MANILA, Philippines — The Philippines cannot claim Benham Rise as its own territory despite it being part of the country's 200-nautical mile exclusive economic zone, Beijing said.
"But it does not mean that the Philippines can take it as its own territory," the Chinese Foreign Ministry said in a recent statement.
Meanwhile, international law professor Professor Julian Ku of Hofstra University said that the Chinese Foreign Ministry's response to the issue is confusing and troubling.
Geng noted that the UN commission approved the Philippines' submission in 2009 claiming Benham Rise is on its extended continental shelf, but the spokesperson also claims that the UN approval does not mean that the region is part of the Philippines' territory.
"Actually, that's what it means. UNCLOS Art. 76(8) makes those [Commission on the Limits of the Continental Shelf] recommendations 'final and binding' if [the Philippines] accepts (it did)," Ku said on Twitter.
"The rights referred to in paragraph 1 are exclusive in the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may undertake these activities without the express consent of the coastal State," the UNCLOS states.