhat poses itself as an argumentative testimony against the jurisdiction and power of the Law of the Seas; precisely because not all countries accustom the UNCLOS as their basis for territorial sovereignty and economic jurisdiction, possibly caused by the different sovereign beliefs each country possesses due to cultural and historical events that it has undergone. There is then a need to analyze the different bases for sovereignty of each country, prioritizing the countries involved in the recent and ongoing Scarborough Shoal Dispute in comparison with the policies of the UNCLOS; which would then reveal the juxtaposed grounds on sovereignty, giving a clear picture on what an all-abiding territorial law should cover in order to attain smooth territorial division and agreement. My goal would then be, not to formulate a newfound policy, but rather to state the newfound grounds that have been formed by the amalgamation of the multiple levels in the societal structure of each country, ranging from cultural bases to the implemented Exclusive Economic Zones (EEZ).
It is thus important to state the status quo of the current island dispute and the stand of each involved country, this would prove to be an important reference throughout the essay, for the policies of the each country would later be contrasted with these stands in order to formulate the terms an ideal policy would have to placate in order to attain global-territorial agreement.
The main countries involved in the Scarborough Shoal dispute are China and the United States of America, involved through the medium of the Philippines, but since the essay seeks to analyze the dispute in terms of territoriality, we focus on China and Philippines and then



References: “Why to Forget UNCLOS”. Dan Blumenthal & Michael Mazza. The Diplomat, Feb. 17, 2102. iiiiiWeb. 06 October 2012 “China’s Claim in Spratlys ‘Groundless’”. Jojo Malig. ABS-CBNnews.com, Aug. 2, 2012. Web. iiiii06 October 2012 “Part V: Exclusive Economic Zone”. United Nations (UN). UN.org, 2012. Web. 06 October iiiii2012 “Part II: Territorial Sea and Contiguous Zone”. United Nations (UN). UN.org, 2012. Web. 06 iiiiiOctober 2012 “Part I: Premeable”. United Nations (UN). UN.org, 2012. Web. 06 October 2012 “Part IX: Section 5: Settlement of Disputes and Advisory Options”. United Nations (UN). iiiiiUN.org, 2012. Web. 06 October 2012 “Scarborough Shoal: It’s PH Map vs. China Map”. Jerry E. Esplanada. ABS-CBNnews.com, iiiiiJun. 15, 2012. Web. 09 October 2012 “US Senate Mulls UNCLOS Ratification”. Rodney Jaleco. ABS-CBNnews.com, Jun. 22, 2012. iiiiiWeb. 09 October 2012

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