Chin, L. K. and Joanes, J.

0 | N e w s o f M a r I t I m e Z o n e s I s s u e

Disputes and Overlapping Claims over Spratly Islands

CHIN, L. K. and JOANES, J.

Keywords: Law of the Sea, Spratly Islands, Overlapping Claims

1. INTRODUCTION

Spratly Islands are located in the so-called South China Sea knowm as 南沙群岛

(Nánshā Qúndǎo) by Chinese and Kapuluan ng Kalayaan in Tagalog language of Philipines

and Vietnamese Quần đảo Trường Sa. Meanwhile, world recognised it as Spartly Island. It

consist of a number of small islands, reefs, atolls and rocks. These islands have been disputed

with varying degrees of intensity for more than 50 years. These archipelago lies off the coast

of the Philippines, Malaysia, and southern Vietnam.

It contains less than 4 square kilometers of land within the sea area of more than

425,000 square kilometers. Spratly Islands is one of three islands in Southeast Asia, which

has more than 30,000 islands and reefs. These island located at 10 N 114 E with 750 total

island, islets, coral reefs and seamounts. The islands have no indigenous inhabitants but offer

rich of fishing ground and may contain 4 largest of significant oil and natural gas reserves in

the world. However, there are no accurate estimates of oil and natural gas available to the

public.

The main island are Itu Aba, Namyit, Parola, Sin Cowe, Song Tu Tay, Layang-

Layang and Spartly as known mostly by the world because of the biggest among other island.

For the northeast of Spartly is known to mariners as “Dangerous Ground” and is

characterized by its many low islands, sunken reefs, and atolls with coral often rising abruptly

from ocean depths greater then 1000 meters (3, 300 ft) this all of which makes the area

become most dangerous for navigation.

In some cays in the Spratly Islands, the sand and pebble sediments form the beaches

and spits around the island. Under the influence of the dominant wind direction, which

changes seasonally, these sediments move around the island to change the shape and size of

the island. For example, Spratly Island is larger during the northeast monsoon, (about 700 ×

300 meters), and smaller during the southwest monsoon (approximately 650 × 320 meters).

News of Maritime Zones issue

© Authors contribution 2015. All rights reserved.

Chin, L. K. and Joanes, J.

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2. HISTORY

Figure 1: Captain Richard Spartly and Captain Ladd

Source : J.P. Canonigo (2012) The Lost Kingdom of Spratly Islands.

Every each part of countries have even placed their history at stake as to who really

owns the Spratlys. This island named after of British whaler Captain Richard Spartly (1802–

1870) who is said to discover the island when his whaling ship Cyrus South Seaman sighted

Spatrly Island and Ladd Reef during his expedition on 29 March 1843. So, there are no

disputes as who discovered the islands, Richard was credited of discovery instead of his

brother William.

The Hydrographic Office described the discovery on "The Nautical Magazine" in

1843 as describe it :

"...at 9 h. A.M. a low sandy island was discovered from the masthead, bearing

S.E.bE. four leagues. On nearing the beach was visible to the water's edge, the top

appearing to be covered with small bushes, and about the height of a Ship's hull,

with a black patch dividing the sandy beach in nearly two equal parts to the water's

edge... One [of these two dangers ] I call Ladd Reef, after Captain Ladd of the Ship

Austen, who appears first to have seen it; the other Spratly's Sandy Island."

For Chinese texts of the 12th century record these islands being a part of Chinese

territory and that they had earlier (206 BC) been used as fishing grounds during the Han

dynasty. Further records show the islands as inhabited at various times in history by Chinese

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and Vietnamese fishermen, and during the second world war by troops from French

Indochina and Japan. However, there were no large settlements on these islands until 1956,

when Filipino adventurer Tomás Cloma decided to "claim" a part of Spratly islands as his

own, naming it the "Free Territory of Freedom land” before taken by Philippine’s

government.

2.1 Cronology of History

YEAR SITUATION

19th Century European found Chinese fisherman from Hainan at Spartly Island

1883 Germany survey Spartly and Parcels, China protests against them

1887 Chinese-Vietnamese Boundary convention after Sion Franch War

(China was owner of Spartly and Parcels Islands)

1933 French flag on an Island, took control nine largest island and declared Frech

sovereignty.

1939 Empire Japan disputed French sovereignty over island. France and UK

protested and reasserted French sovereignty claims.

1941 Japan control island until the end World War II.

1945 Japan surrender at the end WWII, Republic China claim Paracel and Spartly

Islands.

1946 France dispathced warships to the islands several times, but no attempts

were made to evict Chinese forces.

1947 China produced a map with 9 undefined dotted lines and claimed all of the

island.

1951 Soviet Union proposed Spartly Island belong to China. Vietnam reject

which that time was a french protectorate.

1961 South Vietnam establihed sovereignty marker on several island in the chain

1968 Philipines sent troops to three island on protecting Kalayaan citizens.

Annouced annexation of the Kalayaan Island Group.

1971 Malaysia issued claims to some Spartly Island

1975 Vietnam declared over Spartly Islands

1979 Malaysia published Map Declaration concontinetal shelf claim include

twelve island from Spartly Island group.

Chin, L. K. and Joanes, J.

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1982 Vietnam published a white paper claims to the island

1983 Malaysia occupied Pulau Layang-Layang

1984 Brunei established exclusive fishing zone over Louisa Reef

1988 China and Vietnam ship clashed at South Johson Reef

1999 Philipine WWII vintage vessel ran aground on the Second Thomas Shoal

2008 Taiwan claim to visit Spartly Islands.

2009 Philipine Baseline Law of 2009 (RA 9522) classifies Kalayaan Group,

Scarborough Shoal.

- May 2009, submission joint by Malaysia and Vietnam claim over thier

respective continental shelves out to 200 nautical miles.

- China and Philipine both protested regards to the islands.

2011 Chiina patrols boats attacled and cut the cables of Vietnam oil exploration

ships near Spartly Islands.

2014 0n 6 May 2014, Philipines arrested 11 Chinese near Half Moon Shoal

2015 20 May 2015, Chinese navy warned US on a surveillanc flihgt across Fiery

Cross Reef.

3. ISSUE OF DISPUTE OVER SPRATLY ISLANDS GROUP

Figure 2: Show the claim by each counteries

Source : AFP News

Chin, L. K. and Joanes, J.

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Table 1: Show the national occupation over Spartly Island in 1999

Sources : Christopher C. Joyner

So, as above show that Chinese claim its straits as known South China Sea,

meanwhile Philippines claim around 60, Vietnam claim all over the island and Malaysia just

12 features only. As Vietnam based its claim on the French administration of Indochina prior

to their independence. China has a long historical basis for such claims on the island while

Taiwan, a successor state of the People Republic Chinese (PRC), also had its claim pinned on

that argument. Malaysia classified the Spratlys as part of Sabah.

3.1 Malaysia Claims

Malaysia through Sabah only claims a small number of islands that included in

Exclusive Economic Zone of 200 nautical miles that mention by law of the sea (UNCLOS).

One that reason, Malaysia has put military occupied in three islands that considers of

continental shelf. These Island are Pulau Layang-layang that are already under control on

1983 meanwhile, Malaysia also occupies of Terumbu Ubi and Terumbu Mantanni.

On continental shelf principle, Malaysia claims upon that basis and have already

clearly defined coordinates within the limits the EEZ in 1979. However, the argument

requires that the islands were no one property for it and this requirement has to satisfied as

when Japan renounced their soveregitnt over the island according to the San Francisco

Treaty.

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Features Name of features

Reef Rizal/Commodore

Ardasier

Dallas

Erica

Amboyna Cay

Barwue Canada

Mariveles

Swallow

Shoal Investigator

James

North Luconia

South Luconia

Table 2: Show the features that Malaysia claims

Source : CNA Corporation

Figure 3: Rizal/Commodore Reef

Source : The Gurdian

Malaysia has claimed sovereignty over twelve islands in the Spratly group, but those

claims appear ill-founded. Malaysia’s basing its claims to certain islands on ocean law

principles (UNCLOS) that associated with prolongation of a continental shelf seaward, rather

than the accepted legal means of validating claim to title over territory through permanent

occupation.

Chin, L. K. and Joanes, J.

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Figure 4: Show Malaysia Map Declaration 1979

Source : www.academia.edu

For Malaysia, government claims mostly on Map Declaration on 21 December 1979

that Included Indonesia-Malaysia-Singapore maritime boundary. The both map are reported

to have been appended to Singapore. The government also interprets article 74 and article 83

to the effect that absence of agreement on the delimitation of the exclusive economic zone or

continental shelf or other maritime zones.

Malaysia is also of the view that in accordance with the provisions of the Convention,

namely article 56 and article 76, if the maritime area is less or to a distance of 200 nautical

miles from the baselines, the boundary for continental shelf and exclusive economic zone

shall be on the same line. Figure below show the Malaysia overlapping claim with other State

Figure 5: Show Malaysia overlapping claim with other Country

Source : Lin Alexandra Mortensgaard (2015) The Spratl Islands Dispute a Discourse

Chin, L. K. and Joanes, J.

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3.2 Brunei Claim

Figure 6: Show Louisa Reef that claim by Brunei

Source : The Brunei Times

Brunei has only one claim to the Spratly group, that being to a naturally submerged

Formation known as Louisa Reef. Similar to Malaysia, the legal premise for substantiating

Brunei’s claim flows from continental shelf provisions in the 1982 UNCLOS. Unlike

Malaysia’s claims to island formations, however, Louisa Reef is a submarine feature and part

of the seabed. Hence, it may be regarded legally as an extension of a continental shelf.

The critical point here, of course, is Brunei’s ability to demonstrate that Louisa Reef

is indeed part of the extension of its continental shelf. Even so, Louisa Reef is also claimed

by Malaysia, which took possession of it in 1984. However, Brunei does not practice military

control in the area.

3.3 Vietnam Claims

On Vietnam's view, Chinese records do not constitute the declaration and exercise of

sovereignty and that China did not declare sovereignty over the Spratlys until after World

War II. On the other hand, Vietnam claims the Spratlys based on international law on

declaring and exercising sovereignty.

Vietnamese claims that it has occupied the Spratly and the Paracel islands at least

since the 17th century, when they were not under the sovereignty of any state, and that they

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exercised sovereignty over the two archipelagos continuously and peacefully until they were

invaded by Chinese armed forces.

Figure 7: An 1838 Unified Dai Nam map marking Trường Saand Hoàng Sa, which are

considered as Spratly and Paracel Islands by Vietnam

Source : Vietnam

Miscellaneous records actually that on Pacification Border Area by the scholar Lê

Quý Đôn, Hoàng Sa (Paracel Islands), and Trường Sa (Spratly Islands) were defined as

belonging to Quảng Ngãi District, Vietnam. In Đại Nam nhất thống toàn đồ an atlas of

Vietnam completed in 1838, Trường Sa was shown as Vietnamese territory.

On 7 July 1951, Tran Van Huu, head of the Bảo Đại Government's (State of Vietnam)

delegation to the conference declared that the Paracels and Spratlys were part of Vietnamese

territory. This declaration met with no challenge from the 51 representatives at the

conference. Vietnam also declare that France surrender the Spratly Island to Vietnam after

which that time was a french protectorate. However, France denied that statement.

Chin, L. K. and Joanes, J.

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3.4 Philippines Claims

Figure 8: Show the Philipines claims on Spartly Island

Source :Philippines

The Philippines' claims are based on sovereignty over the Spratlys on the issues of no

one property for it and also geography. The Philippines contend their claim was there was no

effective sovereignty over the islands until the 1930s when France and then Japan acquired

the islands. When Japan renounced their sovereignty over the islands according to the San

Francisco Treaty, there was a relinquishment of the right to the islands without any special

beneficiary. Philippines also still believe Sabah, Malaysia as its part of countries.

On May 15, 1956, Philippines businessman Tomas Cloma claimed a number of reefs

and islands in the Spratlys under the name "Free Territory of Freedomland. As recorded in

December 1974, Cloma was arrested and forced to sign a document to convey to the

Philippines whatever rights he might have had in the territory for one peso. This is which

annexed the islands in 1978, calling them "Kalayaan."

On 11 June 1978, President Ferdinand Marcos of the Philippines issued Presidential

decree No. 1596, declaring the Spratly Islands (referred to therein as the Kalayaan Island

Group) as Philippine territory. A second argument used by the Philippines regarding their

geographical claim over the Spratlys is that all the islands within its 200-mile EEZ of

Philippines.

Chin, L. K. and Joanes, J.

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3.5 China Claims

Figure 9: Show Paracel and Spartly Island claim by China

Source : RFA

The People's Republic of China (PRC) claims all of the Spratly Islands as part of

China and has long had a naval presence in the territories. Taiwan believe are because

of before 1949 this part of island are under mainland of China. China claims to have

discovered the islands in the Han dynasty in 2 BC. The islands were claimed to have been

marked on maps compiled during the time of Eastern Han dynasty and Eastern Wu.

As refer to Yuan dynasty in the 12th century, several islands that may be the Spratlys

have been labelled as Chinese territory, followed by the Ming dynasty and the Qing

dynasty from the 13th to 19th Century. In 1755, archaeological surveys the remains

of Chinese pottery and coins have been found in the islands and are cited as proof for the

PRC claim.

Chinese claim their fishermen have fished around the islands since 200 BC. This can

be review on the 19th century, Europeans found that Chinese fishermen from Hainan

annually sojourned on the Spratly islands for part of the year, while in 1877 it was the British

who launched the first modern legal claims to the Spratlys. When the Spratlys and Paracels

were being surveyed by Germany in 1883, China issued protests against them.

Chin, L. K. and Joanes, J.

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4. TRANSFORMATION FEATURE of SPARTLYS

On the issue that overlapping claim by countries, there are four major land features in

the Spratly Islands that have undergone significant construction or land reclamation work in

the past year. These can be seen on Gaven Reef, Itu Aba, Johnson South Reef, and Fiery

Cross Reef.

4.1 Gaven Reef

Figure 10: Show before and after of Gaven reef

Source : amti.csis.org.

On 30 March 2014, contruction began and finish on August 2014 on Gaven Reef.

This reef located in Tizard Banks, that controlled by China. It is about 114, 000 square meters

of new land has been develop where China had a troop and supply garrison on this reef.

Chin, L. K. and Joanes, J.

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4.2 Fiery Cross Reef

Figure 11: Show before and after Fiery Cross Reef

Source : amti.csis.org.

Around August and November 2014, China created a land mass that can spans the

entire existing reef. It is approximately 3000 meters long and about 2000-300 meters wide..

This reef also control by China where radar and surveillance are apply on this reef. The

photos taken by Digital Globe indicate that China has increased the area of Fiery Cross Reef

11 times lager than 0.8 square kilometer. It can be consider, fiery cross more than three larger

than Itu Aba Island.

4.3 Johnson South Reef

Figure 11: Show before and after of Johnson South Reef

Source : amti.csis.org.

Chin, L. K. and Joanes, J.

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On early 2014, China already built manmade feautere that with small concrete

paltform that housed a communication facility, garrison building and also pier. The platform

surrunded by an island with an area of 10, 000 square meters. There have rumor about that

Beijing may build an airstrip on Johnson South Reef.

4.4 Itu Aba

Figure 12: Show manmade on Itu Aba Island

Source : amti.csis.org.

In Novemeber 2014, Taiwan do some renovation after revelations that a Chines ship

and crew were involvede in transort. Somehow, in 1956, Republic China already establishsed

permeanent base that craete Itu Abd into land feature that a largest in the Spratly island.

Total area of Itu Aba consits of 1.3 kilometers in length and less than half a square kilometer,.

In 2000, Taiwan have snet a Coast Guard depolyment of 100 personnel to island to

replace a detachment of Marines and built an airstrip in 20008. There also reported Taiwan

has reconsidred the permenant stationing of armed vessels on Itu Aba. On the end February

2015, Taiwan complete runway of renovation

Chin, L. K. and Joanes, J.

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Figure 13: Itu Aba transformation on 23 April 2015 that show New Harbour

Source : amti.csis.org.

Figure 14: Spratly Islands Outposts and Facilities that manmade by counteries

Source : amti.csis.org.

Chin, L. K. and Joanes, J.

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5. INTERESTS ON SPARTLY

Figure 15: Show the Claims Spartlys by States

Source :www.voanews.com

5.1 Commercial Fishing

All of the claimant states assert special geostrategic interests in the South China Sea.

Fishing remains an important economic activity for all littoral states, and these waters hold

abundant supplies of numerous fish species. A recent study indicated that the Spratlys area in

the South China Sea, covering some 390,000 square kilometers, is one of the world’s richest

fishing grounds, yielding up 7.5 tons of fish per square kilometer. Moreover, all governments

want to maintain open commercial sea lanes throughout this region to sustain their

international trade.

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5.2 Shipping

Spratlys straddle the South China Sea, through which twenty-five percent of the

world’s cargo shipping passes enroute to Japan, Korea, China, Taiwan, Australia, New

Zealand, and the Middle East. This region os one of the busiest shipping lanes in the world.

More than 200 ships traverse the South China Sea daily. Tanker traffic through the south

china sea is over three times greater than though the Suez Canal and five times more than

Panama Canal.

5.3 Hydrocarbon

China has estimated hydrocarbon resources in the area of 17.1 billion barrels of oil,

higher than that of Kuwait. Traditionally, China’s national interests in the South China Sea

have been geostrategic and security-related, to prevent becoming encircled by the expanding

influence of the Soviet Union (now Russia) and to protect national security from a sea-based

attack. The Spratlys archipelago is seen as a strategic asset. Lying between Vietnam to the

west and the Philippines to the east, the Spratlys offer a potential staging location for

blocking ships traversing the South China Sea.

5.4 Maritime Strategy

The maritime strategy of the PRC navy in the South China Sea has traditionally been

guided by three principal missions:

(1) to guard against Russian invasion;

(2) to counter nuclear attacks from sea-based sources; and

(3) to protect sea lines of communication and Chinese claims to natural resources

contiguous to archipelagoes in the Asia–Pacific region.

To maintain control over the Spratlys in the South China Sea, China’s navy must optimize

its available assets to retain air and sea superiority out to 1,300 kilometers. In the long term, if

China is to have military influence over Malaysia, Singapore, and the Philippines, the

operating combat radius and sea lines of communication will have to be extended out to

2,000 kilometers.

Chin, L. K. and Joanes, J.

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REFERENCES

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Yahoo News Singapore. Retrieved at

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6.html

Astro AWANI (3 November 2015) Kapal perang di Kepulauan Spratly, Malaysia dapatkan

penjelasan China dan Amerika. Kuala Lumpur.

Candace W.(21 August 2015). Pentagon: China’s Reclamation Increasing in South China

Sea. Retrieved at http://www.voanews.com/content/pentagon-says-china-reclamation-

increasing-in-south-china-sea/2927330.html

Christopher C. Joyner. The Spratly Islands Dispute in the South China Sea: Problem, Policis

and Prospects for Diplomatic Accommodation.

J. Ashley Roach (2014). A CAN Occasional Paper: Malaysia and Brunei An Analysis of their

Claims in the South China Sea. CNA Corporation.

J.P. Canonigo The Lost Kingdom of Spratly Islands. Retrieved at

http://www.istoryadista.net/2012/04/lost-kingdom-of-spratly-islands.html

Lin Alexandra Mortensgaard (19 July 2015) The Spratl Islands Dispute a Discourse Analysis

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analysis/

The Brunei Times. Retrieved at http://www.bt.com.bn/

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Mira Rapp-Hopper (28 February 2015) Before and After The South China Sea Transformed.

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The Guardian (27 June 2015). China proceed with building artificial island on reefs claimed

by Philippines. Retrieved at http://www.theguardian.com/world/2015/jun/27/china-

proceeds-with-building-artificial-islands-on-reefs-claimed-by-philippines