Environmental Atrocities in the South China Sea: The Science Behind Conservation Recourse

Abstract

Extensive damage to reefs and exploitation of threatened species of the South China Sea raise questions regarding national obligations under international treaties. An historic test of these obligations under the United Nations Convention on the Law of the Sea (UNCLOS) was presented by the Philippine government before the Permanent Court of Arbitration at the International Court of Justice at the Peace Palace in Den Hague in November 2015. High resolution satellite imagery and on-site photographs, videos, and eye witness accounts provide ample evidence of unparalleled direct environmental damage to highly productive and biodiverse coral reefs of the South China Sea. Experts witness testimony indicated that this damage is a result of extensive island building on reef flats and sedimentation from dredging activities. Scientific evidence also indicates that this damage to coral reefs is likely to influence reef productivity throughout the region, including in adjacent Exclusive Economic Zones. Additional evidence of unrestrained exploitation targeting giant clams, corals, and reef fishes was presented that are indicative of irresponsible fishing practices and pose additional threats to endangered species. The decision of the Tribunal of the Permanent Court of Arbitration was handed down in July 2016 that upheld the claims of the Philippines government and has far-reaching policy implications for environmental actions in international waters. An evaluation of the ruling of the tribunal shows that nearly all points presented under UNCLOS were merited, with the possible exception of claims of connectivity of reefs of the South China Seas with adjacent Exclusive Economic Zones. Further research is needed to provide evidence for this claim.