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Scarborough Shoal

Coordinates: 15°11′N 117°46′E / 15.183°N 117.767°E / 15.183; 117.767
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Scarborough Shoal
Disputed atoll
Landsat 7 image of Scarborough Shoal in 2000
Scarborough Shoal is located in South China Sea
Scarborough Shoal
Scarborough Shoal
Scarborough Shoal is located in Southeast Asia
Scarborough Shoal
Scarborough Shoal
Other names
  • Bajo de Masinloc
  • Democracy Reef
  • Huangyan Island
  • Minzhu Jiao
  • Panacot Shoal
  • Panatag Shoal
  • Scarborough Reef
Geography
LocationSouth China Sea
Coordinates15°11′N 117°46′E / 15.183°N 117.767°E / 15.183; 117.767
Total islands2 islets with many reefs
Major islands1
Highest elevation1.8 m (5.9 ft)
Highest pointSouth Rock
Administration
ProvinceHainan
Prefecture-level citySansha
DistrictXisha
Claimed by
 Republic of China (Taiwan)
Municipality
District		Kaohsiung
Cijin[1][2]
 Philippines
ProvinceZambales
MunicipalityMasinloc
Demographics
Population0

Scarborough Shoal, also known as Panacot, Bajo de Masinloc ("Masinloc Shoal" in Spanish),[3][4] Huangyan Island (Mandarin Chinese: 黄岩岛; pinyin: Huáng Yán Dǎo; lit. 'yellow rock island'),[5] Minzhu Jiao (Guoyu Chinese: 民主礁; lit. 'Democracy Reef'), and Panatag Shoal (Filipino: Buhanginan ng Panatag, lit. 'serene sandbank'),[6] are two skerries between Macclesfield Bank to the west and Luzon to the east. Luzon is 220 kilometres (119 nmi) away and the nearest landmass.[7] The atoll is a disputed territory claimed by the Republic of the Philippines through the Treaty of Washington in 1900 via the 1734 Velarde map,[8] as well as by the People's Republic of China and the Republic of China (Taiwan). The atolls' status is often discussed in conjunction with other territorial disputes in the South China Sea, such as those involving the Spratly Islands and the 2012 Scarborough Shoal standoff. In 2013, the Philippines initiated arbitration against China under UNCLOS. In 2016, the tribunal ruled that China's historic title within the nine-dash line was invalid but did not rule on sovereignty.[9][10]

The atolls' English name came from Captain Philip D'Auvergne, whose East India Company East Indiaman Scarborough grounded on one of the rocks on 12 September 1748 before sailing on to China.[b]

Geography

[edit]

Scarborough Shoal forms a triangle-shaped chain of reefs and rocks with a perimeter of 46 km (29 mi). It covers an area of 150 km2 (58 sq mi), including an inner lagoon. The atolls' highest point, South Rock, is 1.8 m (5 ft 11 in) above sea level at high tide. North of South Rock is a channel, about 370 m (1,214 ft) wide and 9–11 m (30–36 ft) deep, leading into the lagoon. Several other coral rocks encircle the lagoon, forming a large atoll.[6]

The atoll is about 198 km (123 mi) west of Subic Bay. The 5,000–6,000 m (16,000–20,000 ft) deep Manila Trench lies between the atoll and Luzon to the east. The nearest land is in Palauig, Zambales, on Luzon, 220 km (119 nmi) due east.[7]

International laws

[edit]

The doctrine of intertemporal law was established after the Island of Palmas Case ruling. Under the doctrine, treaty rights are assessed under the laws in force at the time the treaty is made, not at the time a dispute takes place.[14] "Were any island within those described bounds ascertained to belong in fact to Japan, China, Great Britain or Holland, the United States could derive no valid title from its ostensible inclusion in the Spanish cession."[15][16][17]

International law on claims differ depending on whether the territory is inhabited. In the 1928 Island of Palmas case, for inhabited territories, the court ruled that "although continuous in principle, sovereignty cannot be exercised in fact at every moment on every point of a territory. The intermittence and discontinuity compatible with the maintenance of the right necessarily differ according as inhabited or inhabited regions are involved, or region enclosed within territories in which sovereignty is incontestably displayed or again regions accessible from, for instance, the high seas."[18] For uninhabited territories, the 1931 Clipperton Island case ruled that "if a territory, by virtue of the fact it was completely uninhabited, is, from the first moment when the occupying state makes its appearance there, at the absolute and undisputed disposition of that state, from the moment the taking of possession must be considered as accomplished, and the occupation is thereby completed. [T]he fact that [France] has not exercised her authority there in a positive manner does not imply the forfeiture of an acquisition already definitely perfected."[19] The ruling was affirmed in the 1933 Eastern Greenland case.[20]

In the Eastern Greenland Case between Norway and Denmark, the critical date doctrine was established. It was ruled by the Permanent Court of International Justice (PCIJ) that the Norwegian proclamation on July 10, 1931, annexing Eastern Greenland was the "critical date" in that case.[21]

Under the principle of Uti possidetis juris, all states must respect former colonies' boundaries. This was established after the Frontier Dispute case between Burkina Faso and Mali. The ICJ ruled that uti possidetis juris is a "general principle, which is logically connected with the phenomenon of the obtaining of independence, wherever it occurs. Its obvious purpose is to prevent the independence and stability of new States being endangered by fratricidal struggles provoked by the challenging of frontiers following the withdrawal of the administering power…Its purpose, at the time of the achievement of independence by the former Spanish colonies of America, was to scotch any designs which non-American colonizing powers might have on regions which had been assigned by the former metropolitan State to one division or another, but which were still uninhabited or unexplored."[22]

In international law, maps cannot establish title to territory unless attached to a treaty. Moreover, maps unilaterally produced by a state, even if not attached to a treaty, can bind the producing state if it is "adverse to its interest". This was established in the 2002 Delimitation of the Border between the State of Eritrea and Ethiopia case, and was affirmed in the Pedra Blanca arbitration between Malaysia and Singapore in 2008, when the ICJ ruled: "The map still stands as a statement of geographical fact, especially when the State adversely affected has itself produced and disseminated it, even against its own interest."[23]

History

[edit]
The 1734 Velarde map shows Galit, Panacot,[c] Lumbay, Los Bajos de Paragua, as well as Borney. The map was one of the key evidences in the Philippines v. China PCA case against China's so-called nine-dash line claims.[24]
Galit, Panacot,[c] and Lumbay shown off the coast of Central Luzon in the 1734 map
Galit, Panacot, Lumbay and Scarborough Shoal shown off the coast of Central Luzon in the 1794 map
Scarborough Shoal, along with Galit, Panacot,[c] and Lumbay shown off the coast of Central Luzon in the 1810 map, originally published in 1771.[25]
Aerial view of Scarborough Shoal (1938)

Scarborough Shoal is named in English after a British civilian merchant ship, the Scarborough which grounded on the feature on 12 September 1748.[b]

The Philippines believes that it refers to one of the 3 islands, Galit, Panacot, and Lumbay shown off the coast of Central Luzon in the 1734 Velarde map[26] amid maps were published with Scarborough shoal, Galit, Panacot and Lumbay in 1771 map.[27]

A number of countries have made historic claims of the use of Scarborough Shoal. In April 1800 it was named Maroona Shoal, after being surveyed by the Santa Lucia, a Spanish frigate, and this name was used on a chart in 1808, but later replaced in the Philippines by the name Bajo de Masinglo.[28]: 8  The name Maroona Shoal was still in dual use on marine charts in English in 1889.[28]: 9 

China said that it has a Yuan dynasty map and subsequent surveys by the royal astronomer Guo Shoujing during Kublai Khan's reign showing that Scarborough Shoal had been used by Chinese fishermen since the 13th century.[29][30] According to Filipino judge Antonio Carpio, maps of ancient China show the island of Hainan as the southernmost point of the country.[31][32][33][34]

In 1734, the Spanish colonial government published the first edition of the Velarde map, showing the territories included in the territory of the Philippines. According to the Phlippines, the map shows actual sovereignty over the Scarborough Shoal (called Panacot in the map), and the Spratly Islands (referred as Los Bajos de Paragua), and is the earliest map which shows sovereignty over the said territories.[35][36][37][38][39] The atolls' current name in English was chosen by Captain Philip D'Auvergne, whose East India Company East Indiaman Scarborough briefly grounded on one of the rocks on 12 September 1748, before sailing on to China.[b]

There are Qing dynasty maps based on 1767 work that show multiple islands in the South China Sea.[d]

In 1771, Jean Baptiste Nicholas D. D'Apre de Mannevillette published a map of the China Sea which includes Scarborough Shoal, along with Galit, Panacot. and Lumbay which are close to the Luzon coast.[25] The Spanish colonial government of the territory of the Philippines launched the first ever survey of Scarborough Shoal on 4 May 1792. The survey, Plano de la Navigacion, was taken by Alejandro Malaspina aboard the ship Santa Lucía, with Filipino comrades.[43] A chart published in 1794, shows Scarborough Shoal in some detail with the date of the grounding incident indicated, while showing Galit, Panacot and Lumbay only as dotted-line outlines.[44] In 1808, the Spanish colonial government published the 1808 Carta General del Archipelago Filipino, showing the sovereign territory of the Philippines, which according to the Phlippines included Scarborough Shoal and the Spratly islands, as recognized by the international community. In 1875, a more complete edition of the Carta General del Archipelago Filipino was published by the Spanish colonial government as the official territory of the Philippines.[45][46]

In 1898, after the Spanish-American War, Spain ceded the Philippines to the United States through the Treaty of Paris (1898), which had maps attached to it. However, Scarborough Shoal, the Spratlys, and parts of Tawi-tawi remained in Spanish hands as they were excluded in the treaty lines. This led to the signing of the Treaty of Washington (1900), which according to the Phlippines retroactively ceded Scarborough Shoal, the Spratly Islands, and the remaining parts of Tawi-tawi to the United States as part of the territory of the Philippines.[45] During the Islas Palmas case, the United States, as representative of the territory of the Philippines, reiterated in a memorandum that the 1875 Carta General del Archipielago Filipino "is both an American official and a Spanish official map" of Philippine territory.[citation needed] According to the Philippines, this bound the United States on its recognition of the Scarborough Shoal and the Spratly Islands as Philippine territory.[47][48] From 1899 to 1902, the United States war department in the territory of the Philippines republished and reissued four times the 1875 Carta General del Archipelago Filipino with the addition of military telegraph lines, military cable lines, eastern cable company lines, and military department boundaries. The maps included Scarborough Shoal as part of Philippine territory, according to the Phlippines.[49]

In 1909 China led an expedition to the Paracels and for the first time formally declared its claim.[50]: 8 [51]

International salvage litigation resulting from the wreck of the Swedish ship Nippon on 8 May 1913, on Scarborough Shoal, was heard and recognised by the claimants in the Philippines.[28]: 9 

In the 1930s China and the Philippines, each without the knowledge of the other, pursued actions relevant to their claims on the Scarborough Shoal.[28]: 4 

China published a map including Scarborough Shoal as its territory in April 1935.[28]: 15 

In 1935, the Philippines adopted the 1935 Philippine Constitution, which reiterated the territory of the Philippines as per the 1898 Treaty of Paris, the 1900 Treaty of Washington, and the 1930 US-UK Treaty.[52]

In 1938, the Commonwealth of the Philippines asked the U.S. State Department to determine ownership of the Scarborough Shoal, but there was no documentary evidence of an official Philippine claim to Scarborough Shoal.[53]

In 1943, China published "China Handbook (1937-1943)" during the Second Sino-Japanese War. Its southernmost territory was defined as "Triton Island of the Paracel Group".[54] China revised the content in 1947, claiming the Spratlys as their southernmost territory for the first time in history. In the 1947 China Handbook, China specifically recognizes that the Spratlys are contested among China, the Philippines, and Indochina.[e]

The Philippine government conducted an oceanographic survey in 1957, and in 1965, the Philippine flag was raised in the area.[56]

In an article from 18 February 1980, the Beijing Review confirmed that Guo Shoujing built an observatory in the Paracel Islands, and not Scarborough Shoal.[57]

When China built their facilities on Mischief Reef within the Philippine EEZ in 1995, then National Security Advisor Jose T. Almonte pushed for the establishment of a lighthouse on Scarborough Shoal to bolster the Philippine claim. The parts of the lighthouse had been fabricated on the mainland Philippines but, according to Almontre, the project was scuttled for internal political reasons and to avoid antagonizing the Chinese.[58]

The 2012 Scarborough Shoal standoff between China and the Philippines led to a situation where access to the atoll was restricted by the People's Republic of China.[59][60] The expected intervention of the United States to protect its ally through an existing mutual defence treaty did not commence after the United States indirectly stated that it does not recognise any nation's sovereignty over Scarborough Shoal, leading to strained ties between the Philippines and the United States.[citation needed] In January 2013, the Philippines formally initiated arbitration proceedings against China's claim on the territories within the "nine-dash line" that includes Spratly Islands and Scarborough Shoal, which it said is "unlawful" under the United Nations Convention on the Law of the Sea (UNCLOS).[61][62] An arbitration tribunal was constituted under Annex VII of UNCLOS and it was decided in July 2013 that the Permanent Court of Arbitration (PCA) would function as registry and provide administrative duties in the proceedings.[63]

On 12 July 2016, the arbitrators of the tribunal of PCA ruled in favor of the Philippines on most of her submissions.. They concluded in the decision that there was no evidence that China had historically exercised exclusive control over the waters or resources, hence there was "no legal basis for China to claim historic rights" over the nine-dash line.[64] Accordingly, the PCA tribunal decision is ruled as final and non-appealable by either country.[65][66] The tribunal also criticised China's land reclamation projects and its construction of artificial islands in the Spratly Islands, saying that it had caused "severe harm to the coral reef environment".[67] It also characterised Taiping Island and other features of the Spratly Islands as "rocks" under UNCLOS, and therefore are not entitled to a 200 nautical mile exclusive economic zone.[68] China however rejected the ruling, calling it "ill-founded".[69] In 2019, Taiwan also rejected the ruling.[70]

In late 2016, following the visit of Philippine president Rodrigo Duterte to seek warmer ties with China, the PRC gave "fishing rights" to Filipino vessels to access the atoll for fishing.[71] In January 2018, Rappler reported that the Chinese Coast Guard frequently took the fish catch of Filipino fisherfolk, paying them "two bottles of mineral water" worth 20 pesos for every 3,000 pesos' worth of fish.[72] On 14 June 2018, China's destruction of Scarborough Shoal's reefs surged to an extent which they became visible via satellites, as confirmed by the University of the Philippines Diliman.[73]

Amid the steady deterioration of China-Philippines relations under Philippine president Bongbong Marcos[74] on 30 April 2024, a Philippine Coast Guard (PCG) ship and a fisheries vessel, accompanied by invited journalists, attempted to approach the waters of the shoal. Chinese Coast Guard ships responded by firing water cannons at the vessels, which sustained damages.[75] PCG spokesperson Commodore Jay Tarriela later said the water cannon incident was not an "armed attack" that could trigger the US-Philippines Mutual Defense Treaty as there was no "death of a soldier or a member of the Philippine Coast Guard", citing Bongbong Marcos' earlier statement.[76]

Land reclamation and other activities in the surrounding area

[edit]

A March 2016 article by the Center for Strategic and International Studies' Asia Maritime Transparency Initiative said that satellite imagery had shown no signs of any land reclamation, dredging or construction activities in Scarborough shoal and the only vessels present were a Chinese civilian ship anchored within the mouth of the lagoon, which has been typical for several years, and two Filipino trimaran-type fishing ships outside the shoal.[77] However, according to the then U.S. chief of naval operations Admiral John Richardson that did not mean that Chinese ships had not performed surveys in preparation for reclamation.[78]

In September 2016 during the ASEAN summit, the Philippine government produced photos that it said showed fresh PRC construction activity at the atoll. A US administration official questioned the Philippines' claim, saying the United States had not detected any unusual activity at Scarborough Shoal.[79]

Also in September 2016, the New York Times reported that PRC activities at the Shoal continued in the form of naval patrols and hydrographic surveys.[80]

In March 2017 the mayor of Sansha City said China was to begin preparatory work for an environmental monitoring station on Scarborough Shoal.[81]

PRC activities in and around the Scarborough Shoal have drawn criticism from US officials.[81] In March 2017 U.S. Senators Marco Rubio and Ben Cardin introduced the South China Sea and East China Sea Sanctions Act which would impose sanctions for Chinese entities and people helping to build South and East China Sea projects.[81]

In June 2019 the Philippine Coast Guard (PCG) spotted a Chinese People's Liberation Army Navy warship, alongside two China Coast Guard vessels, and two Chinese maritime militia vessels near the shoal.[82]

In September 2019, Antonio Carpio, a former Chief Justice of the Supreme Court of the Philippines, said that China would try to reclaim the Scarborough Shoal within Philippine President Rodrigo Duterte's term before it signs the Asean-China Code of Conduct because Duterte had said that Beijing could not be stopped from building because it was too powerful.[83][84]

Academic Jay Batongbacal said that the visiting forces agreement between the Philippines and the United States deterred the transformation of Scarborough Shoal by the PRC into an artificial island, saying, "Scarborough Shoal is the only piece left in the puzzle that they're trying to build. They can now completely exclude other countries from the South China Sea militarily if they're able to put into place all of these military bases."[84]

On September 26, 2023, the Philippine Coast Guard announced that they conducted an operation to remove the floating barrier installed by Chinese Coast Guard officers near the shoal in the southeast.[85][86] A new floating barrier was deployed in 2024.[87]

Sovereignty dispute

[edit]

Claims by China and Taiwan

[edit]
Map depicting the ROC and PRC's territorial claims in South China Sea, with Scarborough Shoal depicted within the nine-dash line of 1947.

The People's Republic of China and Taiwan (Republic of China) claim that Chinese people discovered the atoll centuries ago and that there is a long history of Chinese fishing activity in the area. The atoll lies within the nine-dash line drawn by China on maps marking its claim to islands and relevant waters consistent with United Nations Convention on the Law of the Sea (UNCLOS) within the South China Sea.[88] An article published in May 2012 in the People's Liberation Army Daily states that Chinese astronomer Guo Shoujing went to the island in 1279, under the Yuan dynasty, as part of an empire-wide survey called "Measurement of the Four Seas" (四海測驗).[89] In 1979 historical geographer Han Zhenhua (韩振华) was among the first scholars to claim that the point called "Nanhai" (literally, "South Sea") in that astronomical survey referred to Scarborough Shoal.[90] In 1980 during a conflict with Vietnam for sovereignty over the Paracel Islands (Xisha Islands), however, the Chinese government issued an official document claiming that "Nanhai" in the 1279 survey was located in the Paracels.[91] Historical geographer Niu Zhongxun defended this view in several articles.[92] In 1990, a historian called Zeng Zhaoxuan (曾昭璇) argued instead that the Nanhai measuring point was located in Central Vietnam.[93] Historian of astronomy Chen Meidong (陈美东) and historian of Chinese science Nathan Sivin have since agreed with Zeng's position in their respective books about Guo Shoujing.[94][95] a 2019 article in the publication Maritime Issues suggested that a common fishing ground for China, Vietnam and the Philippines as the best option to avoid deterioration of the conflict.[96]

class=notpageimage|
Location of the major islands in Sansha administrative area of PRC.

Legend：
Black：α – Yongxing Island (Woody Island) (seat of Sansha)
Red：β – Chigua Reef (Johnson South Reef)
Green：γ – Dongmen Reef (Hughes Reef)
Yellow：δ – Huangyan Island (Scarborough Shoal)
Red：ε – Huayang Reef (Cuarteron Reef)
Blue：ζ – Meiji Reef (Mischief Reef)
Blue：η – Nanxun Reef (Gaven Reefs)
Black：θ – Zhongjian Island (Triton Island)
Green：κ – Yongshu Reef (Fiery Cross Reef)

Purple：λ – Zhubi Reef (Subi Reef)

In 1935, China, as the Republic of China (ROC), regarded the atoll as part of the Zhongsha Islands. That position has since been maintained by both the ROC, which now governs Taiwan, and the People's Republic of China (PRC).[97] In 1947, the atoll was given the name Minzhu Jiao (Chinese: 民主礁; lit. 'Democracy Reef'). In 1983, the People's Republic of China renamed it Huangyan Island with Minzhu Jiao reserved as a second name.[98] In 1956, Beijing protested Philippine remarks that the South China Sea islands in close proximity to Philippine territory should belong to the Philippines. China's Declaration on the territorial Sea, promulgated in 1958, says in part,

The breadth of the Territorial Sea of the People's Republic of China shall be twelve nautical miles. This applies to all territories of the People's Republic of China, including the Chinese mainland and its coastal islands, as well as Taiwan and its surrounding islands, the Penghu Islands, the Dongsha Islands, the Xisha Islands, the Zhongsha Islands, the Nansha Islands and all other islands belonging to China which are separated from the mainland and its coastal islands by the high seas.[99]

China reaffirmed its claim of sovereignty over the Zhongsha Islands in its 1992 Law on the territorial Sea and the Contiguous Zone. China claims all the islands, reefs, and shoals within a U-shaped line in the South China Sea drawn in 1947 as its territory. Scarborough Shoal lies within this area.[99]

China further asserted its claim shortly after the departure of the US Navy force from Subic, Zambales, Philippines. In the late 1970s, many scientific expedition activities organised by State Bureau of Surveying, National Earthquake Bureau and National Bureau of Oceanography were held in the atoll and around this area. In 1980, a stone marker reading "South China Sea Scientific Expedition" was installed on the South Rock, but was removed by the Philippines in 1997.[100]

According to Filipino judge Antonio Carpio, during the proceedings of the 2016 South China Sea Arbitration, China sent a position paper wherein it reiterated its recognition of the 1898 Treaty of Paris, the 1900 Treaty of Washington, and the 1930 US-UK Treaty. According to the Philippines, they define the country's territory with Scarborough Shoal and the Spratly Islands specifically included. The Chinese government position paper surprised the Filipino delegation, prompting Carpio to say that China likely did not read the full texts of the treaties they used in court.[101][102][f]

On 10 November 2024, China clarified its detailed basis, in terms of baseline, for a territorial water's claim, on the Scarborough Shoal.[103]

Claim by the Philippines

[edit]
A 1774 reproduction of the 1734 map of the Philippine Islands showing Galit, Panacot,[c] and Lumbay. In contrast, China and Taiwan's claims are backed by a map with eleven dashed lines dated 1947.

The Philippines state that its assertion of sovereignty over the atoll is based on the juridical criteria established by public international law on the lawful methods for the acquisition of sovereignty. Among the criteria (effective occupation, cession, prescription, conquest, and accretion), the Philippine Department of Foreign Affairs (DFA) has asserted that the country exercised both effective occupation and effective jurisdiction over the atoll, which it terms Bajo de Masinloc, since its independence. Thus, it claims to have erected flags in some islands and a lighthouse which it reported to the International Maritime Organization. It also asserts that the Philippine and US Naval Forces have used it as impact range and that its Department of Environment and Natural Resources has conducted scientific, topographic and marine studies in the atoll, while Filipino fishermen regularly use it as fishing ground and have always considered it their own.[105]

The DFA also claims that the name Bajo de Masinloc (translated as "Masinloc shoal") itself identifies the atoll as a particular political subdivision of the Philippine Province of Zambales, known as Masinloc.[105] As basis, the Philippines cites the Island of Palmas Case, where the sovereignty of the island was adjudged by the international court in favour of the Netherlands because of its effective jurisdiction and control over the island despite the historic claim of Spain. Thus, the Philippines argues that the historic claim of China over the Scarborough Shoal still needs to be substantiated by a historic title, since a claim by itself is not among the internationally recognised legal basis for acquiring sovereignty over territory.

It also asserts that there is no indication that the international community has acquiesced to China's historical claim, and that the activity of fishing of private Chinese individuals, claimed to be a traditional exercise among these waters, does not constitute a sovereign act of the Chinese state.[106]

The Philippine government argues that since the legal basis of its claim is based on the international law on acquisition of sovereignty, the exclusive economic zone claim on the waters around Scarborough is different from the sovereignty exercised by the Philippines in the atoll.[105][107]

The Philippine government has proposed taking the dispute to the International Tribunal for the Law of the Sea (ITLOS) as provided in Part XV of the United Nations Convention on the Law of the Sea, but the Chinese government has rejected this, insisting on bilateral discussions.[108][109][110]

The Philippines also claims that as early as the Spanish colonisation of the Philippines, Filipino fishermen were already using the area as a traditional fishing ground and shelter during bad weather.[111]

Several official Philippine maps published by Spain and United States in 18th and 20th centuries show Scarborough Shoal as Philippine territory. The 18th-century map Carta hydrographica y chorographica de las Islas Filipinas (1734) shows 3 atolls Galit, Panacot and Lumbay. The map also shows the shape of Lumbay as consistent with the current maps available as today. In 1792, another map drawn by the Malaspina expedition and published in 1808 in Madrid, Spain also showed Bajo de Masinloc as part of Philippine territory. The map showed the route of the Malaspina expedition to and around the atoll. It was reproduced in the Atlas of the 1939 Philippine Census, which was published in Manila a year later and predates the controversial 1947 Chinese South China Sea Claim Map that shows no Chinese name on it.[112] Another topographic map drawn in 1820 shows the atoll, named there as Bajo Scarburo, as a constituent part of Sambalez (Zambales province).[113] During the 1900s, Mapa General, Islas Filipinas, Observatorio de Manila, and US Coast and Geodetic Survey Map include the Scarborough Shoal named as Baju De Masinloc.[114] A map published in 1978 by the Philippine National Mapping and Resource Information Authority, however, did not indicate Scarborough Shoal as part of the Philippines.[115] Scholar Li Xiao Cong stated in his published paper that Panacot Shoal is not Scarborough Shoal, in the 1778 map A chart of the China Sea and Philippine Islands with the Archipelagos of Felicia and Soloo, Scarborough shoal and 3 other shoals Galit, Panacot and Lumbay were all shown independently. Li also pointed out that the three shoals were also shown on Chinese maps which were published in 1717.[116]

In 1957, the Philippine government conducted an oceanographic survey of the area and together with the US Navy force based in then U.S. Naval Base Subic Bay in Zambales, used the area as an impact range for defence purposes. An 8.3-meter high flag pole flying a Philippine flag was raised in 1965. An iron tower that was to serve as a small lighthouse was also built and operated the same year.[117][118] In 1992, the Philippine Navy rehabilitated the lighthouse and reported it to the International Maritime Organization for publication in the List of Lights. As of 2009, the military-maintained lighthouse is non-operational.[119]

Map showing territory claimed by the Philippines, including internal waters, territorial sea, international treaty limits and exclusive economic zone.

Historically, the Philippine boundary has been defined by its 3 treaties,[120][121] Treaty of Paris (1898), Treaty of Washington (1900) and "Convention regarding the boundary between the Philippine Archipelago and the State of North Borneo". Many analysts consider that the 1900 Treaty of Washington concerned only the islands of Sibutu and Cagayan de Sulu.,[122][123] but a point of view argued that Scarborough Shoal has been transferred to the United States based on the Treaty of Washington (1900),[124] ignoring the fact that the cession documents from the United States to the Philippines did not have any reference to the Scarborough Shoal.[125]

Presidential Decree No. 1596 issued by President Ferdinand Marcos on 11 June 1978 asserted that islands designated as the Kalayaan Island Group and comprising most of the Spratly Islands are subject to the sovereignty of the Philippines,[126] and by virtue of the Presidential Decree No. 1599 issued on 11 June 1978 claimed an Exclusive Economic Zone up to 200 nautical miles (370 km) from the baselines from which their territorial sea is measured.[127]

The Philippines' bilateral dispute with China over the atoll began at the start of 1997 with Filipino naval ships preventing Chinese boats from approaching the atoll including at one point turning away a boat carrying ham radio operators and again.[6][128] On 5 June of that year, Domingo Siazon, who was then the Philippine Secretary of Foreign Affairs, testified in front of the Committee on Foreign Relations of the United States Senate that the Shoal was "a new issue on overlapping claims between the Philippines and China".[129]

In 2009, the Philippine Baselines Law of 2009 (RA 9522), principally authored by Antonio Trillanes[130] and sponsored by Senator Miriam Defensor Santiago, was enacted into law by President Gloria Macapagal-Arroyo. The new law classified the Kalayaan Island Group and the Scarborough Shoal as a regime of islands under the Republic of the Philippines.[4][131]

In 2012 the Department of Foreign Affairs asserts that Philippine sovereignty and jurisdiction over the Scarborough Shoal are not premised on the cession by Spain of the Philippine archipelago to the United States under the Treaty of Paris and whether the shoal is included within the limits of the 1898 treaty is immaterial and of no consequence.[105][107]

In 2015 the Philippines offered to downgrade its claim over parts of the Malaysian state of Sabah if Malaysia adopted a different position on maritime claims that could help strengthen the Philippines' case in its arbitration against China. Malaysia considered this to be against its maritime interest and a risk to its ties with China.[132]

[edit]
This section is an excerpt from South China Sea Arbitration.[edit]

The South China Sea Arbitration (Philippines v. China, PCA case number 2013–19)[133] was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII (subject to Part XV) of the United Nations Convention on the Law of the Sea (UNCLOS, ratified by the Philippines in 1984, by the PRC in 1996, opted out from Section 2 of Part XV by China in 2006[134]) concerning certain issues in the South China Sea, including the nine-dash line introduced by the mainland-based Republic of China since as early as 1947.[135][136][137] A tribunal of arbitrators appointed the Permanent Court of Arbitration (PCA) as the registry for the proceedings.[138]

On 19 February 2013, China declared that it would not participate in the arbitration.[139] On 7 December 2014, it published a white paper to elaborate its position that, among other points, the tribunal lacks jurisdiction.[140][141] In accordance with Article 3 of Annex VII of UNCLOS, the Philippines appointed 1 of the 5 arbitrators, while China did not appoint any.[143] On 29 October 2015, the tribunal concluded that it had jurisdiction to consider seven of the Philippines' submissions, subject to certain conditions, and postponed the consideration of its jurisdiction on the other eight submissions to the merits phase.[144][145][146]

On 12 July 2016, the arbitral tribunal ruled in favor of the Philippines on most of its submissions. It clarified that while it would not "rule on any question of sovereignty ... and would not delimit any maritime boundary", China's historic rights claims over maritime areas (as opposed to land masses and territorial waters) within the "nine-dash line" have no lawful effect unless entitled to under UNCLOS.[147][148][149][150] China has rejected the ruling, as has Taiwan.[151][152] As of November 2023, 26 governments support the ruling, 17 issued generally positive statements noting the ruling but not called for compliance, and eight rejected it.[153] The United Nations does not hold any position on the case or on the disputed claims.[154]

See also

[edit]
Wikimedia Commons has media related to Scarborough Shoal.

Other East Asian island disputes

[edit]

Notes

[edit]
  1. ^ See the 2012 Scarborough Shoal standoff article.
  2. ^ a b c While the date of the Scarborough Shoal grounding is 1748,[11][12] there is a text typo of 1784 in an 1801 reference which can cause confusion. This source also gives the correct date of 1748 in another table.[13]
  3. ^ a b c d The island later named Spratley Island (also known as Bajo de Masinloc (or South Maroona / Marsingola)) has been surmised to be Panacot.[104]
  4. ^ Two Qing dynasty maps are held in USA Library of Congress. They both are catalogued as having being created from original 1767 work.[40] An 1811 version Chinese language title has been translated as "The great Qing Dynasty's complete map of all under heaven" and this map has labelled detail on many of the islands.[41] A later version has been translated as "Complete geographical map of the great Qing Dynasty, Complete and general map of everlasting China"[42]
  5. ^ The original reference to this statement was[55] There is the possibility that the actual reference should be China Handbook 1937–1945, New Edition with 1946 Supplement. Compiled by Chinese Ministry of Information. New York: Macmillan Co.; 1947. Pp. xvi, 844.
  6. ^ China added in its position paper that "the territory of the Philippines was confined to the Philippine Islands, having nothing to do with any of China's maritime features in the South China Sea"

References

[edit]
  1. ^ Lin, Cheng-yi (19 February 2008). "Taiwan's Spratly Initiative in the South China Sea". Association for Asia Research. Archived from the original on 14 May 2011. Retrieved 6 March 2023.
  2. ^ "Ministry of Foreign Affairs of the Republic of China (Taiwan) reiterates its position on the South China Sea". Taiwan Ministry of Foreign Affairs. 7 July 2015.
  3. ^ "Philippine position on Bajo de Masinloc (Scarborough Shoal) and the waters within its vicinity". Official Gazette of the Republic of the Philippines. Department of Foreign Affairs. 18 April 2012. Retrieved 6 March 2023. The name Bajo de Masinloc (translated as "under Masinloc") itself identifies the shoal as a particular political subdivision of the Philippine province of Zambales, known as Masinloc.
  4. ^ a b "Republic Act No. 9522". Philippine Supreme Court E-Library. Supreme Court of the Philippines. 12 March 2019. Archived from the original on 7 June 2019. Retrieved 7 June 2019.
  5. ^ Aning, Jerome (5 May 2012). "PH plane flies over Panatag Shoal". Philippine Daily Inquirer. Archived from the original on 26 February 2014. Retrieved 15 February 2014.
  6. ^ a b c Zou, Keyuan (1999). "Scarborough Reef: a new flashpoint in Sino-Philippine relations?" (PDF). IBRU Boundary & Security Bulletin, University of Durham. 7 (2): 11. Archived (PDF) from the original on 10 August 2013. Retrieved 15 February 2014.
  7. ^ a b Elleman, Bruce; Kotkin, Stephen; Schofield, Clive (18 December 2014). Beijing's Power and China's Borders: Twenty Neighbors in Asia. Routledge. ISBN 978-1-317-51564-7. Retrieved 12 May 2021.
  8. ^ Mateo, Janvic (7 June 2024). "China has backed Philippine maritime zone – Carpio". The Philippine Star. Retrieved 10 November 2024.
  9. ^ Matikas Santos (12 July 2016). "China's 'nine-dash line, historic rights' invalid–tribunal". Philippine Daily Inquirer. Archived from the original on 13 July 2016. Retrieved 23 May 2020.
  10. ^ "PRESS RELEASE—The South China Sea Arbitration" (PDF) (Press release). Permanent Court of Arbitration. 12 July 2016. Archived from the original (PDF) on 12 July 2016. Retrieved 22 January 2019.
  11. ^ W. Gilbert (1804) A New Nautical Directory for the East-India and China Navigation .., pp.480–482.
  12. ^ James Horsburgh · 'India Directory, Or, Directions for Sailing to and from the East Indies, China, New Holland, Cape of Good Hope, Brazil, and the Interjacent Ports' 1817 p. 255
  13. ^ Joseph Huddart (1801). The Oriental Navigator, Or, New Directions for Sailing to and from the East Indies: Also for the Use of Ships Trading in the Indian and China Seas to New Holland, &c. &c. James Humphreys. p. 454. Archived from the original on 10 September 2017. Retrieved 28 February 2016.
  14. ^ The Evolutionary Interpretation of Treaties, Eirik Bjorgee, Oxford, p. 142 (2014)
  15. ^ Ministerio De Estado, Spain (1905). Spanish Diplomatic Correspondence and Documents 1896-1900.
  16. ^ Jennings, R. Y. (June 2017). The acquisition of territory in international law: With a new introduction by Marcelo G. Kohen. Manchester University Press. ISBN 978-1-5261-1718-2.
  17. ^ "Island of Palmas Case". Report of International Arbitral Awards. United Nations. 2006. p. 845. Retrieved 11 August 2024.
  18. ^ "Island of Palmas Case". Report of International Arbitral Awards. United Nations. 2006. p. 840. Retrieved 11 August 2024.
  19. ^ Arbitral Award on the Subject of the Difference Relative to the Sovereignty over Clipperton Island, American Journal of International Law 26, No. 2 (April 1931); 390.
  20. ^ Legal Status of Eastern Greenland (Norway v. Denmark), Permanent Court of International Justice, 1933, pp. 51-52, PCIJ Series A/B. 53
  21. ^ Legal Status of Eastern Greenland (Norway v. Denmark), Permanent Court of International Justice, 1933, PCIJ Series A/B. No. 53
  22. ^ "uti possidetis juris". LII / Legal Information Institute. Retrieved 2 August 2024.
  23. ^ Case Concerning Sovereignty over Pedra Blanca/Pulau Batu Puteh, Middle Rocks and South Ledge, Malaysia v.Singapore, ICJ, May 23, 2008.
  24. ^ "Ever heard of the 1734 Murillo Velarde map and why it should be renamed?". Rappler. 20 September 2019. Archived from the original on 27 September 2019. Retrieved 6 May 2020.
  25. ^ a b "A Chart of the China Sea Inscribed to Monsr. d'Apres de Mannevillette the Ingenious Author of the Neptune Oriental: As a Tribute Due to his Labours for the Benefit of Navigation; and in acknowledgement of his many signal Favours to A. Dalrymple". Alexander Dalrymple. 1771.
  26. ^ https://mb.com.ph/2024/2/9/amplifying-the-true-narrative-of-the-west-philippine-sea[timestamp needed]
  27. ^ "A Chart of the China Sea Inscribed to Monsr. d'Apres de Mannevillette the Ingenious Author of the Neptune Oriental: As a Tribute Due to his Labours for the Benefit of Navigation; and in acknowledgement of his many signal Favours to A. Dalrymple" (1775 ed.). Paris: Jean Baptiste Nicholas D. D'Apre de Mannevillette. Retrieved 12 November 2024.
  28. ^ a b c d e Bonnet, François-Xavier (November 2012). Les Notes de l'Irasec n°14 - Irasec's Discussion Papers #14 Geopolitics of Scarborough Shoal. IRASEC, Bangkok. pp. 1–42. Archived from the original on 30 January 2023. Retrieved 12 July 2024.
  29. ^ Arches II, Victor (28 April 2012). "It belongs to China". Manila Standard Today.
  30. ^ "Philippine Newspaper: "Huangyan Island belongs to China"". China Internet Information Center. 11 May 2012.
  31. ^ Regencia, Ted. "China's own records debunk 'historic rights' over disputed seas". Al Jazeera. Retrieved 2 August 2024.
  32. ^ Diola, Camille. "China's old maps negate own 'historical' claims over Spratlys". Philstar.com. Retrieved 2 August 2024.
  33. ^ Avendaño, Christine O. (10 June 2014). "Justice Carpio debunks China's historical claim". INQUIRER.net. Retrieved 2 August 2024.
  34. ^ "Justice Carpio tears down China's historical lies | Per Se". Retrieved 2 August 2024.
  35. ^ Institute for Maritime and Ocean Affairs (8 June 2024). Philippine Island Territories in the West Philippine Sea. Retrieved 2 August 2024 – via YouTube.
  36. ^ https://mb.com.ph/2024/2/9/amplifying-the-true-narrative-of-the-west-philippine-sea[timestamp needed]
  37. ^ Storms, Martijn; Cams, Mario; Demhardt, Imre Josef; Ormeling, Ferjan (13 May 2019). Mapping Asia: Cartographic Encounters Between East and West: Regional Symposium of the ICA Commission on the History of Cartography, 2017. Springer. p. 92. ISBN 978-3-319-90406-1. Retrieved 12 May 2021.
  38. ^ Vitug, Marites Dañguilan (21 November 2018). Rock Solid: How the Philippines Won Its Maritime Case against China. Ateneo de Manila University Press. ISBN 978-971-550-887-2. Retrieved 12 May 2021.
  39. ^ Li Xiaocong (2015). 从古地图看黄岩岛的归属 [Viewing the Ownership of Huangyan Island from Ancient Maps] (PDF). Journal of Nanjing University (Philosophy, Humanities and Social Sciences) (in Chinese) (4). Archived from the original (PDF) on 24 June 2016.
  40. ^ "Library of Congress:Search:Contributer Huang, Qianren". Library of Congress. Retrieved 19 July 2024.
  41. ^ Huang, Qianren. "Da Qing wan nian yi tong tian xia quan tu (大清万年一统天下全图)" (Map). China: publisher not identified. Retrieved 19 July 2024.
  42. ^ Huang, Qianren. "Da Qing wan nian yi tong di li quan tu (大清萬年一統地理全圖)" (Map). China: publisher not identified. Retrieved 19 July 2024.
  43. ^ chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.imoa.ph/imoawebexhibit/Splices/The%20Historical%20Facts%20in%20the%20WPS-page45.pdf
  44. ^ "A chart of the China Sea, and Philippine Islands, with the Archipelagos of Felicia and Soloo, shewing the whole tract comprized between Canton and Balambangan with the soundings, shoals, rocks, & ca. [cartographic material] / composed from an original drawing communicated by Capt. Robert Carr, and compared with the map of Pedro Murillo de Velarde, engraved at Manilla in 1734, as well as with the surveys of several British navigators". National Library of Australia. 1794.
  45. ^ a b "'Amplifying the true narrative of the West Philippine Sea'". Manila Bulletin. Retrieved 2 August 2024.
  46. ^ Bondoc, Jarius. "Panatag is proven PH territory; China claims it by bogus history". Philstar.com. Retrieved 2 August 2024.
  47. ^ Bondoc, Jarius. "Carpio debunks China lie about owning Spratlys". Philstar.com. Retrieved 2 August 2024.
  48. ^ Vega, Chito de la (11 November 2023). "ANALYSIS: The most complicated dispute in the world". RAPPLER. Retrieved 2 August 2024.
  49. ^ "1901 U.S. War Department Map of the Philippines". Geographicus Rare Antique Maps. Retrieved 2 August 2024.
  50. ^ Tonnesson, Stein (2006). "The South China Sea in the Age of European Decline". Modern Asian Studies. 40 (1). Cambridge University Press, United Kingdom: 1–41. doi:10.1017/S0026749X06001727. Archived from the original on 5 March 2016. Retrieved 13 April 2009 – via International Peace Research Institute, Oslo.
  51. ^ Bill Hayton (16 May 2018). "China's Claim to the Spratly Islands is Just a Mistake". CIMSEC. In the end, the Chinese government decided that it could not prove a claim to the Spratlys
  52. ^ https://www.officialgazette.gov.ph/constitutions/the-1935-constitution/ [bare URL]
  53. ^ Scheiber, Harry N.; Kraska, James; Kwon, Moon-Sang (24 July 2015). Science, Technology, and New Challenges to Ocean Law. BRILL. pp. 405-406. ISBN 978-90-04-29961-0. Retrieved 12 May 2021.
  54. ^ China Handbook (1937-1943). The Chinese Ministry of Information.
  55. ^ China Handbook (1947). The Chinese Ministry of Information.
  56. ^ Rosen, Mark E. (August 2014). Philippine Claims in the South China Sea: A Legal Analysis (PDF). CNA. pp. 25–26. Archived from the original (PDF) on 9 December 2016. Retrieved 12 May 2021.
  57. ^ "China's Indisputable Sovereignty Over the Xisha and Nansha Islands", Beijing Review Issue 7, 18 February 1980 https://s3.documentcloud.org/documents/3009524/China-S-Indisputable-Sovereignty-Over-the-Xisha.pdf
  58. ^ Sullivan, Michael (20 May 2016). "Could A Lighthouse Have Prevented South China Sea's Latest Flashpoint?". NPR.org. Retrieved 9 June 2021.
  59. ^ Southgate, Laura (8 May 2019). ASEAN Resistance to Sovereignty Violation: Interests, Balancing and the Role of the Vanguard State. Policy Press. p. 173. ISBN 978-1-5292-0220-5. Retrieved 12 May 2021.
  60. ^ Tordesillas, Ellen (21 January 2013). "Chinese 'occupation' of Bajo de Masinloc could reduce PH territorial waters by 38 percent". VERA Files. ABS-CBN News and Current Affairs. Archived from the original on 23 January 2013. Retrieved 15 February 2014.
  61. ^ "Timeline: South China Sea dispute". Financial Times. 12 July 2016. Archived from the original on 14 December 2016. Retrieved 13 July 2016.
  62. ^ Beech, Hannah (11 July 2016). "China's Global Reputation Hinges on Upcoming South China Sea Court Decision". TIME. Archived from the original on 13 July 2016. Retrieved 2 July 2018.
  63. ^ "Press Release: Arbitration between the Republic of the Philippines and the People's Republic of China: Arbitral Tribunal Establishes Rules of Procedure and Initial Timetable". PCA. 27 August 2013. Archived from the original on 21 July 2016. Retrieved 13 July 2016.
  64. ^ "Press Release: The South China Sea Arbitration (The Republic of the Philippines v. The People's Republic of China)" (PDF). PCA. 12 July 2016. Archived from the original (PDF) on 12 July 2016. Retrieved 13 July 2016.
  65. ^ "A UN-appointed tribunal dismisses China's claims in the South China Sea". The Economist. 12 July 2016. Archived from the original on 13 September 2017. Retrieved 11 September 2017.
  66. ^ Perez, Jane (12 July 2016). "Beijing's South China Sea Claims Rejected by Hague Tribunal". The New York Times. Archived from the original on 12 July 2016. Retrieved 3 March 2017.
  67. ^ Tom Phillips; Oliver Holmes; Owen Bowcott (12 July 2016). "Beijing rejects tribunal's ruling in South China Sea case". The Guardian. Archived from the original on 12 July 2016. Retrieved 13 July 2016.
  68. ^ Chow, Jermyn (12 July 2016). "Taiwan rejects South China Sea ruling, says will deploy another navy vessel to Taiping". The Straits Times. Archived from the original on 17 June 2018. Retrieved 2 July 2018.
  69. ^ "South China Sea: Tribunal backs case against China brought by Philippines". BBC News. 12 July 2016. Archived from the original on 20 June 2018. Retrieved 21 June 2018.
  70. ^ Jun Mai; Shi Jiangtao (12 July 2016). "Taiwan-controlled Taiping Island is a rock, says international court in South China Sea ruling". South China Morning Post. Archived from the original on 15 July 2016. Retrieved 2 July 2018.
  71. ^ Krishnamoorthy, Nandini (9 February 2017). "South China Sea: Philippines sees Chinese attempt to build on reef near its coast". IBT International Business Times. Archived from the original on 9 February 2017. Retrieved 9 February 2017.
  72. ^ Randy V. Datu (14 June 2018). "2 bottles of water for P3,000 worth of fish in Panatag Shoal". Rappler. Archived from the original on 23 January 2019. Retrieved 22 January 2019.
  73. ^ "Destruction of Scarborough Shoal seen on Google Earth". philstar.com. Archived from the original on 17 April 2019. Retrieved 22 January 2019.
  74. ^ De Castro, Renato Cruz (6 March 2024). "The Philippines' Renewed "Hard Balancing" Policy toward China: Has the Time Come for De Facto Philippine-Taiwan Security Relations?". Global Taiwan Institute. Archived from the original on 14 March 2024. Retrieved 3 May 2024. The Philippines' efforts at renewing its hard balancing policy toward China's maritime expansion in the South China Sea naturally caught Beijing's attention, and earned its fury. In 2023, Chinese officials and media outlets expressed grave concern with the steady deterioration in Philippine-China bilateral relations, while President Marcos strengthened the Philippines' alliance with the United States and its security partnerships with Japan and Australia.
  75. ^ "Chinese coast guard fires water cannons at Philippine vessels in the latest South China Sea incident". AP News. Associated Press. 30 April 2024. Archived from the original on 30 April 2024. Retrieved 3 May 2024.
  76. ^ Mendoza, John Eric (1 May 2024). "Tarriela: Latest water cannon incident in Scarborough not an armed attack". Philippine Daily Inquirer. Archived from the original on 2 May 2024. Retrieved 3 May 2024.
  77. ^ "Scarborough Contingency plan". www.amti.csis.org. CSIS maritime Transparency Initiative. 30 March 2016. Archived from the original on 11 February 2017. Retrieved 9 February 2017.
  78. ^ Poling, Gregory; Cooper, Zack (30 March 2016). "No reclamation so far on Scarborough Shoal". www.amti.csis.org. CSIS AMTI. Archived from the original on 11 February 2017. Retrieved 9 February 2017.
  79. ^ Malakunas, Karl; Abbugao, Martin (8 September 2016). "China under pressure at Asia summit over sea row". Yahoo News. Archived from the original on 8 September 2016. Retrieved 8 September 2016.
  80. ^ Perlez, Jane (5 September 2016). "New Chinese Vessels Seen Near Disputed Reef in South China Sea". NYT. Archived from the original on 6 September 2016. Retrieved 8 September 2016.
  81. ^ a b c "China to build on disputed shoal in South China Sea". Reuters. 17 March 2017.
  82. ^ Panda, Ankit (10 June 2019). "South China Sea: Philippine Coast Guard Spots PLAN Warship Off Scarborough Shoal". The Diplomat.
  83. ^ "Carpio: China to try to reclaim Scarborough Shoal before Duterte term ends". Philippine Daily Inquirer. 26 September 2019.
  84. ^ a b "Scarborough Shoal last 'piece' of China's militarization in disputed sea: analyst". ABS CBN. 10 February 2020.
  85. ^ https://asia.nikkei.com/Politics/International-relations/South-China-Sea/Philippines-dismantles-Chinese-floating-barrier-at-Scarborough-Shoal [bare URL]
  86. ^ "PCG: China installs floating barrier southeast of Bajo de Masinloc". 24 September 2023.
  87. ^ "Satellite images reveal PRC barrier at disputed atoll". taipeitimes.com. Taipei Times. Retrieved 26 February 2024.
  88. ^ Rosenberg, David, "Governing the South China Sea: From Freedom of the Seas to Ocean Enclosure Movements" Archived 20 August 2014 at the Wayback Machine, Harvard Asia Quarterly | The South China Sea "2013/02".
  89. ^ Luo, Zheng 罗铮; Lü, Desheng 吕德胜 (10 May 2012). "Six Irrefutable Proofs: Huangyan Island Belongs to China 六大铁证：黄岩岛属于中国 (in Chinese)". PLA Daily 解放军报. Archived from the original on 23 May 2012. Retrieved 22 May 2012. See under "Irrefutable proof 1: China discovered the Huangyuan Island long time ago" 铁证一：中国早发现黄岩岛.
  90. ^ Han, Zhenhua 韩振华 (1979). "The South Sea as Chinese National Territory in the Yuan-Era 'Measurement of the Four Seas' 元代《四海测验》中的中国疆宇之南海 (in Chinese)". Research on the South China Sea 南海问题研究. 1979. Archived from the original on 5 October 2013. Retrieved 22 May 2012. A rough English translation of this article can be found here Archived 25 June 2013 at the Wayback Machine.
  91. ^ China's Sovereignty Over the Xisha and Zhongsha Islands is Indisputable 中国对西沙群岛和南沙群岛的主权无可争辩 (in Chinese). Foreign Ministry of the People's Republic of China 中华人民共和国外交部. 30 January 1980. p. 6.. This document claims that "the Nanhai measuring point was 'where the pole star rises at 15 [ancient Chinese] degrees [above the horizon]', which should correspond to 14.47 [modern] degrees; adding a margin of error of about 1 degree, its location falls precisely on today's Xisha Islands" (南海这个测点'北极出地一十五度'应为北纬14度47分，加上一度左右的误差，其位置也正好在今西沙群岛), which shows that "the Xisha Islands were inside Chinese territory during the Yuan dynasty" (西沙群岛在元代是在中国的疆界之内).
  92. ^ See for instance Niu, Zhongxun (1998). "Investigation on the Geographical Location of Nanhai in the Yuan-Dynasty Survey of the Four Seas 元代四海测验中南海观测站地理位置考辨". Research on the Historical Geography of China's Frontiers 中国边疆史地研究. 1998 (2)..
  93. ^ Zeng, Zhaoxuan 曾昭旋 (1990). "The Yuan-Dynasty Survey of Nanhai was in Champa: Guo Shoujing Did not Go to the Zhongsha or Xisha to Measure Latitude 元代南海测验在林邑考--郭守敬未到西中沙测量纬度 (in Chinese)". Historical Research 历史研究. 1990 (5).. Among other evidence, Zeng cites a Chinese geologist who argues that the Scarborough Shoal was still submerged under water during the Yuan dynasty.
  94. ^ Chen, Meidong 陈美东 (2003). Critical Biography of Guo Shoujing 郭守敬评传. Nanjing: Nanjing University Press. pp. 78 and 201–4..
  95. ^ Sivin, Nathan (2009). Granting the Seasons: The Chinese Astronomical Reform of 1280. New York: Springer. pp. 577–79..
  96. ^ Granados, Ulises (22 December 2019). "Scarborough Shoal: Debunking Historical Myths".
  97. ^ Zou 2005, p. 63.
  98. ^ Zou 2005, p. 62.
  99. ^ a b Zou 2005, p. 64.
  100. ^ Chen Ruobing 陈若冰 (21 April 2012). 中国与菲律宾中沙黄岩岛之争 [The dispute between China and the Philippines over Zhongsha Huangyan Island] (in Chinese). Sohu News. Archived from the original on 21 April 2012. Retrieved 21 March 2014. English translation of original Chinese text available here Archived 30 April 2012 at the Wayback Machine.
  101. ^ "China has backed Philippine maritime zone – Carpio". The Philippine STAR.
  102. ^ "China's 'nine-dash line, historic rights' invalid – tribunal". 12 July 2016.
  103. ^ "菲出台海洋法后 中国公布黄岩岛领海基线". Singapore: Lianhe Zaobao (联合早报). 10 November 2024. Archived from the original on 10 November 2024.
  104. ^ "Bajo de Masinloc (Scarbourohgh Shoal): Less–known facts vs. published fiction". Institute for Maratime and Ocean Affairs. n.d.
  105. ^ a b c d Philippine Position on Bajo de Masinloc and the Waters Within its Vicinity Archived 26 April 2012 at the Wayback Machine (18 April 2012), The Department of Foreign Affairs of the Republic of the Philippines.
  106. ^ "Philippine Position on Bajo de Masinloc and the Waters Within its Vicinity". 18 April 2012. Archived from the original on 26 April 2012. Retrieved 19 April 2012.
  107. ^ a b PH sovereignty based on Unclos, principles of international law (20 April 2012), The Department of Foreign Affairs of the Republic of the Philippines (as reported by globalnation.inquirer.net Archived 19 April 2012 at the Wayback Machine).
  108. ^ "China deploys gunboat". Philippine Daily Inquirer. 20 April 2012. Archived from the original on 22 April 2012. Retrieved 20 April 2012.
  109. ^ Fr. Joaquin G. Bernas S. J. (22 April 2012). "Scarborough Shoal". Philippine Daily Inquirer. Archived from the original on 4 May 2012. Retrieved 14 May 2012.
  110. ^ PART XV: SETTLEMENT OF DISPUTES Archived 8 July 2017 at the Wayback Machine, UNITED NATIONS CONVENTION ON THE LAW OF THE SEA: AGREEMENT RELATING TO THE IMPLEMENTATION OF PART XI OF THE CONVENTION Archived 28 June 2017 at the Wayback Machine, The United Nations.
  111. ^ Zou 2005, pp. 64–65.
  112. ^ "The Manila Times – Trusted Since 1898". The Manila Times. Archived from the original on 9 July 2012. Retrieved 17 April 2012.
  113. ^ "Scarborough belongs to PH, old maps show". Philippine Daily Inquirer. 23 April 2012. Archived from the original on 23 April 2012. Retrieved 23 April 2012.
  114. ^ "In a Troubled Sea: Reed Bank, Kalayaan, Lumbay, Galit, and Panacot". Yahoo News Philippines. 28 March 2011. Archived from the original on 13 March 2013.
  115. ^ Zou 2005, p. 58
  116. ^ Li Xiaocong (2015). 从古地图看黄岩岛的归属 [Viewing the Ownership of Huangyan Island from Ancient Maps] (PDF). Journal of Nanjing University (Philosophy, Humanities and Social Sciences) (in Chinese) (4). Archived from the original (PDF) on 24 June 2016.
  117. ^ "In The Know: The Scarborough Shoal". Philippine Daily Inquirer. 12 April 2012. Archived from the original on 24 June 2012. Retrieved 12 June 2012.
  118. ^ What's become of the MMDA?, Philippine Star, 2 April 2008 [dead link‍]
  119. ^ COAST GUARD DISTRICT NATIONAL CAPITAL REGION – CENTRAL LUZON LIGHTSTATIONS (archived from the original on 16 January 2010)
  120. ^ Bautista, Lowell (2009). "The Philippine Treaty Limits and Territorial Water Claim in International Law". ro.uow.edu.au. Archived from the original on 23 January 2019. Retrieved 22 January 2019.
  121. ^ "Backgrounder: Facts about Philippines' illegal occupation of China's Nansha Islands – Xinhua | English.news.cn". Archived from the original on 8 August 2016. Retrieved 9 June 2016.
  122. ^ François-Xavier Bonnet (November 2012). Geopolitics of Scarborough Shoal (pdf) (Report). IRASEC. p. 12. Archived from the original on 4 March 2016. Retrieved 22 October 2015. Many analysts consider, in a restrictive manner, that this treaty concerned only the islands of Sibutu and Cagayan de Sulu. In fact, the unique article of this treaty is open to all islands that belonged to the Philippines during the Spanish time but would be found, in the future, outside the limits of the Treaty of Paris. Among them were the two islands cited above.
  123. ^ Joaquin G. Bernas (1 January 1995). Foreign Relations in Constitutional Law. Rex Bookstore, Inc. pp. 42–. ISBN 978-971-23-1903-7. Archived from the original on 17 August 2017. Retrieved 6 October 2016.
  124. ^ "Maritime affairs expert separates facts from fiction on Scarborough Shoal". Philippine Daily Inquirer. 6 October 2014. Archived from the original on 23 October 2015. Retrieved 21 October 2015.
  125. ^ Bautista, Lowell B. (2008). "The Historical Context and Legal Basis of the Philippine Treaty Limits" (PDF). blog.hawaii.edu. Archived (PDF) from the original on 27 August 2015. Retrieved 22 January 2019.
  126. ^ "Presidential Decree No. 1596, s. 1978". Official Gazette of the Republic of the Philippines. 11 June 1978. Archived from the original on 14 July 2017. Retrieved 11 September 2023.
  127. ^ "Presidential Decree No. 1599, s. 1978". Official Gazette of the Republic of the Philippines. 11 June 1978. Archived from the original on 21 July 2021. Retrieved 11 September 2023.
  128. ^ Schmetzer, Uli (21 May 1997). "Philippines beefing up its air force and navy". Chicago Tribune. Chicago, Illinois.
  129. ^ Zou, Keyuan (2005). Law of the Sea in East Asia: Issues And Prospects. Psychology Press. pp. 57–58. ISBN 978-0-415-35074-7. Archived from the original on 24 July 2017. Retrieved 28 February 2016.
  130. ^ "Senate of the Philippines 18th Congress". Senate of the Philippines. Retrieved 21 April 2021.
  131. ^ Philippine Baselines Law of 2009 Archived 18 March 2009 at the Wayback Machine (11 March 2009), GMA News.
  132. ^ "Philippines offers Sabah to win Malaysia's support for UN case vs China". Philstar.com. Retrieved 20 September 2024.
  133. ^ "The South China Sea Arbitration (The Republic of Philippines v. The People's Republic of China)". Archived from the original on 23 December 2020. Retrieved 25 December 2020.
  134. ^ "Declarations made by States Parties under article 298". ITLOS. n.d. Retrieved 26 August 2024. China | The Government of the People's Republic of China does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a) (b) and (c) of Article 298 of the Convention.
  135. ^ Wu, Shicun (2013). Solving Disputes for Regional Cooperation and Development in the South China Sea: A Chinese Perspective. Chandos Asian Studies Series. Elsevier Reed. p. 79 "History of the U-shaped line". ISBN 978-1780633558. Archived from the original on 7 April 2023. Retrieved 13 February 2021.
  136. ^ "Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements". United Nations. Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations. 3 September 2020. Archived from the original on 14 April 2009. Retrieved 12 February 2021.
  137. ^ "Seventh Press Release 29102015". Permanent Court of Arbitration. 29 October 2015. Archived from the original on 10 March 2022. Retrieved 30 January 2022.
  138. ^ "First Press Release". Permanent Court of Arbitration. 27 August 2013. Archived from the original on 10 March 2022. Retrieved 30 January 2022.
  139. ^ "PHL PRC China Note Verbale". Archived from the original on 19 September 2016. Retrieved 27 August 2016.
  140. ^ Chinese Society of International Law. The Tribunal's Award in the "South China Sea Arbitration" Initiated by the Philippines Is Null and Void (Report). Archived from the original on 22 August 2016. Retrieved 12 June 2016.
  141. ^ Ministry of Foreign Affairs of the People's Republic of China. Position Paper of the Government of the People's Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines (Report). Archived from the original on 7 June 2016. Retrieved 12 June 2016.
  142. ^ a b c d "Award: PCA case N° 2013-19 in the matter of the South China Sea arbitration". Permanent Court of Arbitration. 12 July 2016. Archived from the original on 30 January 2022. Retrieved 30 January 2022.
  143. ^ PCA Award, Section II(B), p. 12.[142]
  144. ^ PCA Award, Section IV(B)(6), p. 63.[142]
  145. ^ "Philippines asks tribunal to invalidate China's sea claims". The Philippine Star. Associated Press. 2015. Archived from the original on 12 October 2016. Retrieved 17 July 2016.
  146. ^ "World tribunal to hear South China Sea case". Bangkok Post. 30 October 2015. Archived from the original on 7 April 2023. Retrieved 3 August 2022.
  147. ^ PCA Award, Section V(F)(d)(264, 266, 267), p. 113.[142]
  148. ^ PCA Award, Section V(F)(d)(278), p. 117.[142]
  149. ^ "Eleventh Press Release 12072016 (English)". Permanent Court of Arbitration. 7 December 2016. Archived from the original on 20 January 2022. Retrieved 30 January 2022.
  150. ^ Perlez, Jane (12 July 2016). "Tribunal Rejects Beijing's Claims in South China Sea". The New York Times. ISSN 0362-4331. Archived from the original on 13 July 2016. Retrieved 12 July 2016.
  151. ^ Phillips, Tom; Holmes, Oliver; Bowcott, Owen (12 July 2016). "Beijing rejects tribunal's ruling in South China Sea case". The Guardian. Archived from the original on 12 July 2016. Retrieved 26 July 2016.
  152. ^ Zannia, Neyla (14 July 2016). "Taiwan rejects ruling on South China Sea with Taiping Island defined as 'rocks'". The Online Citizen. Archived from the original on 15 July 2016. Retrieved 26 July 2016.
  153. ^ "Arbitration Support Tracker | Asia Maritime Transparency Initiative". Center for Strategic and International Studies. Archived from the original on 15 July 2024. Retrieved 25 August 2024.
  154. ^ "Daily Press Briefing by the Office of the Spokesperson for the Secretary-General". United Nations. 12 July 2016. Archived from the original on 12 November 2020. Retrieved 27 October 2020.

Further reading

[edit]
Library resources about
Scarborough Shoal
Wikimedia Commons has media related to China's nine-dash demarcation line.
Wikimedia Commons has media related to Carta Hydrographica y Chorographica de las Yslas Filipinas.
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