Scarborough ShoalEssay Preview: Scarborough ShoalReport this essayScarborough Shoal or Bajo de Masinloc is a form of rock wherein some of the rocks are above the water during high tide and below the water during low tide. It is considered an island because of the Article 121 of the United Nation Convention on the Law Of the Sea(UNCLOS), “an island is a naturally formed area of land, surrounded by water, which is above water at high tide”In connection, according to DFA, Bajo de Masinloc is located 124 nautical miles west of Zambales and is within the 200 nautical-mile Exclusive Economic Zone of the Philippines. Also, the Spratly Island is just few kilometers away from the province of Palawan.With this, I conclude that the sovereign rights of Masinloc and Spratly is within the Philippine jurisdiction because as stated in UNCLOS Article 76(1) Part VI, “The continental shelf of a coastal State comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance.” And in Article 55(1.a) Part V, “In the exclusive economic zone, the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and with regard to other activities for the economic exploitation and exploration of the zone, such as the production of energy from the water, currents and winds.”
And as for the claim of China, the public international law then states than “historical claims are not historical titles.” And for a historical claim to mature into a historical title, a mere showing of long usage is not enough. Therefore, the China doesn’t have the sovereign right to these islands especially that it’s not part of their EEZ as stated in Article 57 Part V, “The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured.”With the power of the UNCLOS, there’s no doubt that the said sovereign rights will be given to the Philippines because as far as I know, even China agreed and signed the UNCLOS.
There is no way China would be allowed to allow one island to become an island but to be allowed to become a country which could, without any restriction and just as it would be allowed to become an island, establish a trading artery of commerce between the two countries. This is to allow our two countries to open up both markets to a level playing field. One of them, however, would have to provide some level of protection against China, for this, not only to create a ‘free’ market but also to create a new market for China, if it were to move its operations out of China of its own making… (Juan Lin)
To address the matter of China’s claims to these islands, the Philippines can present the Philippines’ position on the need to develop more and more resources, and especially on the need to maintain a relationship with the Philippines to which we are already familiar, particularly given the threat of terrorism from its neighbors and its refusal to stand for peace in the Philippines. For this, the Philippines should not consider supporting any of the United States or Taiwan, to the extent possible since China’s actions may increase its military presence in the Philippines. However, China can be assured of maintaining the territorial and financial integrity of the Philippines even without the presence of any Chinese presence in the Philippines, especially as it stands a close relation to the Philippines territory. However, if China wants to maintain its ties without having to risk escalation of tensions, the Philippines should not rely too heavily on other countries to do so. For this, the Philippines should support any agreement with China on building a settlement.Â
This proposal is about to be presented at an event at the Institute of National Affairs from 17th-19th August.
The United States and China have been involved on a broad range of issues for over ten years, most recently dealing with Taiwan after the end of the Taiwan War: China’s military involvement in the island’s political affairs, its use of force against the People’s Court and the military’s use of force outside of the territory under its control, and the Taiwan peace offer. Beijing’s response to these crises has been to offer an economic and military alliance with the United States, including economic assistance to its allies and its support for peace projects. The United States has expressed no desire or capability to commit such a substantial undertaking. China’s proposal to strengthen its military cooperation with the United States was brought to the attention of the Philippine National People’s Congress, which