RIVAL CLAIMS IN THE SOUTH CHINA SEA Reporter: Jose Angelito P. Angeles

RIVAL CLAIMS IN THE SOUTH CHINA SEA

Reporter: Jose Angelito P. Angeles

Geographical Geographical BackgroundBackground

GEOGRAPHICAL

BACKGROUND

Known traditionally to the Chinese simply Known traditionally to the Chinese simply as the Nai Hai or Southern Sea, and seen as the Nai Hai or Southern Sea, and seen by them as a single, uninterrupted sea by them as a single, uninterrupted sea linking China with the west.linking China with the west.

The South China SeaThe South China Sea

The Four Principal The Four Principal Island-Atoll GroupsIsland-Atoll Groups Pratas Island and Reefs (Tung-sha Pratas Island and Reefs (Tung-sha

ch’ün-tao)ch’ün-tao) Paracel Islands (His-sha ch’ün-Paracel Islands (His-sha ch’ün-

tao)tao) Macclesfield BankMacclesfield Bank Spratly Islands (Nan-sha ch’ün-Spratly Islands (Nan-sha ch’ün-

tao)tao)

Pratas IslandPratas Island

LOCATION:LOCATION: 170 170 nautical miles (315 nautical miles (315 kms) southeast of kms) southeast of Hong Kong; 240 Hong Kong; 240 nautical miles (445 nautical miles (445 km) southwest of km) southwest of Taiwan; and about Taiwan; and about 269 nautical miles 269 nautical miles (500 km) north of (500 km) north of the Paracels.the Paracels.

Consist of one island Consist of one island and two small banks and two small banks (North and South (North and South Vereker)Vereker)

Pratas IslandPratas Island

Pratas Island and reefs are Pratas Island and reefs are generally recognized as Chinese generally recognized as Chinese territory. territory.

The island was occupied by the The island was occupied by the Chinese during the Ming Chinese during the Ming DynastyDynasty

The island is presently occupied The island is presently occupied by Taiwan.by Taiwan.

The matter of “technical The matter of “technical sovereignty” is a matter of sovereignty” is a matter of dispute between Taiwan and dispute between Taiwan and China.China.

Macclesfield BankMacclesfield Bank

LOCATION: about 100 km east of the LOCATION: about 100 km east of the ParacelsParacels

Macclesfield Bank proper is actually a Macclesfield Bank proper is actually a wholly submerged atoll, the reef and wholly submerged atoll, the reef and banks of which constitute a major banks of which constitute a major shipping hazard.shipping hazard.

Macclesfield BankMacclesfield Bank

Chinese claims of Macclesfield Bank Chinese claims of Macclesfield Bank include several shoals and reefs far include several shoals and reefs far beyond the commonly accepted beyond the commonly accepted western designation of the bank. western designation of the bank.

These include two shoals: Scarborough These include two shoals: Scarborough Shoal (disputed by China and the Shoal (disputed by China and the Philippines) and Truro Shoal.Philippines) and Truro Shoal.

The ParacelsThe Paracels

LOCATION: 720 LOCATION: 720 nautical miles (1334 nautical miles (1334 km) from Taiwan, 380 km) from Taiwan, 380 nautical miles (704 nautical miles (704 km) from Hong Kong, km) from Hong Kong, 150 nautical miles 150 nautical miles (278 km) from the (278 km) from the southern coast of southern coast of Hainan Island, and Hainan Island, and 240 nautical miles 240 nautical miles (445 km) from Da (445 km) from Da Nang, VietnamNang, Vietnam

Woody Island, the main island of the Paracels

The ParacelsThe Paracels

The archipelago consists of two main The archipelago consists of two main groups of islets: The Amphitrite and groups of islets: The Amphitrite and Crescent Groups.Crescent Groups.

Richly covered with vegetation Richly covered with vegetation (Papaya, bread-fruit and coconuts are (Papaya, bread-fruit and coconuts are the main cultegens)the main cultegens)

Principal source of guanoPrincipal source of guano Traditional fishing grounds for Hainan Traditional fishing grounds for Hainan

fishermen for centuries.fishermen for centuries.

The SpratlysThe Spratlys

LOCATIONLOCATION ( (by by nearest-point measures):nearest-point measures): about 100 km west of about 100 km west of Palawan Island Palawan Island (Philippines), 160 km (Philippines), 160 km west of the Sarawak coast west of the Sarawak coast (Malaysia), 650 km east (Malaysia), 650 km east of the Vietnamese coast, of the Vietnamese coast, and about 1,000 km from and about 1,000 km from Hainan Island (China) to Hainan Island (China) to the northernmost edge of the northernmost edge of the Spratlysthe Spratlys


The Spratlys The Spratlys constitute at least constitute at least 190 barren islets 190 barren islets and partially and partially submerged reefs submerged reefs and rocks and rocks covering an covering an approximately approximately 150,000 square 150,000 square mile.mile.


The Spratlys are The Spratlys are geologically geologically separated from the separated from the continental shelves of continental shelves of China by a 3,000-China by a 3,000-meter trench to the meter trench to the north, and from the north, and from the Philippines, Brunei, Philippines, Brunei, Malaysia by the East Malaysia by the East Palawan Trough.Palawan Trough.

The area is poorly The area is poorly surveyed and marked surveyed and marked as Dangerous Ground as Dangerous Ground on navigational on navigational charts.charts.

The Spratlys: ClaimsThe Spratlys: Claims

China, Taiwan and Vietnam China, Taiwan and Vietnam claim the entire areas.claim the entire areas.

The Philippines, Malaysia, and The Philippines, Malaysia, and Brunei claim some parts.Brunei claim some parts.

All except Brunei occupy islets All except Brunei occupy islets to support their claimsto support their claims

Historical BackgroundHistorical Background

1876-18771876-1877

China’s first ambassador to Britain, Kao China’s first ambassador to Britain, Kao Sung-Tao is reported to have stated that Sung-Tao is reported to have stated that the Paracels belong to china, and an the Paracels belong to china, and an implicit claim to the Spratlys might be implicit claim to the Spratlys might be dated to 1883 when the Chi’ng dated to 1883 when the Chi’ng government officially protested a German government officially protested a German state-sponsored expedition to the islands.state-sponsored expedition to the islands.

June 26, 1887June 26, 1887

The Convention respecting the Delimitation of The Convention respecting the Delimitation of the Frontier between China and Tonkin was the Frontier between China and Tonkin was signed.signed.

The Convention was the earliest official Chinese The Convention was the earliest official Chinese claim on the islands of South China Sea and the claim on the islands of South China Sea and the first international agreement in that regard.first international agreement in that regard.

Since then, china argued, the delimitation law Since then, china argued, the delimitation law provided by the Convention clearly inferred that provided by the Convention clearly inferred that the Paracels and Spratlys were part of China and the Paracels and Spratlys were part of China and recognized by such by France.recognized by such by France.

19021902

Three warships from the Canton Three warships from the Canton fleet, under the direction of fleet, under the direction of Admiral Li Chun and Vice General Admiral Li Chun and Vice General Wu Ching-yung, succeeded in Wu Ching-yung, succeeded in planting imperial flags and stone planting imperial flags and stone tablets commemorating the tablets commemorating the arrival of formal Chinese authorityarrival of formal Chinese authority

1912-19321912-1932

During the first 20 years of the During the first 20 years of the Republic of China various efforts Republic of China various efforts were made to confirm China’s were made to confirm China’s interest in and claim over the interest in and claim over the Paracels.Paracels.

Most of those efforts focused on Most of those efforts focused on different merchant groups engaged different merchant groups engaged in the exploitation of guano/ in the exploitation of guano/ phosphate reserves of the Paracels.phosphate reserves of the Paracels.

19281928

An official Chinese government An official Chinese government report states that the report states that the southernmost delineation of southernmost delineation of Chinese territory is the XiSha Chinese territory is the XiSha Islands (Paracels), there is no Islands (Paracels), there is no mention of the Spratly Islands mention of the Spratly Islands being Chinese being Chinese

French-Japanese Dispute French-Japanese Dispute over the Spratlysover the Spratlys

APRIL, 1930 – France APRIL, 1930 – France declared formal declared formal possession of Spratly possession of Spratly IslandsIslands

China did not protest; China did not protest; Japan filed formal protest.Japan filed formal protest.

Japan considered the Japan considered the occupation an occupation an infringement upon the infringement upon the rights of Japanese rights of Japanese commercial interest in the commercial interest in the islands, as the Spratlys islands, as the Spratlys had been occupied and had been occupied and mined for years by various mined for years by various Japanese phosphate Japanese phosphate companies.companies.

Sino- French Dispute Sino- French Dispute over the Paracelsover the Paracels

DECEMBER 4, DECEMBER 4, 1931 – France 1931 – France filed an official filed an official protest and note protest and note with the Chinese with the Chinese legation in Paris in legation in Paris in response to response to Chinese efforts to Chinese efforts to open the Paracels open the Paracels for guano mining.for guano mining.

The French The French ClaimClaim The claim was based on the incorporation of the The claim was based on the incorporation of the

Paracels by King Gia Long in 1816 and the Paracels by King Gia Long in 1816 and the construction of a pagoda and stone tablet on one construction of a pagoda and stone tablet on one of the islands by King Ming Mang in 1835of the islands by King Ming Mang in 1835

France claimed the Paracels for its Indo-Chinese France claimed the Paracels for its Indo-Chinese Empire and on June 15, 1932, the Paracels was Empire and on June 15, 1932, the Paracels was incorporated into Thua Tien Province and incorporated into Thua Tien Province and henceforth known as the Delegation des henceforth known as the Delegation des Paracels.Paracels.

Japanese Expansion Japanese Expansion inin the South China Seathe South China Sea 1937- Start of the Sino-Japanese War1937- Start of the Sino-Japanese War February 28, 1939 – Hainan fell to the Japanese February 28, 1939 – Hainan fell to the Japanese

(it sealed off the northeastern edges of the Guld (it sealed off the northeastern edges of the Guld of Tonkin). Later, French Indochina fell to the of Tonkin). Later, French Indochina fell to the Japanese.Japanese.

March 1, 1939- Paracels fell to the JapaneseMarch 1, 1939- Paracels fell to the Japanese March 30, 1939 – The Japs occupied the SpratlysMarch 30, 1939 – The Japs occupied the Spratlys April 9, 1939- Japane declared complete April 9, 1939- Japane declared complete

occupation of Pratas Island, the Paracels and the occupation of Pratas Island, the Paracels and the Spratlys.Spratlys.

December 8, 1941 – Japanese attacked the December 8, 1941 – Japanese attacked the PhilippinesPhilippines

May, 1942 – The Philippines fell to the Japanese.May, 1942 – The Philippines fell to the Japanese.

Post-War South China Post-War South China SeaSea

Post-War PeriodPost-War Period

August 1945 – Japan surrendered to August 1945 – Japan surrendered to the Allied Powersthe Allied Powers

1946 – Chinese concerns about French 1946 – Chinese concerns about French movements into the Spratlys resulted movements into the Spratlys resulted in the first post-war Chinese naval in the first post-war Chinese naval expedition to the islandsexpedition to the islands

July 1946 - China (ROC) sent a July 1946 - China (ROC) sent a battleship on patrol of the South China battleship on patrol of the South China Sea to take possession of the islands.Sea to take possession of the islands.

Chinese Chinese AssertivenessAssertiveness

December 1946 – China (ROC) sent a December 1946 – China (ROC) sent a naval task force to take formal naval task force to take formal possession of the Paracels and Spratlys.possession of the Paracels and Spratlys.

January 1947- China (ROC) declared January 1947- China (ROC) declared formal occupation and incorporation of formal occupation and incorporation of the Paracelsthe Paracels

France officially objected to the Chinese France officially objected to the Chinese occupation of the Paracels. The French occupation of the Paracels. The French occupied Pattle Island and there re-occupied Pattle Island and there re-established their old administrative established their old administrative center.center.

Chinese Chinese AssertivenessAssertiveness

December 1, 1947 – China (ROC) December 1, 1947 – China (ROC) announces the formal incorporation of announces the formal incorporation of all four island groups in the South all four island groups in the South China Sea into Kwantung Province.China Sea into Kwantung Province.

December 12, 1947 – The first Chinese December 12, 1947 – The first Chinese naval administrator for the Spratlys naval administrator for the Spratlys arrived to take up his post on Itu Aba arrived to take up his post on Itu Aba Island.Island.

France issued no protestFrance issued no protest

Post-War Post-War DevelopmentsDevelopments 1945 – Vietnam’s Communist leader Ho 1945 – Vietnam’s Communist leader Ho

Chi Mihn declared Vietnamese Chi Mihn declared Vietnamese independence; French re-colonization of independence; French re-colonization of Indo-China was met with stiff resistance.Indo-China was met with stiff resistance.

1945-1954 – First Vietnam War – 1945-1954 – First Vietnam War – Vietnam’s War of Independence.Vietnam’s War of Independence.

December 1949 – The government of December 1949 – The government of China (ROC) retreated to the island of China (ROC) retreated to the island of Taiwan after the Communists took over Taiwan after the Communists took over mainland China.mainland China.

Post-War Post-War DevelopmentsDevelopments May-July 1950 – China (ROC) forces in May-July 1950 – China (ROC) forces in

Hainan and the Paracels were withdrawn Hainan and the Paracels were withdrawn to Taiwan.; Theirs positions were to Taiwan.; Theirs positions were immediately assumed by units of the immediately assumed by units of the People’s Liberation Army (Red China)People’s Liberation Army (Red China)

July 1950 – China (ROC) base on Itu Aba July 1950 – China (ROC) base on Itu Aba was abandoned.was abandoned.

October 1950 – France officially ceded October 1950 – France officially ceded control of the Paracels to Vietnam, control of the Paracels to Vietnam, though some French troops were though some French troops were “intermittently stationed” in the islands “intermittently stationed” in the islands until 1956.until 1956.

The San Francisco The San Francisco Peace Treaty (1951)Peace Treaty (1951) Signed on September 8, 1951Signed on September 8, 1951 Article 2 of the said treaty provides: Article 2 of the said treaty provides:

““Japan renounces all rights, title and Japan renounces all rights, title and claim to the Spratly Islands and to the claim to the Spratly Islands and to the Paracel Islands.”Paracel Islands.”

However, the article did not entail However, the article did not entail devolution or reversion of the territory devolution or reversion of the territory to one or another previous owner or to one or another previous owner or claimant.claimant.

The Sino-The Sino-Japanese Japanese Peace Treaty Peace Treaty (1952)(1952) China (ROC) negotiated a separate China (ROC) negotiated a separate

peace treaty with Japan.peace treaty with Japan. Signed on April 29, 1952.Signed on April 29, 1952. Article 2 of the said treaty were almost Article 2 of the said treaty were almost

synonymous with those found in the synonymous with those found in the San Francisco Treaty.San Francisco Treaty.

The Two TreatiesThe Two Treaties

San Francisco Treaty of San Francisco Treaty of 1951:1951:

Japan renounces all Japan renounces all rights, title and claim to rights, title and claim to the Spratly Islands and the Spratly Islands and to the Paracel Islands.”to the Paracel Islands.”

The Sino-Japanese The Sino-Japanese Treaty:Treaty:

““it is recognized that it is recognized that under Article 2 of the under Article 2 of the Treaty of Peace with Treaty of Peace with Japan signed at the city Japan signed at the city of San Francisco in the of San Francisco in the United States of America United States of America on September 8, 1951, on September 8, 1951, Japab has renounced all Japab has renounced all right, title and claim to right, title and claim to Taiwan (Formosa), and Taiwan (Formosa), and P’eng-hu (Pescadores) P’eng-hu (Pescadores) as well as the Spratly as well as the Spratly and Paracel Islands.and Paracel Islands.

The Paracels (1950s)The Paracels (1950s)

South Vietnam (Saigon) held South Vietnam (Saigon) held control of the Crescent Group.control of the Crescent Group.

The Red Chinese (China, PROC) The Red Chinese (China, PROC) controlled the Amphitrite Group.controlled the Amphitrite Group.

The Spratlys: 1950sThe Spratlys: 1950s

The withdrawal of ROC forces The withdrawal of ROC forces from Itu Aba Island rendered the from Itu Aba Island rendered the Spratlys effectively deserted.Spratlys effectively deserted.

The Islands,however, were The Islands,however, were continued to be used by Hainan, continued to be used by Hainan, Vietnamese, and other fishermen.Vietnamese, and other fishermen.

The Cloma The Cloma IncidentIncident

1947- Thomas Cloma, a Filipino businessman 1947- Thomas Cloma, a Filipino businessman and lawyer, claimed the discovery of the and lawyer, claimed the discovery of the Spratly Islands and starts a settlement. Spratly Islands and starts a settlement.

1951- The San Francisco Treaty is passed. 1951- The San Francisco Treaty is passed. The Philippines claim that this treaty nullifies The Philippines claim that this treaty nullifies all previous ownership of the islands, all previous ownership of the islands, because Japan does not cede the territory a because Japan does not cede the territory a country. country.

1956- Cloma declares that the islands are a 1956- Cloma declares that the islands are a "protectorate" called Kalaya'an or "protectorate" called Kalaya'an or Freedomland Freedomland

The KalayaansThe Kalayaans

MAY 15, 1956 – Cloma informed MAY 15, 1956 – Cloma informed Philippine Vice President and Foreign Philippine Vice President and Foreign Affairs Secretary Carlos P. Garcia that Affairs Secretary Carlos P. Garcia that he had claimed the Kalayaan Islands, he had claimed the Kalayaan Islands, and were then in the process of and were then in the process of surveying and occupying the islands.surveying and occupying the islands.


Cloma based the Cloma based the claim on “right of claim on “right of discovery and/or discovery and/or occupation.occupation.

Cloma’s claim Cloma’s claim included most of the included most of the islands of the islands of the Spratlys, namely: Spratlys, namely: Spratly Island, Itu Aba, Spratly Island, Itu Aba, Nam Yit, and Thitu as Nam Yit, and Thitu as well as such important well as such important reefs and shoals as reefs and shoals as North Danger Reef, North Danger Reef, Mariveles Reef and Mariveles Reef and Investigation Shoal.Investigation Shoal.


““Insofar as the Department of Foreign Insofar as the Department of Foreign Affairs is concerned, it regards the islands, Affairs is concerned, it regards the islands, islets, coral reefs, shoals, and sand cays islets, coral reefs, shoals, and sand cays comprised within what you called comprised within what you called “Freedomland,” with the exclusion of those “Freedomland,” with the exclusion of those belonging to the seven-island group known belonging to the seven-island group known internationally as the Spratlys, as res internationally as the Spratlys, as res nullius…which means , in other words, that nullius…which means , in other words, that they are open to economic exploitation and they are open to economic exploitation and settlement by Filipino nationals, who have settlement by Filipino nationals, who have as much right under international law as as much right under international law as nationals of any other country to carry on nationals of any other country to carry on such activities,so long as the exclusive such activities,so long as the exclusive sovereignty of any other country over them sovereignty of any other country over them has not been established….”has not been established….”


June 1956 – Saigon and Taipei issued several June 1956 – Saigon and Taipei issued several stern protestsstern protests

China (PROC) issued its own protest through China (PROC) issued its own protest through the New China News Agency and declared the New China News Agency and declared Cloma’s claim of discovery so much Cloma’s claim of discovery so much ‘nonsense’‘nonsense’

June 9, 1956 – France informed the Philippine June 9, 1956 – France informed the Philippine Government that the former regarded the Government that the former regarded the Spratlys as French territory, for these islands, Spratlys as French territory, for these islands, had never been ceded to South Vietnam.had never been ceded to South Vietnam.

The Philippine Government quickly informed The Philippine Government quickly informed Saigon and Taipei that the Philippines had Saigon and Taipei that the Philippines had made no official claim on the area.made no official claim on the area.


July 11, 1956 – China (ROC) re-occupied and July 11, 1956 – China (ROC) re-occupied and maintained a garrison on Itu Aba.maintained a garrison on Itu Aba.

Saigon sent a destroyer to patrol the Spratlys Saigon sent a destroyer to patrol the Spratlys and reached Spratly Island in August 1956and reached Spratly Island in August 1956

1960-1963- ROC teams were dispatched to 1960-1963- ROC teams were dispatched to occupy and erect boundary markers on Thi Tu, occupy and erect boundary markers on Thi Tu, Nam Yit and other islands in the Spratlys.Nam Yit and other islands in the Spratlys.

1968- Filipino troops are stationed at Kota, 1968- Filipino troops are stationed at Kota, Pagasa, and ParolaPagasa, and Parola

!969- Taipei announced that regular mail !969- Taipei announced that regular mail delivery system now linked Kaoshiung and Itu delivery system now linked Kaoshiung and Itu Aba.Aba.

1970s1970s

Global Oil CrisisGlobal Oil Crisis Vietnam WarVietnam War Re-examination of US Foreign Re-examination of US Foreign

Policy towards China, PROC Policy towards China, PROC (hereinafter referred simply as (hereinafter referred simply as China)China)

The deterioration of China, ROC’s The deterioration of China, ROC’s (hereinafter referred as Taiwan) (hereinafter referred as Taiwan) international position.international position.

Enter the Enter the PhilippinesPhilippines

July 9, 1971 – Philippine July 9, 1971 – Philippine House Minority Leader and House Minority Leader and Palawan Congressman Palawan Congressman Ramon Mitra, Jr. reported Ramon Mitra, Jr. reported the “discovery” of a large the “discovery” of a large ROC garrison on Itu Aba ROC garrison on Itu Aba and charged that ROC and charged that ROC patrol vessels had fired patrol vessels had fired upon an unarmed upon an unarmed philippine craft operating philippine craft operating in the Spratlys, namely his in the Spratlys, namely his own sport fishing vessel.own sport fishing vessel.

Enter the Enter the PhilippinesPhilippines

July 1971- Philippine July 1971- Philippine President Ferdinand E. President Ferdinand E. Marcos announced the Marcos announced the Philippines’ formal claim Philippines’ formal claim to the islands and waters to the islands and waters of the Spratlys.of the Spratlys.

President Marcos noted President Marcos noted that these islands “are that these islands “are regarded as regarded as res nulliusres nullius and may be acquired and may be acquired according to the modes of according to the modes of acquisition recognized acquisition recognized under international law, under international law, among which are among which are occupation and effective occupation and effective administration.”administration.”

The Philippine The Philippine ClaimClaim

President Marcos President Marcos reaffirmed the argument reaffirmed the argument expressed by Vice Pres. expressed by Vice Pres. Garcia in 1956 that the Garcia in 1956 that the Spratly Islands was to Spratly Islands was to be divided into two be divided into two separate entities: a core separate entities: a core group of islands group of islands including Itu Aba and including Itu Aba and Spratly Island said to be Spratly Island said to be under the de facto under the de facto trusteeship of the Allied trusteeship of the Allied Powers, and a group of Powers, and a group of some 53 islands known some 53 islands known as Kalayaan unilaterally as Kalayaan unilaterally declared to be as res declared to be as res nullius.nullius.

The Philippine The Philippine ClaimClaim

April 1972 – Kalayaan was April 1972 – Kalayaan was officially made part of officially made part of Palawan, to be administered Palawan, to be administered as single municipality.as single municipality.

1974- The Philippines occupy 1974- The Philippines occupy five features : Nanshan Island five features : Nanshan Island ( Lawak), Flat Island (Patag), ( Lawak), Flat Island (Patag), West York Island (Likas), West York Island (Likas), Northeast Cay (Parola) and Northeast Cay (Parola) and Thitu Island ( Pagasa). Thitu Island ( Pagasa).

June 11, 1978- President June 11, 1978- President Marcos issued Presidential Marcos issued Presidential Decree No. 1596 annexing Decree No. 1596 annexing the Kalayaan Islands. the Kalayaan Islands.

The Philippine ClaimThe Philippine Claim

1978- The Philippines 1978- The Philippines occupy eight features. occupy eight features. The additions are The additions are Lankiam Cay (Panata), Lankiam Cay (Panata), Loaita Island (Kota), and Loaita Island (Kota), and Commodore Reed Commodore Reed (Rizal) (Rizal)

1982- A public 1982- A public statement is made by statement is made by Prime Minister Caesar Prime Minister Caesar Virata that the Spratly Virata that the Spratly Islands will be defended Islands will be defended militarily with reference militarily with reference to the Vietnam to the Vietnam occupation. occupation.

Chinese Chinese Assertiveness:Assertiveness: The ParacelsThe Paracels January 17-20, 1974 – The armed January 17-20, 1974 – The armed

forces of China engaged and defeated forces of China engaged and defeated a South Vietnamese naval squadron a South Vietnamese naval squadron operating in the Paracel Islands.operating in the Paracel Islands.

The Chinese forced the Vietnamese to The Chinese forced the Vietnamese to abandon their positions in the abandon their positions in the Paracels.Paracels.

China reiterated its claim to both the China reiterated its claim to both the Paracels and Spratlys.Paracels and Spratlys.

1982 UN Law of the 1982 UN Law of the SeaSea Approved by the UN Conference on Law of the Approved by the UN Conference on Law of the

Sea by a vote of 130 in favor and 4 against.Sea by a vote of 130 in favor and 4 against. Some of the salient features of the Convention Some of the salient features of the Convention

are the following:are the following: Archipelagic States- those states made up of a Archipelagic States- those states made up of a

group or groups of closely related islands and group or groups of closely related islands and interconnecting waters- would have interconnecting waters- would have sovereignty over as sea area enclosed by sovereignty over as sea area enclosed by straight lines drawn between the outermost straight lines drawn between the outermost points of the islands; all other states would points of the islands; all other states would enjoy the right of passage through designated enjoy the right of passage through designated sea lanessea lanes

UN Law of the SeaUN Law of the Sea

Coastal states would have sovereign rights in Coastal states would have sovereign rights in a 200-nautical mile exclusive economic zone a 200-nautical mile exclusive economic zone (EEZ) with respect to natural resources and (EEZ) with respect to natural resources and certain economic activities, and would also certain economic activities, and would also exercise jurisdiction over marine science exercise jurisdiction over marine science research and environmental protection.research and environmental protection.

Coastal states would have sovereign rights Coastal states would have sovereign rights over the continental shelf (the national area over the continental shelf (the national area of the seabed) for exploring and exploiting it; of the seabed) for exploring and exploiting it; the shelf would extend at least 200 nautical the shelf would extend at least 200 nautical miles from the shore.miles from the shore.

Sino-Philippine Sino-Philippine RelationsRelations

Philippine President Philippine President Corazon Aquino made a Corazon Aquino made a high-profile state visit to high-profile state visit to ChinaChina

China’s paramount China’s paramount leader Deng Xiaoping leader Deng Xiaoping promised to shelve the promised to shelve the sovereignty issue, sovereignty issue, engaged in joint engaged in joint exploration and exploration and exploitation of maritime exploitation of maritime resources and works resources and works toward a peaceful toward a peaceful resolution of the Spratly resolution of the Spratly disputes.disputes.

China’s China’s Territorial Territorial

Law of the SeaLaw of the Sea FEBRUARY 25, FEBRUARY 25,

1992 - The 1992 - The Chinese National Chinese National People’s Congress People’s Congress passed the passed the Territorial Law of Territorial Law of the Sea, by which the Sea, by which China claimed China claimed sovereignty over sovereignty over the Paracels and the Paracels and SpratlysSpratlys

China’s Territorial China’s Territorial Law of the SeaLaw of the Sea

Article 2 – converted the South China Article 2 – converted the South China Sea area into China's internal waters; Sea area into China's internal waters; naval vessels were to obtain Beijing’s naval vessels were to obtain Beijing’s permission before proceeding through permission before proceeding through the South China Sea.the South China Sea.

Article 8 – permits Beijing to adopt all Article 8 – permits Beijing to adopt all necessary measures to prevent and necessary measures to prevent and stop the harmful passage of vessels stop the harmful passage of vessels from the area.from the area.

Article 14 – Beijing could authorize the Article 14 – Beijing could authorize the Navy to engage in hot pursuit of foreign Navy to engage in hot pursuit of foreign vessels to the high sea.vessels to the high sea.

China’s Territorial Law of China’s Territorial Law of the Sea : Reactionsthe Sea : Reactions

MALAYSIA – MALAYSIA – Malaysian Foreign Malaysian Foreign Minister Abdullah Minister Abdullah Badawi thought the Badawi thought the law would hamper law would hamper efforts to negotiate a efforts to negotiate a solution, the general solution, the general concern being that concern being that China would become China would become more inflexible as a more inflexible as a consequence.consequence.

China’s Territorial Law of China’s Territorial Law of the Sea : Reactionsthe Sea : Reactions

Indonesia, 1992 – Indonesia, 1992 – Indonesian Foreign Indonesian Foreign Minister Ali Alatas Minister Ali Alatas declared that the declared that the South China Sea South China Sea would be the next would be the next flashpoint in Asia.flashpoint in Asia.

Since 1990, Alatas Since 1990, Alatas had been presiding had been presiding over annual over annual workshops on the workshops on the South China conflict.South China conflict.

The ASEAN Declaration on The ASEAN Declaration on Conduct in the South China SeaConduct in the South China Sea

November 4, 1992- ASEAN signed a November 4, 1992- ASEAN signed a declaration on conduct in the South declaration on conduct in the South China Sea with China.China Sea with China.

The declaration fell short of what ASEAN The declaration fell short of what ASEAN had been seeking, which was a had been seeking, which was a commitment to a code of conduct.commitment to a code of conduct.

China assured ASEAN that the former China assured ASEAN that the former had no intention of expanding south and had no intention of expanding south and offered [the other claimants] for joint offered [the other claimants] for joint development for the area’s [Spratlys] development for the area’s [Spratlys] resources.resources.

Sino-Vietnamese Sino-Vietnamese RelationsRelations

October, 1993 – China and Vietnam signed October, 1993 – China and Vietnam signed an agreement on fundamental principles to an agreement on fundamental principles to settle border issues through negotiations settle border issues through negotiations and not “undertake any activities that and not “undertake any activities that makethe issue more complicated, and not makethe issue more complicated, and not use force or threaten to use force.”use force or threaten to use force.”

November, 1993- Vietnamese President Le November, 1993- Vietnamese President Le duc Ahn visited China, however, no duc Ahn visited China, however, no agreement on the islands was produced. agreement on the islands was produced.

July 1994 – China occupied Da Lac Reef near July 1994 – China occupied Da Lac Reef near VietnamVietnam

Mischief in the Mischief in the SpratlysSpratlys May 8, 1994 – The Philippine Department May 8, 1994 – The Philippine Department

of energy approved the application made of energy approved the application made by American oil company Vaalco and its by American oil company Vaalco and its Philippine subsidiary Alcorn to conduct oil Philippine subsidiary Alcorn to conduct oil exploration exercise near Reed Bank, exploration exercise near Reed Bank, 400 nautical miles west of Palawan.400 nautical miles west of Palawan.

Beijing protested the move as an Beijing protested the move as an infringement of chinese sovereignty and infringement of chinese sovereignty and also an infraction of the principle of joint also an infraction of the principle of joint exploration agreed to by Pres. Aquino exploration agreed to by Pres. Aquino and Chinese leader Deng Xiaoping [in and Chinese leader Deng Xiaoping [in 1988].1988].

Mischief in the Mischief in the SpratlysSpratlys

FEBRUARY 9, 1995 FEBRUARY 9, 1995 – Chinese-built – Chinese-built structures were structures were discoivered on discoivered on Mischief Reef – a Mischief Reef – a small rocky outcrop small rocky outcrop lying 135 miles lying 135 miles west of Palawan west of Palawan and within the 200 and within the 200 mile EEZ of the mile EEZ of the Philippines.Philippines.


Philippine President Philippine President Fidel V. Ramos Fidel V. Ramos condemned the condemned the construction of the construction of the structures as structures as inconsistent with inconsistent with international law international law and content of the and content of the 1992 Manila 1992 Manila Declaration on the Declaration on the South China SeaSouth China Sea

Mischief in the Mischief in the SpratlysSpratlys August 1995 – China and the Philippines August 1995 – China and the Philippines

agreed on a code of conduct after ASEAN as a agreed on a code of conduct after ASEAN as a group issued a statement expressing “serious group issued a statement expressing “serious concern” over the development in the South concern” over the development in the South China Sea.China Sea.

The principles of the code stressed freedom of The principles of the code stressed freedom of navigation, non-use of force, and bilateral co-navigation, non-use of force, and bilateral co-operation. The code sought to maintain the operation. The code sought to maintain the status quo in the Kalayaans; no further status quo in the Kalayaans; no further facilities should be built by either side nor facilities should be built by either side nor upgraded, and each side was to inform the upgraded, and each side was to inform the other of all naval movements around the other of all naval movements around the disputed islands.disputed islands.

Mischief in the Mischief in the SpratlysSpratlys APRIL 1997 – Tensions rose again when 8 APRIL 1997 – Tensions rose again when 8

Chinese naval vessels were sighted near Chinese naval vessels were sighted near Mischief Reef and new structures was Mischief Reef and new structures was sighted on a reef 6 miles northeast of the sighted on a reef 6 miles northeast of the Philippine-held Kota IslandPhilippine-held Kota Island

two (2) vessels owned by the Chinese two (2) vessels owned by the Chinese State Oceanic Administration were State Oceanic Administration were intercepted by the Philippine Navy near intercepted by the Philippine Navy near Scarborough Shoal, a small reef lying 130 Scarborough Shoal, a small reef lying 130 miles west of Luzon.miles west of Luzon.

Scarborough Shoal Scarborough Shoal

Not part of the Not part of the Spratlys, but its Spratlys, but its ownership is ownership is disputed by both the disputed by both the Philippines and ChinaPhilippines and China

MAY 1997 – A group MAY 1997 – A group of Philippine of Philippine congressmen sailed congressmen sailed to Scarborough Shoal to Scarborough Shoal and planted the and planted the Philippine Flag on the Philippine Flag on the reef.reef.

Chinese Structures in Chinese Structures in the Spratlysthe Spratlys


OCTOBER 1998 – Philippine Defense Secretary Orlando Mercado produced photographs of Chinese vessels unloading construction materials at the reef.

Mischief in the SpratlysMischief in the Spratlys

Subsequent photographs revealed Chinese workers constructing a large building adjacent to the original structures.


At the 1998 APEC At the 1998 APEC Summit in Kuala Summit in Kuala Lumpur, Lumpur, Philippine Philippine President Joseph President Joseph Estrada and Estrada and Chinese Chinese President Jiang President Jiang Zemin agreed to Zemin agreed to consider joint consider joint use of the use of the facilities.facilities.


President Estrada also President Estrada also met with US Vice met with US Vice President Al Gore at President Al Gore at the APEC meeting.the APEC meeting.

President Estrada told President Estrada told Gore that he was Gore that he was pushing the Philippine pushing the Philippine Senate to concur the Senate to concur the RP-US Visiting Forces RP-US Visiting Forces Agreement and Agreement and sought US help to sought US help to modernize the modernize the Philippine Armed Philippine Armed Forces.Forces.


In response to In response to Chinese threat and Chinese threat and the need to the need to modernize the modernize the capabilities of the capabilities of the AFP, The Philippine AFP, The Philippine Senate concurred the Senate concurred the ratification of the US ratification of the US Visiting Forces Visiting Forces Agreement on May Agreement on May 27, 1999.27, 1999.

Mischief in the Mischief in the SpratlysSpratlys 2001 - RP, China agree to a fishing 2001 - RP, China agree to a fishing

moratorium at Scarborough Shoalmoratorium at Scarborough ShoalThe governments of China and the The governments of China and the Philippines agreed to implement a Philippines agreed to implement a moratorium on fishing around the disputed moratorium on fishing around the disputed Scarborough Shoal in the South China Sea. Scarborough Shoal in the South China Sea. The agreement came after a series of The agreement came after a series of incidents, which the Chinese government incidents, which the Chinese government called"harassment of Chinese fishers by the called"harassment of Chinese fishers by the Philippine Navy", but which the Philippine Philippine Navy", but which the Philippine government regarded as intrusion by the government regarded as intrusion by the Chinese into its territorial waters Chinese into its territorial waters


February 2001 –February 2001 –Philippine National Philippine National Security Adviser Roilo Security Adviser Roilo Golez called for Golez called for international pressure international pressure to force China to to force China to withdraw from withdraw from Mischief Reef [which Mischief Reef [which is located inside of is located inside of the Philippines the Philippines Exclusive Economic Exclusive Economic ZoneZone

2004 – Chinese President Wu Jintao visited the Philippines; Philippine President Gloria Macapagal-Arroyo and the Chinese President agreed on bilateral cooperation and peaceful resolution of the conflict in the South China Sea.

The ClaimantsThe Claimants

Brunei’s claim is based upon an extension Brunei’s claim is based upon an extension of its coastline along its continental shelf.of its coastline along its continental shelf.It also overlaps those of China, Malaysia, It also overlaps those of China, Malaysia, Taiwan and VietnamTaiwan and Vietnam

BRUNEIBRUNEI

China’s claim is in part historical and China’s claim is in part historical and originates within the Han Dynasty (206 BC originates within the Han Dynasty (206 BC to 200 AD) and the use of the South China to 200 AD) and the use of the South China Sea by Chinese fishermen since then.Sea by Chinese fishermen since then.

The first PROC occupation of the Spratlys The first PROC occupation of the Spratlys occurred in 1988 when after a naval occurred in 1988 when after a naval engagement, the PROC took possession engagement, the PROC took possession of several Vietnamese-held reefs and of several Vietnamese-held reefs and established a base at Fiery Cross Reefestablished a base at Fiery Cross Reef

CHINACHINA

PROC and Taiwan depicted China’s historical claim as a broken, U-shape line that intersects waters off Vietnam, Malaysia, Brunei, and the Philippines

MALAYSIAMALAYSIA

Claim includes islands and Claim includes islands and atolls south and east of atolls south and east of Spratly Island. Spratly Island.

This claim overlaps claims by This claim overlaps claims by Chinam Taiwan, and Vietnam, Chinam Taiwan, and Vietnam, and overlap reefs and cays in and overlap reefs and cays in the Philippine claimthe Philippine claim

Malaysia’s official claim was Malaysia’s official claim was announced in 1979announced in 1979

Malaysia established a Malaysia established a garrison on Swallow Reef (in garrison on Swallow Reef (in 1983), and Mariveles and 1983), and Mariveles and Ardasier Reefs (in 1986)Ardasier Reefs (in 1986)

PHILIPPINESPHILIPPINES

PAG-ASA Island


Bases its claims on the Bases its claims on the proximity of the Kalayaan proximity of the Kalayaan Islands to the Philippines Islands to the Philippines and on the occupation and on the occupation and economic and economic development of these development of these previously “unattached previously “unattached and unused” islands by and unused” islands by Filipino settlers.Filipino settlers.

The Philippine claim The Philippine claim overlaps those of China, overlaps those of China, Malaysia, Taiwan, and Malaysia, Taiwan, and VietnamVietnam..


The Philippine government alleges The Philippine government alleges that ancient Chinese claims are that ancient Chinese claims are invalid since these claims also invalid since these claims also included part of what today are the included part of what today are the Philippines, Malaysia, and Indonesia.Philippines, Malaysia, and Indonesia.

Chinese fishermen in ancient times Chinese fishermen in ancient times only used the island as a temporary only used the island as a temporary base of operations.base of operations.

TAIWAN (Republic of TAIWAN (Republic of China)China)

Claims over all the islands within the U-Claims over all the islands within the U-shaped line in the South China Sea.shaped line in the South China Sea.

Exercises effective control over Itu Aba Exercises effective control over Itu Aba Island.Island.

VietnamVietnam

Vietnam claims that it gained Vietnam claims that it gained sovereignty over the Paracels and sovereignty over the Paracels and Spratlys when it gained independence Spratlys when it gained independence from France. from France.

Motivations: Motivations: ResourcesResources The actual or potential offshore oil reserve of The actual or potential offshore oil reserve of

the South China Seathe South China Sea The reefs, lagoons and outer waters of the The reefs, lagoons and outer waters of the

islands provide bountiful supplies of fish- islands provide bountiful supplies of fish- cuttlefish, trepang and oysters, and black cuttlefish, trepang and oysters, and black tuna.tuna.

It is also the major nesting areas for It is also the major nesting areas for migratory sea tortoise, the eggs, flesh and migratory sea tortoise, the eggs, flesh and shells of which have been harvested for shells of which have been harvested for centuries.centuries.

The most traditional resource of the islands The most traditional resource of the islands has been guano or bird manure.has been guano or bird manure.

Motivations: National Motivations: National SecuritySecurity The Philippines asserted that the The Philippines asserted that the

islands are necessary for strategic islands are necessary for strategic defense and to help protect the defense and to help protect the borders of the Philippine borders of the Philippine archipelagoarchipelago

Prospect for HostilitiesProspect for Hostilities

According to Ralph Cossa (Executive According to Ralph Cossa (Executive Director of the Pacific Forum/CSIS, Director of the Pacific Forum/CSIS, Honolulu), “the prospect of military Honolulu), “the prospect of military confrontation over the Spratlys appear confrontation over the Spratlys appear low especially among the various low especially among the various ASEAN claimants, who have a proven ASEAN claimants, who have a proven history of resolving disputes peacefully. history of resolving disputes peacefully. However, it would be naïve to However, it would be naïve to completely rule out the possibility of the completely rule out the possibility of the use of force in the South China Sea.”use of force in the South China Sea.”

Possible TriggersPossible Triggers

Creeping OccupationCreeping Occupation Armed DisplacementArmed Displacement Exploration and Exploitation Exploration and Exploitation

ActivityActivity Accidents or MiscalculationsAccidents or Miscalculations Other Acts of ProvocationsOther Acts of Provocations

Creeping Occupation

The PRC expansion into Mischief Reef in 1995 and the Scarborough Incident in mid-1997 is the most recent and various example of creeping occupation.

Armed DisplacementArmed Displacement

Taiwan’s removal of Philippine Taiwan’s removal of Philippine settlers from Itu Aba in 1956settlers from Itu Aba in 1956

Violent clashes between China Violent clashes between China and Vietnam over both the and Vietnam over both the Paracels and SpratlysParacels and Spratlys

The use of PLA naval forces to The use of PLA naval forces to protect its markers and structures protect its markers and structures at Mischief Reefat Mischief Reef

Exploration or Exploitation Activity

• China regarded unilateral drilling operations as a direct challenge to its sovereignty and as a rejection of Beijing’s offer to jointly exploit South China Sea resources

•The granting of oil and natural gas concessions in disputed areas is a common means for claimants to exercise their jurisdiction.

ConsequencesConsequences

Freedom of Navigation – A threat Freedom of Navigation – A threat to freedom of passage through to freedom of passage through South China Sea would severely South China Sea would severely disrupt regional economies.disrupt regional economies.

Economic Impact- Instability and Economic Impact- Instability and conflict will adversely affect the conflict will adversely affect the economies of all who trade economies of all who trade heavily in the region.heavily in the region.

The United States and the The United States and the South China Sea DisputeSouth China Sea Dispute

The US generally maintained a policy of The US generally maintained a policy of neutrality when it comes to conflicting neutrality when it comes to conflicting territorial claims.territorial claims.

The US pointed out that a US-Philippine Mutual The US pointed out that a US-Philippine Mutual Defense Treaty does not automatically cover Defense Treaty does not automatically cover the Spratlys since they are disputed territories the Spratlys since they are disputed territories which were not even claimed by Manila until which were not even claimed by Manila until after the Treaty was signed.after the Treaty was signed.

Although the US perceives China’s moves in Although the US perceives China’s moves in the South China Sea indicates its the South China Sea indicates its expansionist intentions, Washington prefers expansionist intentions, Washington prefers that the regional states settle their disputes that the regional states settle their disputes without its involvement as long as these do without its involvement as long as these do not pose a threat to US interests.not pose a threat to US interests.

US maintains its support for the ASEAN US maintains its support for the ASEAN position on the non-use of force concerning position on the non-use of force concerning dispute settlement in the South China Seadispute settlement in the South China Sea

Since 1995, Sino-US relations has Since 1995, Sino-US relations has suffered a downturn suffered a downturn – Visit of Taiwanese President Lee Teng-hui Visit of Taiwanese President Lee Teng-hui

in the US (1995).in the US (1995).– Chinese opposition to the NATO airstrikes Chinese opposition to the NATO airstrikes

in Yugoslaviain Yugoslavia– Accusations of Chinese espionage in the Accusations of Chinese espionage in the

US.US.– Chinese opposition to US-led invasion of Chinese opposition to US-led invasion of

Iraq (2003)Iraq (2003)

Sino-US RelationsSino-US Relations

2001

•JANUARY 2001 - US President George W Bush makes it clear he does not regard China as a "strategic partner". China fears his support for a National Missile Defense system.

2002

A Pentagon report to Congress questions China's commitment to a peaceful settlement of its differences with Taiwan

It also highlights the threat China poses to neighboringcountries.

•A use of force by China in the South China Sea would have a particularly devastating effect on the already strained US-China relations.

•A Chinese aggression in the Spratlys would likely tilt the debate in the US in favor of a “contain China policy.”

RecommendationsRecommendations

Demonstrated US commitmentDemonstrated US commitment South China DeclarationSouth China Declaration Continued US Forward Military PresenceContinued US Forward Military Presence Bilateral ApproachesBilateral Approaches Confidence-Building MeasuresConfidence-Building Measures Deepen Understanding of ConsequenceDeepen Understanding of Consequence Encourage Chinese ParticipationEncourage Chinese Participation

Documents

RIVAL CLAIMS IN THE SOUTH CHINA SEA Reporter: Jose Angelito P. Angeles