The Philippine Philippine Territorial Territorial Claim on the West West Philippine Philippine Sea I. Background The West West Philippine Philippine Sea or the South South China Sea Sea is a body water water surrounded surrounded by six states namely; China southern coast and !ainan Island" in the north# Taiwan in the northeast# The Philippines in the east and southeast# $ietnam in the west# and Brunei# %alaysia# and Indonesia in the south. Sub&ect o' Claims In the West Philippine Sea# there are small insular 'eatures which are sub&ect to claims by both The Philippines and the People(s )epublic o' China these are the Scarborough Shoal and the Spratly Islands. The Scarborough Shoal is a submerged coral ree' with six small protrusions o' rock rock abo*e sea le*el at high tide. While the Spratly Islands are a group o' one hundred +'ty ,-" rocks# submerged ree's# banks and low tide ele*ation# among these 'eatures that are sub&ect to dispute in the Spratlys are the rocks; /ohnson )ee'# Cuarteron )ee'# and 0iery Cross )ee' and those composing the continental shel' o' the Philippines; %ischie' )ee'# %c1ennan )ee'# 2a*en )ee'# )ee'# and Subi )ee'. )ee'. The Scarborough Shoal is located one hundred twenty meters ,3" in the west o' the coast o' the Philippines and the Spratly Islands +'ty -" and 4-" % 'rom the Island o' Palawan# Philippines and +*e hundred +'ty --" % o' the Island o' !ainan# China. The Scarborough Shoal and the Spratly Islands 'orm part o' the Philippine(s two hundred 3" % 5xclusi*e 5conomic 6one or Contiguous 6one under the 7nited 8ations Con*ention on the 9aw o' the Sea 78C9:S". China# howe*er# claims that the disputed insular 'eatures 'orm part o' their 8ine<=ash 9ine> which posits the territorial territorial demarcation 'or their claims in the South China Sea.
The demarcation demarcation made by China China has its basis in the claim that# China China has complete authority and so*ereignty o*er those islands as they reclaimed the territories 'ollowing the de'eat o' /apan during the Second World War as stated in the Cairo and Potsdam =eclarations. The 8ine<=ash 9ine howe*er# is not consistent with nor supported supported by the laws on the sea and territorial territorial claims such such as the 78C9:S. 8onetheless# 8onetheless# the a'orementioned a'orementioned rocks and continental shel*es are being occupied by China at present and is hea*ily opposed by the Philippines as pre&udicial to the country(s territorial integrity and so*ereignty# hence this dispute. II. ?rbitration and Settlement =ue to the 'oregoing disputes o*er the Spratlys and Scarborough Shoal disputes between the two states and 'ailure o' the Philippine
o' the Sultanate o' Sulu date backs 'rom the %ah&apahit and Shri*i&aya empires# empires# which extended 'rom Sabah 8orth Borneo"# the Sulu archipelago# Palawan# parts o' %indanao# the islands now known as the Spratlys# Palawan# and up to the $isayas and %anila. The legal basis basis o' the Philippines Philippines under under International International 9aw will will be the sub&ect sub&ect matter o' the discussions in this position paper. The Philippines Philippines and China# China# being signatories signatories o' the the 78C9:S are bound bound to obser*e and obey the pro*isions o' the Con*ention under the =octrines o' Pacta Sunt Ser*anda> and ?uto limitation>. 7nder Pacta Sunt Ser*anda# China# being a signatory o' the con*ention# must obser*e in good 'aith and 'ull respect# the rules pro*ided by the con*ention in delimiting the scope o' exercise o' so*ereignty in the seas. China cannot assert its re'usal to the arbitration on the ground that it is their right in international law to not gi*e consent to be bound# 'or this de'ense is already de'eated by their capacity as a state
)ee's. 5*entually# 5*entually # China may ha*e eFecti*e control o*er the territories and in no time will be the state exercising so*ereignty o*er such. In existing &urisprudence on territorial claims in international law# it is upheld in the case o' The Island o' Palmas Palmas Perm.Ct ?rb. ,@3A " that an inchoate title cannot pre*ail o*er a de+nite title 'ounded on continuous and peace'ul display o' so*ereignty. so*ereignty. In this case# the 7nited States as successor to the rights o' Spain in the Philippines bases its title in the Island o' Palmas on disco*ery and by treaty as it also 'orms a geographical part o' the Philippines# lost its claim to the Island o' Palmas to The 8etherlands. It is because# The 8etherlands has acGuired continuous and peace'ul display o' state authority o*er the Island o' Palmas although although by treaty is part o' the Philippines under under the 7nited States. The similar case o' the Pulau 9igitan and Sipadan dispute between %alaysia and Indonesia also holds the same reason 'or eFecti*e occupation o*er mere title. In this case# Chinese occupation o*er Spratlys and Scarborough Shoal could lead to eFecti*e occupation. The Philippines may lose its claim in the arbitral tribunal 'or its lack lack o' eFecti*e occupation occupation in the disputed islands islands e*en though it has a legal title o*er such under the 78C9:S.
