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territorial dispute

Terms in this set (32)

allan paguia's article: Feb. 23, 2013
north borneo - sabah
common sense
malaysia is giving rental fee to the sultanate of sulu out of utilizing the place for its resources
west ph sea, kalayaan island group, bajo de masinloc/scarborough shoal
ph other territorial rights issues
diplomacy
best option in settling disputes, Malaysia, Vietnam, Brunei & China
for powerful countries...
building an island in disputed territorial waters is the strongest way of claiming the right
approach of aggressiveness
challenges international organizations on its role to resolve its issues among its member countries
country has more than enough resources to spare
being aggressive
HOTSPOTS
refers to areas where there is a potential for violent political unrest
FLASHPOINTS
potential areas of ARMED conflict between countries
TERRITORY
refers to the land and water areas that fall under the jurisdiction of a particular state
BOUNDARIES
are established in order to distinguish the limits and extent of the jurisdiction of individual states
territorial disputes
is a disagreement over the possession and control of a geographic area (land or maritime areas) between two or more states
national territory (7)
• archipelago of the country
• w/ all the islands and waters
• all other territories over which the Ph has mmor jurisdiction
• consisting of its terrestrial, fluvial, aerial domains
• territorial sea
• seabed, subsoil, insular shelves, submarine areas
• waters around and between archipelago: aided by right def., exerts right to sovereignty
Philippines' Territorial Disputes
• Includes the West Philippines Sea, the Kalayaan Island Group, and the Bajo de Masinloc (also known as the Scarborough Shoal)
• Uses diplomacy as its strong weapon in settling disputes with neighboring countries such as Malaysia, Vietnam, Brunei, and China
Philippine Waters
• important to the political consolidation since the country is an archipelago
• Vital to economic stability and the survival of Filipinos since it facilitates economic activities such as trade and as a food source
•Conflicts arise however over the jurisdiction of these waters
What Started the Dispute: ph-malaysia
•Started when the sultan of Brunei sought help from other sultans in Sulu to quell the rebellion happening in his jurisdiction
• About 600 Filipino warriors under Nakudas Sangkalang and Angging from the Sultanate of Sulu in 1704, helped quell the rebellion
• As part of his gratitude to the Sultanate of Sulu, Sultan Muaddin of Brunei gave a portion of Sabah
British North Borneo Company
• Under Gustavus Baron de Overbeck and Alfred Dent
• Asked the Sultan of Sulu if they could lease the said portion of Sabah to them
• The Sultan accepted and this helped them to financially support their fight against the Spanish colonizers at the time
he West Philippine Sea as part of the South China
• South China Sea: pertains to the entire area where countries such as China, Brunei, Taiwan, Malaysia, and Vietnam are also manifesting their sovereignty
• for the Philippines, the West Philippine should be seen as separate from the South China in terms of territorial sea, the EEZ or exclusive economic zone, and the extended continental shelf of the country
• Many people get confused over the naming since the West Philippine Sea is PART of the South China Sea and because the West Philippine Sea includes only the islands that the Phils. has jurisdiction over
The Name 'West Philippine Sea'
• The Republic of the Philippine started using this name on June 4, 2011
• Instituted after the former president, Benigno Aquino III, promulgated Administrative Order No. 29 where the Philippines claims it as the West Philippine Sea
• Directed all agencies and departments of the government to officially use the name when referring to the part of the South China Sea wherein Philippine-claimed islands, atoll, reefs, and shoals are situated
unclos
The United Nations Convention on the Law of the Sea
UNCLOS (The United Nations Convention on the Law of the Sea):
states that islands under the sovereign authority of the country are entitled to a 200-nautical exclusive economic zone
International treaty that sets limits to a country's maritime sovereignty (maritime meaning coastal)
Both the Philippines and China are signatories in the said convention (meaning both countries are bound by this law)
3 maritime characteristics: unclos
• islands under a sovereign country are entitled with a 12-nautical mile territorial sea and a 200-nautical mile exclusive economic zone
• Maritime features such as rocks and reefs that are seen during high tide are entitled with 12-nautical mile territorial sea but with no EEZ
• Low tide elevations that are submerged rocks and reefs are not entitled to any territorial sea or EEZ
eez
exclusive economic zone
events that took place
um boom ship bye bye fishers
brp sierra madre
permanent ship guarding country's sovereignty in the area
9-Dash Line of China
• Introduced in 1947 and released in 1948 under the Kuomintang government
• Affects the EEZ of the Philippines and other countries because it practically covers the entire area of the South China Sea and makes the maritime affairs of the concerned countries very much limited
• Observed that it has become a ten instead of nine due to its extension to the area of Taiwan indicating the possibility of expansion
• Encompasses 85.7% of the entire South China Sea or an equivalent 3 million square kilometers out of the 3.5 million square kilometers surface area
--This conflicted the Philippines' EEZ so, the Philippines on January 22, 2013 filed a case in the Permanent Court of Arbitration (PCA) in Hague, Netherlands
Permanent Court of Arbitration
intergovernmental organization with 121 member states that provides an avenue for the resolution of international disputes through arbitration and promotion of diplomatic ways in achieving resolutions
China's Stand:
The case focuses on territorial sovereignty which is not what the PCA and the UNCLOS focuses on
The case also focuses on the extent of China's territorial sovereignty
China claim that PCA has no jurisdiction with each territorial sovereignty. Hence, it does not concern the application on the convention of the law of the South China sea. Maritime rights can be identified once the territorial sovereignty of china is established. Once the territorial sovereignty of China is established, is the only time that Philippine case is under jurisdiction of PCA
- china is saying that the claim of Ph is only with respect with maritime right, they have to decide first under the territorial sovereignty of China.
china's stand
Philippines' Stand:
• Opposes China's claim that they (China) have historic rights over the South China Sea
• As a response, China says their claim is supported by their national law and international law
• However, the PCA is not part of international law, therefore, they can say that China's claims are valid and the other countries' claims are not
• The Philippines also stated that China exceeds the limit set by the Convention on the possible entitlement of maritime affairs
heYO remember this
(NOTE: In arbitration, the third party, in this case the PCA, will make the decision after hearing both stands. The third party is also called the arbitral tribunal or arbitrators so, if you see any of those terms, it's most likely referring to the PCA. The Convention refers to the UNCLOS)
FINAL VERDICT:
• Released on July 12, 2016 at the Hague, Netherlands
• 1st: The PCA will not accept the claim of China having historic rights
Even if there were prehistoric rights, they will be overruled by the (new) Convention
• 2nd:
They will agree with the Phils. that the Scarborough Shoal, Johnson Reef, Cuarteron Reef, and Fiery Cross Reef are high-tide features and that the Subi Reef, Hughes Reef, Mischief Reef, and Second Thomas Shoal were submerged in High Tide in their natural condition
However, they disagree regarding the features of Gaven Reef and the McKennan Reef for they are both high-tide features
Spratlys Island: even though the island was used by fishermen from different states, like China, the island will still not be entitled to any country
• 3rd:
China had violated the Philippines' sovereign rights with respect to its EEZ and continental shelf
Anyone has access to the Scarborough Shoal
• 4th:
The PCA expects the Chinese government to comply with its duties under the Convention
However, China will not recognize or comply with the decision of the Tribunal
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