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Philippine judge rules out South China Sea gas deal unless Beijing recognises Manila’s sovereignty

Joint venture exploration project is in the Reed Bank area of disputed waterway, which The Hague ruled was part of the Philippines’ exclusive economic zone

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The Philippines has identified two areas in the South China Sea that are suitable for joint exploration, but Beijing and Manila have to overcome the diplomatic and legal headaches of jointly exploring in the waters. Photo: Xinhua

Any deal between the Philippines and a Chinese firm to jointly explore for gas on Reed Bank in the South China Sea would be illegal unless Beijing recognised Manila’s sovereign rights there, a Philippine judge said on Monday.

The Philippines has identified two areas in the crowded waterway suitable for joint exploration and the two countries are seeking ways to tackle the diplomatic and legal headaches of jointly exploring in the waters, but without addressing the issue of sovereignty.

Reed Bank is claimed by both sides, but international law says it falls within the exclusive economic zone (EEZ) of the Philippines. China says it falls within the so-called nine-dash line on maps recording its historic rights in the area.

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Antonio Carpio, the acting top judge of the Supreme Court, said it was legal for the Philippines’ energy ministry to talk to state-owned China National Offshore Oil Corp (CNOOC) as a possible subcontractor.

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“There’s no problem as long as CNOOC recognises that that is our exclusive economic zone,” he told news channel ANC. “But that is the problem, because CNOOC will not recognise [Philippine jurisdiction].”

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