The Spratly Islands dispute is an ongoing territorial dispute among Brunei, China, Malaysia, the Philippines, Taiwan, and Vietnam concerning "ownership" of the Spratly Islands, a group of islands and associated "maritime features" (reefs, banks, and cays etc.) located in the South China Sea. The dispute is characterized by diplomatic stalemate and the employment of military pressure techniques (such as military occupation of disputed territory) in the advancement of national territorial claims. All except Brunei occupy some of the maritime features.
Most of the "maritime features" in this area have at least six names: The "international name", usually in English; the "Chinese name", sometimes different for PRC and ROC (and also in different character-sets); the Philippine, Vietnamese and Malaysian names, and also, there are alternate names (e.g. Spratly Island is also known as Storm Island), and sometimes names with European origins (French, Portuguese, Spanish, British, etc.).[1]
Although not large, reserves of oil and natural gas have been found in the area. It is a commercial fishing ground and close to global shipping routes. Its strategic position allows countries to monitor maritime activities in the area and project military power.[2] UNCLOS does not decide on the sovereignty of disputed territories, as that requires separate legal and diplomatic efforts beyond the scope of UNCLOS.[3] Additionally, China (PRC), Taiwan (ROC), and Vietnam are the only ones to have made claims based on historical sovereignty of the islands.[4]
Background information
Hydrocarbons
In 1968, oil was discovered in the region.[5] On 11 March 1976, the first major Philippine oil discovery occurred off the coast of Palawan, near the Spratly Islands territory. In 2010, these oil fields supplied 15% of all petroleum consumed in the Philippines.[6] In 1992, the PRC and Vietnam granted oil exploration contracts to US oil companies that covered overlapping areas in the Spratlys. In May 1992,[7] the China National Offshore Oil Corporation (CNOOC) and Crestone Energy (a US company based in Denver, Colorado) signed a co-operation contract for the joint exploration of the Wan'an Bei-21 block, a 25,155 square kilometres (9,710sqmi) section of the southwestern South China Sea that includes Spratly Island areas.[8]
In 2012–2013, the United States Energy Information Administration estimates very little oil and natural gas in contested areas such as the Paracels and the Spratly Islands. Most of the proved or probable 11 billion barrels of oil and 190 trillion cubic feet of natural gas in the South China Sea exist near undisputed shorelines.[9][10]
Commercial fishing
In 2010, the Western Central Pacific (excluding the northernmost reaches of the South China Sea closest to the PRC coast) accounted for 14% of the total world catch at 11.7 million tonnes. This was up from less than 4 million tonnes in 1970.[11] In 1984, Brunei established an exclusive fishing zone encompassing Louisa Reef in the southeastern Spratly Islands.[12]
Global shipping
The area is close to some of the busiest shipping lanes in the world, accounting for $3.4 trillion of the $16 trillion global trade in 2016.[13]
The overlapping territorial claims in Spratly IslandsA large black and white British chart of the sea in northern Borneo, first issued in 1881 and corrected to 1935.
China, the Philippines, Taiwan (ROC) and Vietnam claim the whole Spratly Islands while Brunei and Malaysia claim part of the Islands.
Brunei
Brunei claims the part of the South China Sea nearest to it as part of its continental shelf and exclusive economic zone (EEZ). In 1984, Brunei declared an EEZ encompassing the above-water islets it claims in Louisa Reef.[12] Brunei does not practice military control in the area.
Basis of Brunei's claim
Brunei's claims to the reef are based on the United Nations Convention on the Law of the Sea (UNCLOS).[14][15] Brunei states that the southern part of the Spratly Islands chain is actually a part of its continental shelf, and therefore a part of its territory and resources.[16]
The People's Republic of China (China) and the Republic of China (Taiwan)
Map of the South China Sea Islands, by Ministry of the Interior, ROC, 1947.
The People's Republic of China (PRC) claims are based on history and not UNCLOS.[17] However, the PRC still claims all of the Spratly Islands as part of China. The PRC is a party to the UNCLOS, signing the agreement on 29 July 1994.
The Republic of China (ROC), which ruled Mainland China before 1949 and has been confined to Taiwan since 1949, also claims all of the Spratly Islands.
Basis for the PRC's and the ROC's claims
Chinese fishermen have fished around the islands since 200 BC.[18] China claims to have discovered the islands in the Han dynasty in 2BC. The islands were claimed to have been marked on maps compiled during the time of Eastern Han dynasty and Eastern Wu (one of the Three Kingdoms). Since the Yuan dynasty in the 12th century, several islands that may be the Spratlys have been labelled as Chinese territory according to the Yuanshi, an official history commissioned by the Hongwu Emperor of the Ming dynasty in 1369.[19][20] This labeling has also occurred in the Qing dynasty from the 13th to 19th century;[21] the islands may have appeared on a 1755 map, among others.[21][22] French divers found remains of a 15th-century Chinese galleon near the coast of Brunei, cited by Beijing as proof that ancient Chinese sailed these waters.[23]
In 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.[24][25]
When it was discovered that the area was being surveyed by Germany in 1883, China issued protests against them. China sent naval forces on inspection tours in 1902 and 1907 of the Paracel Islands and placed flags and markers on the islands. In 1909 it established a naval presence for a time in the Paracels as a reaction to Japanese moves.[26] The Qing dynasty's successor state, the Republic of China, was to later claim the Spratly and Paracel Islands under the jurisdiction of Hainan.[27]
The Spratlys and the Paracels were conquered from France[28] by Japan in 1939. Japan administered the Spratlys via Taiwan's jurisdiction and the Paracels via Hainan's jurisdiction.[24] The Paracels and Spratlys were handed over to Republic of China control from Japan after the 1945 surrender of Japan,[29] since the Allied powers assigned the Republic of China to receive Japanese surrenders in that area.[27]
After World War II ended, the Republic of China was the "most active claimant". The Republic of China then garrisoned Itu Aba (Taiping) Island in 1946 and posted Chinese flags and markers on it along with Woody island in the Paracels, France tried, but failed to make them leave Woody island.[24] The aim of the Republic of China was to block the French claims.[27][30] The Republic of China drew up the map showing the U-shaped claim on the entire South China Sea, showing the Spratly and Paracels in Chinese territory, in 1947.[27]
Taiwan's garrison from 1946 to 1950 and 1956–present on Itu Aba represents an "effective occupation" of the Spratly Islands.[31][32]
On May 15, 1996, the PROC submitted to the United Nations its geographic baseline, which included the Paracel Islands and Senkaku/Diaoyu Islands, but did not include the Spratly Islands.[33][34][35]
China and Taiwan rejected a 2016 UNCLOS arbitration that found no support for their historical titles to the maritime areas and resources within the nine-dash line without determining the sovereignty of any terrestrial islands there.[36][37][38]
Malaysia
Malaysia claims a small number of islands in the Spratly Islands and its claims cover only the islands included in its exclusive economic zone of 200 miles as defined by the United Nations Convention on the Law of the Sea. Malaysia has militarily occupied five islands that it considers to be within its continental shelf.[39]Swallow Reef (Layang Layang / Terumbu Layang / Pulau Layang Layang) was under control in 1983 and has been turned into an island through a land reclamation which now also hosts a dive resort.[40] The Malaysian military also occupies Ardasier Reef (Terumbu Ubi), and Mariveles Reef (Terumbu Mantanani).[citation needed]
Basis of Malaysia's claim
Malaysia's claims are based upon the continental shelf principle, and have clearly defined coordinates within the limits of its EEZ defined in 1979.[40][41] This argument requires that the islands were res nullius and this requirement is said to be satisfied as 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. Therefore, the islands became res nullius and available for annexation.[42]
An 1801 map of the East Indies Isles which shows the placement of the Spratly Islands. Most of the names have changed since then.
The Republic of the Philippines claims the Spratly islands and are based on sovereignty over the Spratly Islands on the issues of res nullius and geography.[citation needed]
Basis for the Philippine claim
When the Philippines gained independence in 1946, the Philippine nationalists wanted to claim the Spratly Islands. The American advisors, however, discouraged them due to the fact that the Spanish-American Treaty of 1898 clearly stipulated that the western limit of the Philippine islands did not include the Spratlys. The Americans did not want to bring conflict with the Chiang Kai-shek regime in China.[24]
The Philippines contend their claim was res nullius as 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. Therefore, the islands became res nullius and available for annexation, according to the claim.
In 1956, a private Filipino citizen, Tomás Cloma, unilaterally declared a state on 53 features in the South China Sea, calling it "Freedomland". 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.[43] Cloma sold his claim to the Philippine government, which annexed (de jure) the islands in 1978, calling them Kalayaan.[citation needed] 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.[44]
Territorial map claimed by the Philippines, showing internal waters, territorial sea, international treaty limits and exclusive economic zone.
The Philippine claim to Kalayaan on a geographical basis can be summarised using the assertion that Kalayaan is distinct from other island groups in the South China Sea, because of the size of the biggest island in the Kalayaan group.[citation needed] A second argument used by the Philippines regarding their geographical claim over the Spratlys is that all the islands claimed by the Philippines lie within its 200-mileexclusive economic zone according to the 1982 United Nations Convention on the Law of the Sea. This argument assumes that the islands were res nullius.[42] The Republic of the Philippines also contend, under maritime law that the People's Republic of China can not extend its baseline claims to the Spratlys because the PRC is not an archipelagic state.[citation needed]
Vietnam
Territorial monument of the Republic of Vietnam (South Vietnam) on Southwest Cay, Spratly Islands, defining the cay as part of Vietnamese territory (to Phước Tuy province). Used from 22 August 1956 until 1975, when replaced by another one from the Socialist Republic of Vietnam (successor state after the Fall of Saigon)
On 25 July 1994, Vietnam ratified the UNCLOS. Upon ratification it declared:
The National Assembly reiterates Viet Nam's sovereignty over the Hoang Sa and Truong Sa archipelagoes and its position to settle those disputes relating to territorial claims as well as other disputes in the Eastern Sea through peaceful negotiations in the spirit of equality, mutual respect and understanding, and with due respect of international law, particularly the 1982 United Nations Convention on the Law of the Sea, and of the sovereign rights and jurisdiction of the coastal States over their respective continental shelves and exclusive economic zones[45]
Vietnam's response to China's claim is that Chinese records on Qianli Changsha and Wanli Shitang are records about non-Chinese territories.[46] For example, Qianli Changsha and Wanli Shitang were referred to in the ancient Chinese texts Ling Wai Dai Da[47] and Zhu Fan Zhi[48] as being in the Sea of Jiaozhi, Jiaozhi being the old name for a Chinese province in modern-day northern Vietnam, or as writings on foreign countries.
Vietnam's view is that the 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.[citation needed]
Basis of Vietnam's claim
Vietnam claims the Spratlys based on international law on declaring and exercising sovereignty.
Vietnam 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 exercised sovereignty over the two archipelagos continuously and peacefully until they were invaded by Chinese armed forces.[49] In Phủ biên tạp lục (撫邊雜錄, Miscellaneous Records of Pacification in the 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. In Đại Nam nhất thống toàn đồ (大南ー統全圖), an atlas of Vietnam completed in 1838, Trường Sa was shown as Vietnamese territory.[50] Vietnam had conducted many geographical and resource surveys of the islands.[50] The results of these surveys have been recorded in Vietnamese literature and history published since the 17th century. After the treaty signed with the Nguyễn dynasty, France represented Vietnam in international affairs and exercised sovereignty over the islands.[50]
The Cairo Declaration, drafted by the Allies and China towards the end of World War II, listed the territories that the Allies intended to strip from Japan and return to China. Despite China being among the authors of the declaration, this list did not include the Spratlys.[51] Vietnam's response to China's claim that the Cairo Declaration somehow recognised the latter's sovereignty over the Spratlys is that it has no basis in fact.[citation needed]
At the San Francisco Conference on the peace treaty with Japan, the Soviet Union proposed that the Paracels and Spratlys be recognised as belonging to China. This proposal was rejected by an overwhelming majority of the delegates. 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.[50]North Vietnam, however, supported China's authority.[52] The final text of the Treaty of San Francisco did not name any recipient of the Spratlys.[53]
The Geneva Accords, which China was a signatory, settled the First Indochina War end. French Indochina was split into three countries: Laos, Cambodia and Vietnam. Vietnam was to be temporarily divided along the 17th Parallel.[citation needed]
Chapter I, Article 4 states:
The provisional military demarcation line between the two final regrouping zones is extended into the territorial waters by a line perpendicular to the general line of the coast. All coastal islands north of this boundary shall be evacuated by the armed forces of the French Union, and all islands south of it shall be evacuated by the forces of the People's Army of Viet-Nam.[54]
On 26 October 1955, the Republic of Vietnam "South Vietnam" replaced the State of Vietnam (part of the French Union) and inherit of its rights. The Vietnamese government's Vietnam United Youth League, which runs the newspaper Thanh Niên News, claims that although, nothing was said explicitly about offshore archipelagos, which was of small interest by that times, it was clearly understood by all the parties that the Republic of Vietnam inherit of all the French Indochina's Vietnamese territories under the 17th Parallel. As the Paracel and the Spratly archipelagos (which lay below the 17th parallel) were part of the French Indochina since 1933, they were part of "South Vietnam" territory. The French bestowed its titles, rights, and claims over the two island chains to the Republic of Vietnam.[55][unreliable source?]
The Republic of Vietnam (RVN) exercised sovereignty over the islands, by placing border markers on the Spratlys to indicate South Vietnamese sovereignty over the archipelago. Up to the end of the Vietnam War the Republic of Vietnam Navy held military control over the majority of the Spratly Islands until 1975, when North Vietnamese troops attacked South Vietnamese troops and occupied the islands. After the Vietnam War, the unified Vietnam SRV (Socialist Republic of Vietnam) continued to claim the Spratly islands as an indisputably integral part of Vietnam.[citation needed]
The islands occupied by Vietnam are organised as a district of Khánh Hòa Province. According to the 2009 census, the Trường Sa District has a population of 195 people.[56] At the 12th National Assembly (2007–2011) Election held early in Trường Sa, the people and soldiers also voted for their local district government for the first time. For the first time, Trường Sa is organised like a normal inland district, with a township (Trường Sa) and two communes (Sinh Tồn and Song Tử Tây). Forty nine people were elected to the communes' people's councils.[citation needed] In July 2012 the National Assembly of Vietnam passed a law demarcating Vietnamese sea borders to include the Spratly and Paracel Islands.[57][58]
Champa historically had a large presence in the South China Sea. The Vietnamese broke Champa's power in an invasion of Champa in 1471, and then finally conquered the last remnants of the Cham people in a war in 1832.[59] The Vietnamese government fears that using the evidence of Champa's historical connection to the disputed islands in the South China Sea would expose the human rights violations and killings of ethnic minorities in Vietnam such as in the 2001 and 2004 uprisings, and lead to the issue of Cham autonomy being brought to attention.[60]
2014 China-Vietnam oil rig crisis and controversy over Phạm Văn Đồng's 1958 letter
The letter sent by PM Phạm Văn Đồng of North Vietnam to Chinese premier Zhou Enlai in 1958 regarding the 12-nautical mile breadth of China's territorial waters.
During the Hai Yang Shi You 981 standoff, also known as the 2014 China-Vietnam oil rig crisis near the Paracel Islands China has produced a letter written by North Vietnam's former prime minister Phạm Văn Đồng in 1958 as proof that it holds sovereignty over the Paracel and Spratly islands.[61] The Vietnamese newspaper Thanh Niên News claims China has intentionally misrepresented the letter, which contains no direct reference to either island chain. In addition, they claim that China is ignoring the spirit and time in which the letter was written. During that time, the two communist neighbours shared extremely close ties and the US navy was patrolling the Taiwan Strait, threatening them both. The letter, according to the newspaper, represented a diplomatic gesture of goodwill that has no legal relevance to the current territorial dispute.[55][unreliable source?]
On 4 September 1958, with the seventh fleet of the US Navy patrolling the Taiwan Strait, China announced its decision to extend the breadth of its territorial waters to 12 nautical miles. The United Nations (to which China was not yet a member) had just held its first Conference on the Law of the Sea in Switzerland in 1956, and the resulting treaties, including the Convention on the Territorial Sea and the Contiguous Zone, were signed in 1958. Though the UN conference was considered a success, it left the exact breadth of each nation's territorial waters somewhat unresolved; the US, for instance, said it should extend just three nautical miles.[55]
On 14 September 1958, North Vietnam's PM Phạm Văn Đồng wrote a letter to PM Zhou Enlai in response to China's declaration.
Original
English
Thưa Đồng chí Tổng lý,
Chúng tôi xin trân trọng báo tin để Đồng chí Tổng lý rõ:
Chính phủ nước Việt Nam Dân chủ Cộng hòa ghi nhận và tán thành bản tuyên bố, ngày 4 tháng 9 năm 1958, của Chính phủ nước Cộng hoà Nhân dân Trung Hoa, quyết định về hải phận của Trung Quốc.
Chính phủ nước Việt Nam Dân chủ Cộng hòa tôn trọng quyết định ấy và sẽ chỉ thị cho các cơ quan Nhà nước có trách nhiệm triệt để tôn trọng hải phận 12 hải lý của Trung Quốc trong mọi quan hệ với nước Cộng hoà Nhân dân Trung Hoa trên mặt biển.
Chúng tôi xin kính gửi Đồng chí Tổng lý lời chào rất trân trọng.
Dear Comrade Prime Minister,
We solemnly inform you that the Government of the Democratic Republic of Vietnam acknowledges and supports the declaration dated September 4th, 1958 by the Government of the People's Republic of China regarding the decision on the breadth of China's territorial sea.
The Government of the Democratic Republic of Vietnam respects that decision and will direct its state agencies to absolutely respect the 12-nautical mile breadth of China's territorial sea in all the relations with People's Republic of China at sea.
Respectfully yours,
The Vietnamese newspaper Thanh Nien News claims that the letter has no legal relevance in China's sovereignty claims to the Paracel and Spratly archipelagos for the three following reasons:
Point 1: The Democratic Republic of Vietnam (North Vietnam) was not in control of the Paracel and the Spratly archipelagos at the time PM Dong wrote his letter.
Point 2: The Constitutions of 1946 and 1957 of the Democratic Republic of Vietnam stipulated that territorial transfers must be decided by an act of parliament, the most powerful body in the country. As such, the prime minister had no right to relinquish the islands.
Point 3: PM Phạm Văn Đồng's letter is a unilateral declaration written solely as a response to China's declaration on a 12 nautical mile territorial waters. The letter makes no mention, whatsoever, of territorial sovereignty over any archipelago.[55][unreliable source?]
International law
South China Sea claims and agreements.
Doctrine of intertemporal law
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.[62][63]
Law on inhabited vs uninhabited territories
International law on claims differ if the territory is inhabited or uninhabited. In the 1928 Island of Palmas case, for inhabited territories, the court stated 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."[64] 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. Xxx [T]the fact that [France] has not exercised her authority there in a positive manner does not imply the forfeiture of an acquisition already definitely perfected."[65] The ruling was affirmed in the 1933 Eastern Greenland case.[66]
Critical date doctrine
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 specific case.[67]
Uti possidetis juris
Under the principle of uti possidetis juris, the boundaries of former colonies must be respected by all states. It 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."[68]
Maps in international law claims
Maps cannot establish title to territory unless if it is 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 further 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."[69]
Via UNCLOS, the United Nations provided for countries with coastlines to submit claims to the UN's Commission on the Limits of the Continental Shelf (CLCS) for their continental shelf to be extended beyond 200 nautical miles of their shores.[70] By 13 May 2009, a total of 48 nations made full claims, and dozens more made preliminary submissions.[71] Two of the submissions made to the CLCS addressed claims in the South China Sea (SCS) – one by Vietnam for a claim over the northern portion of the SCS (which included the Paracel Islands), and another jointly by Vietnam and Malaysia for a joint claim over a "defined area" in the middle of the SCS between the two countries, which included part of the Spratly Islands. Brunei made a preliminary submission notifying of its intention to claim a continental shelf beyond 200 nautical miles from its shores.[72]
China (PRC) immediately issued protests over the two submissions and called on the United Nations not to consider them. It also issued a stern warning to countries not to claim the islands which it said were its sovereign territory.[71][73]
Philippine protests to ITLOS, 2011
On 23 May 2011, Former Philippine President Benigno Aquino III warned the visiting Chinese defense minister Liang Guanglie of a possible arms race in the region if tensions worsened over disputes in the South China Sea. In March, the Philippines complained that Chinese patrol boats had harassed a Philippine oil exploration vessel in disputed waters near the Spratlys, and subsequently filed a formal protest at the International Tribunal for the Law of the Sea (ITLOS).[74]
On 19 February 2013, China declared that it would not participate in the arbitration.[81] On 7 December 2014, it published a white paper to elaborate its position that, among other points, the tribunal lacks jurisdiction.[82][83] In accordance with Article 3 of Annex VII of UNCLOS, the Philippines appointed 1 of the 5 arbitrators, while China did not appoint any.[85] 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.[86][87][88]
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.[89][90][91][92] China has rejected the ruling, as has Taiwan.[93][94] As of November 2023[update], 26 governments support the ruling, 17 issued generally positive statements noting the ruling but not called for compliance, and eight rejected it.[95] The United Nations does not hold any position on the case or on the disputed claims.[96]
Diplomacy
1992 ASEAN Declaration on the South China Sea
On 22 July 1992, ASEAN issued a declaration on the South China Sea, emphasising that the dispute should be solved peacefully without resorting to violence.[97]
Declaration on the Conduct of Parties in the South China Sea, 2002
On 4 November 2002 in Phnom Penh, the Declaration on the Conduct of Parties in the South China Sea[98] was signed by the 10 foreign ministers of ASEAN countries and China (PRC). The parties explicitly undertook in this declaration, "to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned".[98]
Code of Conduct in the South China Sea
In July 2012, China (PRC) announced that it is open to launching discussions on the Code of Conduct in the South China Sea, but called for all parties to exercise self-restraint in keeping with the spirit of previous declarations and United Nation conventions. This announcement has been criticised by many neighbouring states because of the contradictions seen in the Scarborough Shoal at that time where China has established de facto control.[99]
From approximately 500 BC to 100 AD, shipping routes of the Sa Huynh-Kalanay trading network traversed the South China Sea. They were used to exchange pottery and jewelry (such as jade) across Taiwan, the Philippines, and Borneo.[100][101]
In 1734, the Carta Hydrographica y Chorographica de las Islas Filipinas (commonly referred as the Velarde map) was published by the Spanish colonial government. According to Philippine judge Antonio Carpio, the map shows Philippine sovereignty over the Spratly Islands (referred as Los Bajos de Paragua) and is the earliest map showing sovereignty over the said territories.[102][103][104] Philippine officials and writers also assert that the 1808 and 1875 editions of Carita General del Archipelago Filipino, published by the Spanish colonial government, included the Spratly islands as sovereign territory of the Philippines and was recognized by the international community.[105][106][107]
In the 19th century, Europeans found that Chinese fishermen from Hainan annually sojourned on the Spratly islands for part of the year specifically for trade, which was also common for other ethnic groups in the area such as the Cham of Vietnam and the people of Palawan, Sulu, and Luzon in the Philippines. In 1877, the British laid a claim to two Spratly islands and dispatched an expedition group there after learning of the presence of guano from locals in British-colonized Borneo.[24][25] However, the group forgot to plant the British flag after the white businesspersons and their Chinese employees attacked one another due to a dispute.[108]
When the Spratlys and Paracels were being surveyed by Germany in 1883, China issued protests against them.[18]
After the Spanish-American War, Spain ceded the territory of the Philippines to the United States through the 1898 Treaty of Paris. The treaty lines drawn were inaccurate, leading to the Spanish to retain sovereign control over the Spratly Islands, Scarborough Shoal, and parts of Tawi-Tawi. According to the Philippine government, this was later rectified retroactively in the 1900 Treaty of Washington where the mentioned remaining territories were formally ceded to the United States and their interpreation is that this was as part of the territory of the Philippines at their independence.[106]
During the 1928 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, binding the United States on its recognition of the Scarborough Shoal and the Spratly Islands as Philippine territory.[failed verification][109][110] According to the South China Sea Arbitration award, as of 1875 and until [early] 1933, no other state had claimed the Spratlys aside from the territory of the Philippines.[111][failed verification]
In 1930 a French vessel formally laid claims to an area of the Spratlys without naming any specific island in order to avoid any overlap with the Philippine territory as defined in 1898. The French were unaware of Britain's earlier claim. After a series of internal debates, British officials decided not to push their claims due to disagreements over how important the Spratlys were, a perceived weakness of their claim from not following up on it since 1877, and their wish for France to act as a buffer in the South China Sea against growing threats to the British from Japan.[112]
Between April 7, 1933, and April 13, 1933, France took possession of the Spratly Islands and notification of the occupation appeared in the Official Journal of July 26, 1933. France claimed the Spratlys for the French Union, rather than as part of Indochina (and its successor Vietnam). China protested.[113][112][114][52]
The Spratlys and the Paracels were conquered by Japan in 1939. Japan annexed the Spratly Islands via Taiwanese jurisdiction as part of Kaohsiung on 30 March 1939. France[115] and UK protested and reasserted French sovereignty.[116]
China Handbook 1937–1943: A comprehensive survey of major developments in China in six years of war was published by the Republic of China in 1943 and stated its southernmost territory as "Triton Island of the Paracel Group".[117]China Handbook 1937–1945, a revised edition covering the entire Second Sino-Japanese War, claimed that the Spratly islands were contested among China, the Philippines, and Indochina.[118] The Paracels and Spratlys were handed over to Republic of China control from Japan after the 1945 surrender of Japan,[29] since the Allied powers assigned the Republic of China to receive Japanese surrenders in that area.[27]
The Republic of China garrisoned Itu Aba (Taiping) island in 1946 and posted Chinese flags and markers on it along with Woody island in the Paracels, France tried, but failed to make them leave Woody island.[24] The aim of the Republic of China was to block the French claims.[27][30]
In 1947, the Republic of China drew up the map showing the U-shaped claim on the entire South China Sea, showing the Spratly and Paracels in Chinese territory.[27] In 1947, the ROC government renamed 159 islands in the area and published the Map of the South China Sea Islands. The ROC has occupied Taiping Island, the largest island in the Spratlys, constantly since 1956.[119]
After pulling out its garrison in 1950 when the Republic of China evacuated to Taiwan, when the Filipino Tomas Cloma uprooted an ROC flag on Itu Aba laid claim to the Spratlys and, the Republic of China (now Taiwan) again regarrisoned Itu Aba in 1956.[120]
Taiwan's garrison from 1946 to 1950 and 1956-now on Itu Aba represents an "effective occupation" of the Spratlys.[31][32] China established a coastal defence system against Japanese pirates or smugglers.[121] During the San Francisco Peace Conference of 1951, the San Francisco Peace Treaty was signed. During the conference, the USSR motioned for the Paracels and the Spratly to be awarded to China, but the motion was rejected by a vote of 46 to 3, with one abstention.[122]
In 1953, the French Foreign Ministry declared that the Spratlys were "not attached to Vietnam in 1949, when the former colony of Conchinchina was ceded to this Associated State. They (Spratlys) therefore depend on (administered by) the Ministry of Overseas France." In 1955, the French Foreign Ministry prepared another "Note" that "beyond doubt that the Spratlys belonged to the French Union, not Vietnam."[112][114]
North Vietnam recognised China's claims on the Paracels and Spratlys during the Vietnam War as it was being supported by China. Only after winning the war and conquering South Vietnam did North Vietnam retract its recognition and admitted it recognised them as part of China to receive aid from China in fighting the Americans.[123]
The Philippines claimed the Spratlys in 1971 under President Marcos, after Taiwanese troops attacked and shot at a Philippine fishing boat on Itu Aba.[31]
Under President Lee Teng-hui, Taiwan stated that "legally, historically, geographically, or in reality", all of the South China Sea and Spratly islands were Taiwan's territory and under Taiwanese sovereignty, and denounced actions undertaken there by Malaysia and the Philippines, in a statement on 13 July 1999 released by the foreign ministry of Taiwan.[124] Taiwan and China's claims "mirror" each other; during international talks involving the Spratly islands, China and Taiwan have cooperated with each other since both have the same claims.[31][125]
Taiwan and China are largely strategically aligned on the Spratly islands issue, since they both claim exactly the same area, so Taiwan's control of Itu Aba (Taiping) island is viewed as an extension of China's claim.[18] Taiwan and China both claim the entire island chain, while all the other claimants only claim portions of them. China has proposed co-operation with Taiwan against all the other countries claiming the islands. Taiwanese lawmakers have demanded that Taiwan fortify Itu Aba (Taiping) island with weapons to defend against the Vietnamese, and both China and Taiwanese NGOs have pressured Taiwan to expand Taiwan's military capabilities on the island, which played a role in Taiwan expanding the island's runway in 2012.[126] China has urged Taiwan to co-operate and offered Taiwan a share in oil and gas resources while shutting out all the other rival claimants. Taiwanese lawmakers have complained about repeated Vietnamese aggression and trespassing on Taiwan's Itu Aba (Taiping), and Taiwan has started viewing Vietnam as an enemy over the Spratly Islands, not China.[127] Taiwan's state run oil company CPC Corp's board director Chiu Yi has called Vietnam as the "greatest threat" to Taiwan.[126] Taiwan's airstrip on Taiping has irritated Vietnam.[128] China views Taiwan's expansion of its military and airstrip on Taiping as benefiting China's position against the other rival claimants from southeast Asian countries.[32]
In 1990, China published the first volume of its "An Atlas of Ancient Maps of China" through the Cultural Relics Publishing House, Beijing, a publishing arm of the State Bureau of Cultural Relics of China. The second volume was published in 1994, while the third and final volume was published in 1997. The ancient maps in all three volumes showed Hainan as the southernmost territory of any of the dynasties of China.[129][130][131]
Malaysia has militarily occupied three islands that it considers to be within its continental shelf. Swallow Reef (Layang Layang / Terumbu Layang / Pulau Layang Layang) was under control in 1983 and has been turned into an island through a land reclamation which now also hosts a dive resort.[40] The Malaysian military also occupies Ardasier Reef (Terumbu Ubi), and Mariveles Reef (Terumbu Mantanani).[citation needed]
Since 1992, Malaysia and Vietnam have agreed to jointly develop areas around these disputed islands.[132] Malaysia has said that it is monitoring all of the actions made by countries involved in the dispute.[133]
Taiwan performed live fire military exercises on Taiping island in September 2012; reports said that Vietnam was explicitly named by the Taiwanese military as the "imaginary enemy" in the drill. Vietnam protested against the exercises as violation of its territory and "voiced anger", demanding that Taiwan stop the drill. Among the inspectors of the live fire drill were Taiwanese national legislators, adding to the tensions.[134]
In 2010, it was reported that the former Malaysian prime minister Mahathir Mohamad believed Malaysia could profit from China's economic growth through co-operation with China,[135] and said that China "was not a threat to anyone and was not worried about aggression from China", as well accusing the United States of provoking China and trying to turn China's neighbours against China.[136] Malaysian authorities displayed no concern over China conducting a military exercise at James Shoal in March 2013,[137][138] However, until present Malaysia still maintained a balance relations with the countries involved in this dispute.[139] But since China has start encroaching its territorial waters,[140] Malaysia has become active in condemning China.[141][142]
Subi Reef being built up into an artificial island, 2015
In 2014 Janes reported that during 2013–2014 China had begun dredging and land reclamation at three sites in the Spratlys. In contrast to the construction projections of other countries, Beijing's efforts involved reefs that for the most part were under water at high tide. Harry Harris, Pacific fleet commander of the U.S. Navy, unofficially described the project as "Great Wall of Sand" in March 2015.[143]
In April 2015, satellite images showed that China was constructing an airfield at Fiery Cross Reef.[144] By September, it had completed a 3125-metre runway.[145]
The Velarde map was published, showing the Spratly islands and the Scarborough shoal as part of the Philippines territory, according to justice Antonio Carpio.[104]
19th-century
Europeans found that Chinese fishermen from Hainan annually sojourned on the Spratly islands for part of the year.[24][25]
When the Spratlys and Paracels were being surveyed by Germany in 1883, China issued protests.[18]
1887
The 1887 Chinese-Vietnamese Boundary convention signed between France and China after the Sino-French War of 1884–1885, which, according to China, recognised China as the owner of the Spratly and Paracel islands.[18]
1900
Colonial French Indochina asserted that the state Bac Hai Company had exercised Vietnamese sovereignty in the Spratlys since the 18th century.[146]
1927
The French ship SS De Lanessan conducted a scientific survey of the Spratly Islands.
1930
France launched a second expedition with the La Malicieuse, which raised the French flag on an island called Île de la Tempête. Chinese fishermen were present on the island; the French made no attempt to expel them.
1933
Three French ships took control of nine of the largest islands and declared French sovereignty over the archipelago to the great powers including the UK, US, China and Japan, according to the principles found in the Berlin convention. France administered the area as part of Cochinchina.
Japanese companies applied to the French authority in Cochichina for phosphate-mining licenses in the Spratlys.
1939
The Empire of Japan disputed French sovereignty over the islands, claiming that Japan was the first country to discover the islands. Japan declared its intention to place the island group under its jurisdiction. France and the United Kingdom protested and reasserted French sovereignty claims.
1941
Japan forcibly occupied the island group and remained in control until the end of World War II, administering the area as part of Taiwan.
After Japan's surrender at the end of World War II, the Republic of China claimed the Paracel and Spratly Islands. The Republic of China sent troops to Itu Aba Island; forces erected sovereignty markers and named it Taiping Island.
1946
France dispatched 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 islands within those lines.[147] France demanded the Chinese withdraw from the islands.
1948
France ceased maritime patrols near the islands and China withdrew most of its troops.
1951
At the 1951 San Francisco Conference on the Peace Treaty with Japan, the Soviet Union proposed that the Spratlys belonged to China. The delegates overwhelmingly rejected this suggestion. The delegates from Vietnam, which at that time was a French protectorate, declared sovereignty over the Paracel and the Spratly Islands, which was not opposed by any delegate at the conference. China did not attend the conference and was not a signatory of the treaty.
1956
On 15 June 1956, Vice-Foreign Minister Un Van Khiem of the Democratic Republic of Vietnam received Li Zhimin, Chargé d'Affaires ad interim of the Chinese Embassy in Vietnam, and told him that, "according to Vietnamese data, the Xisha and Nansha Islands are historically part of Chinese territory". Le Loc, acting director of the Asian Department of the Vietnamese Foreign Ministry was present and specifically cited Vietnamese data and pointed out that "judging from history, these islands were already part of China at the time of the Song dynasty".[148]
1956
Tomas Cloma, director of the Maritime Institute of the Philippines, claimed sovereignty over the northwestern two-thirds of the Spratly Islands, naming his territory Kalaya'an ("Freedomland"). The People's Republic of China, the Republic of China, France, South Vietnam, the United Kingdom and the Netherlands all issued protests. The Republic of China and South Vietnam sent naval units to the islands, though South Vietnam left no permanent garrison. Later in the year, South Vietnam declared its annexation of the Spratly Islands as a part of its Phước Tuy province.
1958
The People's Republic of China issued a declaration defining its territorial waters which encompassed the Spratly Islands. North Vietnam's prime minister, Phạm Văn Đồng, sent a formal note to Zhou Enlai, stating that the Government of the Democratic Republic of Vietnam respected the decision on the 12 nautical mile limit of territorial waters. Both the South Vietnamese government and the communist revolutionary movement in South Vietnam continued to assert that the Spratlys belonged to Vietnam.
1961–63
South Vietnam established sovereignty markers on several islands in the chain.
1968
The Philippines sent troops to three islands on the premise of protecting Kalayaan citizens, and announced the annexation of the Kalayaan island group.
1971
Malaysia issued claims to some of the Spratly Islands.
1972
The Philippines incorporated the Kalayaan islands into its Palawan province.
1973
Vietnamese troops were stationed on five islands.[149]
1975
The re-unified Vietnam declared claims over the Spratly Islands.
1978
A presidential decree from the Philippines outlined territorial claims to the Kalayaan portion of the islands.
1979
Malaysia published a map of its continental-shelf claim, which included twelve islands from the Spratly group.
Vietnam published a white paper outlining its claims to the islands and disputing those of the other claimants.
1982
Vietnam published another white paper, occupied several of the islands and constructed military installations.
The Philippines occupied several more islands and constructed an airstrip.[where?]
1983
Malaysia occupied Swallow Reef (Layang Layang), in the south of the Spratly Islands. A naval base and diving resort was later built at this location on reclaimed land.
1984
Brunei established an exclusive fishing-zone encompassing the Louisa Reef and neighbouring areas in the southeastern Spratly Islands.
1986
The first Philippine-Vietnam Joint Marine Scientific Research Expedition in the South China Sea was conducted aboard the RPS Explorer.
1987
The People's Republic of China (PRC) conducted naval patrols in the Spratly Islands and established a permanent base.[where?]
1988
The Johnson South Reef Skirmish between China and Vietnam occurs.[150]:258 The People's Liberation Army Navy was conducting a survey expedition as part of the UNESCO Intergovernmental Oceanographic Commission global oceanic surveys project when the conflict occurred.[150]:258 Chinese and Vietnamese sources differ on as to who fired the first shot.[150]:258 PLAN forces won and China established control over six significant landmarks, including Johnson South Reef.[150]:258
The Philippine government revealed that a PRC military structure was being built at the Mischief Reef. Philippine President Fidel Ramos ordered increased patrols of the Philippine-controlled areas; the incident lead to numerous arrests of Chinese fishermen and naval clashes with PLAN vessels.
1999
A Philippine World-War-II-vintage vessel (LT 57 Sierra Madre) ran aground on the Second Thomas Shoal. Despite initial PRC demands for its removal, and subsequent PRC offers for its free removal, the vessel remains aground on the reef.[151][152]
2008
Taiwan's president became the first head of state from a claimant country to visit the Spratly islands. His visit sparked criticism from other claimants.
2009
The Office of the Philippine President enacted the "Philippine Baselines Law of 2009" (RA 9522). The law classifies the Kalayaan Island Group and the Scarborough Shoal as a "regime of islands under the Republic of the Philippines". This means that the Philippines continues to lay claim over the disputed islands.[153]
In May, two submissions were made to the UN's Commission on the Limits of the Continental Shelf (CLCS): a joint submission by Malaysia and Vietnam claims jurisdiction over their respective continental shelves out to 200 nautical miles; a submission by Vietnam claims jurisdiction over an extended shelf area. The People's Republic of China and the Philippines both protested the moves, stating that they violated agreements made with regard to the islands.[154][155]
2011
On 18 May 2011 China Mobile announced that its mobile-phone coverage had expanded to include the Spratly Islands, under the rationale that it can allow soldiers stationed on the islands, fishermen and merchant vessels within the area to use mobile services, and can also provide assistance during storms and sea rescues. The deployment of China Mobile's support over the islands took roughly one year to fulfil.[156]
In May, PRC patrol boats attacked and cut the cables of Vietnamese oil-exploration ships near the Spratly Islands. The incidents sparked several anti-China protests in Vietnam.[citation needed]
2012
On 11 July 2012 a Chinese Type 053 frigate, the Dongguan, ran aground on PRC-controlled Mischief Reef, sparking embarrassment for the Chinese government and causing an awkward diplomatic situation. The ship was later towed back to base.[157]
2012
In August 2012, after China established the city of Sansha and garrisoned an island in the Paracels, the United States Senate passed a resolution condemning China's move and calling all parties to refrain from occupying features in the South China Sea until a code of conduct is reached.[158]
2014
On 6 May 2014 Philippines police arrested 11 Chinese turtle poachers on board the Qiongqionghai near Half Moon Shoal.[159]
2015
On 20 May 2015 the Chinese navy sternly warned a United States P8-A Poseidon, on a surveillance flight over the Fiery Cross Reef, to leave the "Chinese military alert zone".[160]The Pentagon released a video recording of the challenge to CNN[161] amid "growing momentum within the Pentagon and White House for taking concrete steps" in the region.[162]
2016
On 16 February 2016, the imagery from Image Sat International (ISI) showed that the Chinese military had deployed an advanced surface-to-air missile system on one of the contested islands in the South China Sea. It appeared to show the HQ-9 air defense system, which closely resembles Russia's S-300 missile system. The HQ-9 has a range of 125 miles, which would pose a threat to any airplanes, civilians or military, flying close by.[163]
2017
In January 2017, Vietnam signed a multibillion-dollar gas deal with the US's ExxonMobil for exploration and to extract gas by 2023 from an area close to the disputed Paracel Islands[164]
In November 2021, China Coast Guard vessels used water cannons and blocked two Philippine supply boats, preventing the boats from delivering essential supplies to the Philippine marine forces stationed on the BRP Sierra Madre.[166]
2023
On 6 August 2023, Chinese Coast Guard ships fired water cannon at a Philippine Coast Guard ship resupplying the Sierra Madre.[167]
2023
On October 22, 2023, Chinese vessels hit a Philippine Coast Guard ship and military-run supply boat during a replenishment mission to the Sierra Madre. The incident was the first time Chinese ships hit their Filipino counterparts.[168]
2024
On June 17, 2024, Chinese Coast Guard boarded Philippine Marine rigid hull inflatable boats (RHIBs) on a resupply mission to the Sierra Madre and attacked Navy personnel with knives and pickaxes. They also punctured an RHIB and destroyed equipment. Filipino servicemen were injured, with one losing his thumb.[169]
The Paracel Islands, also known as the Xisha Islands and the Hoàng Sa Archipelago, are a disputed archipelago in the South China Sea under de facto administration by the People's Republic of China since its defeat of South Vietnam in the 1974 Battle of the Paracel Islands.
The Spratly Islands are a disputed archipelago in the South China Sea. Composed of islands, islets, cays, and more than 100 reefs, sometimes grouped in submerged old atolls, the archipelago lies off the coasts of the Philippines, Malaysia, and southern Vietnam. Named after the 19th-century British whaling captain Richard Spratly who sighted Spratly Island in 1843, the islands contain less than 2 km2 of naturally occurring land area, which is spread over an area of more than 425,000 km2 (164,000 sq mi).
The South China Sea is a marginal sea of the Western Pacific Ocean. It is bounded in the north by South China, in the west by the Indochinese Peninsula, in the east by the islands of Taiwan and northwestern Philippines, and in the south by Borneo, eastern Sumatra and the Bangka Belitung Islands, encompassing an area of around 3,500,000 km2 (1,400,000 sq mi). It communicates with the East China Sea via the Taiwan Strait, the Philippine Sea via the Luzon Strait, the Sulu Sea via the straits around Palawan, and the Java Sea via the Karimata and Bangka Straits. The Gulf of Thailand and the Gulf of Tonkin are part of the South China Sea.
The South China Sea Islands consist of over 250 islands, atolls, cays, shoals, reefs, and seamounts in the South China Sea. The islands are mostly low and small and have few inhabitants. The islands and surrounding seas are subject to overlapping territorial claims by the countries bordering the South China Sea.
Macclesfield Bank is an elongated sunken atoll of underwater reefs and shoals in the South China Sea. It lies east of the Paracel Islands, southwest of Pratas Island and north of the Spratly Islands. It is about 130 km (81 mi) long from southwest to northeast, and about 70 km (43 mi) wide at its broadest part. With an ocean area of 6,448 km2 (2,490 sq mi) it is one of the largest atolls in the world. The Macclesfield Bank is part of what China calls the Zhongsha Islands, which includes a number of geographically separate submarine features, and also refers to a county-level administrative division.
Southwest Cay, also known as Vietnamese: Đảo Song Tử Tây; Pugad Island ; Mandarin Chinese: 南子島/南子岛; pinyin: Nánzi Dǎo, is an island on the northwestern edge of the Spratly Islands in the South China Sea. It is part of the atoll North Danger Reef, and just 1.75 miles (2.82 km) southwest of Northeast Cay. With an area of 12 hectares, it is the sixth largest of the naturally occurring Spratly Islands, and the second largest of the Vietnamese-occupied islands. Southwest Cay has the archipelago's highest point, at 4 meters above sea level. It was once a breeding place for birds, and was covered with trees and guano; export of guano had been carried out "on a considerable scale".
Taiping Island, also known as Itu Aba, and various other names, is the largest of the naturally occurring Spratly Islands in the South China Sea. The island is elliptical in shape being 1.4 kilometres (0.87 mi) in length and 0.4 kilometres (0.25 mi) in width, with an area of 46 hectares. It is located on the northern edge of the Tizard Bank. The runway of the Taiping Island Airport is easily the most prominent feature on the island, running its entire length.
Scarborough Shoal, also known as Panacot,Bajo de Masinloc, Huangyan Island, Minzhu Jiao, and Panatag Shoal, 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. 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, 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.
Kalayaan, officially the Municipality of Kalayaan, is a 5th class municipality under the jurisdiction of the province of Palawan, Philippines. According to the 2020 census, it has a population of 193 people making it the least populated town in the Philippines and in Palawan.
Philippines and the Spratly Islands – this article discusses the policies, activities and history of the Republic of the Philippines in the Spratly Islands from the Philippine perspective. Non-Philippine viewpoints regarding Philippine occupation of several islands are currently not included in this article.
Spratly Island,, also known as Storm Island, is the fourth largest of the naturally occurring Spratly Islands in the South China Sea with an area of 15 hectares, and the largest of the Vietnamese-administered Spratly islands.
Amboyna Cay, also known as Vietnamese: Đảo An Bang; Malay: Pulau Amboyna Kecil; Datu Kalantiaw Island ; Mandarin Chinese: 安波沙洲; pinyin: Ānbō Shāzhōu, and other names, is an island of the Spratly Islands group in the South China Sea located just outside (SW) of the southwest of Dangerous Ground. It is SW of Barque Canada Reef, south of the London Reefs, and NW of Swallow Reef.
The nine-dash line, also referred to as the eleven-dash line by Taiwan, is a set of line segments on various maps that accompanied the claims of the People's Republic of China and the Republic of China in the South China Sea. The contested area includes the Paracel Islands, the Spratly Islands, the Pratas Island and the Vereker Banks, the Macclesfield Bank, and the Scarborough Shoal. Certain places have undergone land reclamation by the PRC, ROC, and Vietnam. The People's Daily of the PRC uses the term Duànxùxiàn (断续线) or Nánhǎi Duànxùxiàn, while the ROC government uses the term Shíyīduàn xiàn.
Territorial disputes in the South China Sea involve conflicting island and maritime claims in the South China Sea made by Brunei, Indonesia, Malaysia, the Philippines, the People's Republic of China (PRC), Taiwan, and Vietnam. The disputes involve the islands, reefs, banks, and other features of the region, including the Spratly Islands, Paracel Islands, Scarborough Shoal, and various boundaries in the Gulf of Tonkin. The waters near the Indonesian Natuna Islands, which some regard as geographically part of the South China Sea, are disputed as well.
The Philippines–Vietnam relations refers to the bilateral relations of the Republic of the Philippines and the Socialist Republic of Vietnam. Since the end of the Cold War, relations between the two countries have warmed significantly. Vietnam is sometimes referred to as the only communist military ally of the Philippines, especially after Vietnam joined ASEAN in 1995. Both nations have cooperated in the fields of education, tourism, agriculture, aquaculture, trade, and defense. Additionally, both nations have similar positions on the South China Sea issue, with Vietnam backing the Philippine victory in the ICC against China, and the Philippines backing to a certain extent the claim of Vietnam in the Paracels. Both nations have overlapping claims in the Spratlys, but have never made military confrontations as both view each other as diplomatic allies and ASEAN brethren.
The South China Sea Arbitration was an arbitration case brought by the Republic of the Philippines against the People's Republic of China (PRC) under Annex VII of the United Nations Convention on the Law of the Sea 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. A tribunal of arbitrators appointed the Permanent Court of Arbitration (PCA) as the registry for the proceedings.
The article covers events relevant to the ongoing territorial disputes in the South China Sea. Even before the common era, maritime trading networks had already been established in the high seas of the region. Prior to World War II, China, France, and Japan disputed over the Paracel and Spratly Islands. After the war, Brunei, Malaysia, the People's Republic of China, the Philippines, Taiwan, and Vietnam became involved in the conflict.
During the administration of President Barack Obama, there were six instances of the United States Navy performing a freedom of navigation operation (FONOP) in the South China Sea (SCS). During the same period the USN also performed multiple other FONOPs in other parts of the world. The SCS operations involved Arleigh-Burke class guided missile destroyers assigned to United States Seventh Fleet. The U.S. FONOP program began in 1979 and the Department of Defense (DoD) keeps public records of FONOPs since 1991 on its website. The Department of State (DoS) provided guidance to the DoD on conducting FONOPs, with a particular focus on the South China Sea and East China Sea, while pushing back on the People's Republic of China and their "excessive territorial claims", specifically with the Spratly Islands, Paracel Islands, and Senkaku Islands.
The exclusive economic zone of the Philippines, per the mandate of the United Nations Convention on the Law of the Sea (UNCLOS), consists of four subzones. It covers 2,263,816 square kilometers (874,064 sq mi) of sea. The Philippines has 7,641 islands comprising the Philippine archipelago. The zone's coordinates are between 116° 40', and 126° 34' E longitude and 4° 40' and 21° 10' N latitude. It is bordered by the Philippine Sea to the east and north, the South China Sea to the west, and the Celebes Sea to the south.
Vietnam claims an exclusive economic zone (EEZ) of 1,395,096 km2 (538,650 sq mi) with 200 nautical miles from its shores.
↑ Note that the oil and gas discovered in the region so far has been in shallow / coastal-shelf waters, whereas (with notable exceptions), the majority of waters in the area are very deep, and unexplored. (One of the exceptions is the Reed Bank area.) Source: "South China Sea"(PDF). US Energy Information Administration (eia). 7 February 2013. p.13. Archived(PDF) from the original on 12 July 2014. Retrieved 7 June 2014.
↑ TED (Trade and Environment Database), Mandala Project (December 1997). "Spratly Islands Dispute". ICE Case Studies. American University. Archived from the original on 7 January 2014. Retrieved 29 October 2013.
1 2 Lily B. Libo-on (13 June 2003). "When All Else Has Failed, Diplomacy Sets In". Borneo Bulletin. Archived from the original on 7 January 2005. (Archived from the originalArchived 28 February 2008 at the Wayback Machine on 2005-01-07). Additionally, pages 48 and 51 of "The Brunei-Malaysia Dispute over Territorial and Maritime Claims in International Law" by R. Haller-Trost, Clive Schofield, and Martin Pratt, published by the International Boundaries Research UnitArchived 18 October 2009 at the Wayback Machine , University of Durham, UK, points out that this is a "territorial dispute" between Brunei and other claimants over the ownership of one above-water feature – Louisa Reef.
↑ "Overview". United Nations Convention on the Law of the Sea of 10 December 1982. United Nations. 22 August 2013. Archived from the original on 2 July 2017. Retrieved 29 June 2017.
↑ Bonnet, Francois-Xavier (November 2012). "Geopolitics of Scarborough Shoal"(PDF). Irasec's Discussion Paper (14). Institut de Recherche sur l'Asie du Sud-Est Contemporaine – Research Institute on Contemporary Southeast Asia.:14
↑ Claudius Madrolle (1939). "La question de Hai-nan et des Paracels" [The question of Hai-nan and Paracel]. Politique étrangère (in French). 4 (3): 302–312. doi:10.3406/polit.1939.5631.
1 2 Furtado, Xavier (December 1999). "International Law and the Dispute over the Spratly Islands: Whither UNCLOS?". Contemporary Southeast Asia. 21 (3): 386–404. doi:10.1355/CS21-3D.
1 2 Ma, Xuechan (20 November 2021), "Introduction", The Spratly Islands and International Law, Brill Nijhoff, pp.1–12, ISBN978-90-04-50433-2, retrieved 20 September 2024
↑ Island of Palmas Case, p.845, Report of International Arbitral Awards, United Nations (2006)
↑ The Evolutionary Interpretation of Treaties, Eirik Bjorgee, Oxford, p. 142 (2014)
↑ Island of Palmas Case, p.840, Report of International Arbitral Awards, United Nations (2006)
↑ 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.
↑ Legal Status of Eastern Greenland (Norway v. Denmark), Permanent Court of International Justice, 1933, pp. 51-52, PCIJ Series A/B. 53
↑ Legal Status of Eastern Greenland (Norway v. Denmark), Permanent Court of International Justice, 1933, PCIJ Series A/B. No. 53
↑ "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.
↑ Tonnesson, Stein (February 2006). "The South China Sea in the Age of European Decline". Modern Asian Studies. 40 (1): 1–57. doi:10.1017/S0026749X06001727.:6–48
↑ Award of July 12, 2016, South China Sea Arbitration, p. 253 and 474
1 2 3 Tonnesson, Stein (February 2006). "The South China Sea in the Age of European Decline". Modern Asian Studies. 40 (1): 1–57. doi:10.1017/S0026749X06001727.:8
1 2 China's Claim to the Spratly Islands is Just a Mistake, Bill Hayton, CIMSEC, May 16, 2018
↑ Ministère de L'Europe et des Affaires étrangères, France Commission de publication des documents relatifs aux origines de la guerre (1981). "15, 16 mars-30 avril 1939". Documents diplomatiques français 1932–1939. 2e série, 1936–1939. Paris: Ministère des affaires étrangères, Commission de publication des documents relatifs aux origines de la guerre 1939–1945. pp.1–1002. Archived from the original on 23 February 2022. Retrieved 23 February 2022.
↑ Ministère de L'Europe et des Affaires étrangères, France Commission de publication des documents relatifs aux origines de la guerre (1974). "9, 21 mars-9 juin 1938". Documents diplomatiques français 1932–1939. 2e série, 1936–1939. Paris: Ministère des affaires étrangères, Commission de publication des documents relatifs aux origines de la guerre 1939–1945. Archived from the original on 23 February 2022. Retrieved 23 February 2022.
↑ Chinese Ministry of Information, ed. (1947). China Handbook 1937–1945, New Edition with 1946 Supplement. New York: Macmillan Co. pp.1–844.[failed verification]
↑ US Department of State Publication, Record of Proceedings of the Conference for the Conclusion and Signature of the Treaty of Peace with Japan, 119, 292 (1951).
Carpenter, Ted Galen (28 February 2013). "Taiwan Challenges Its Neighbors". The National Interest. Cato Institute. Archived from the original on 17 May 2014. Retrieved 10 March 2014.
↑ Himmelman, Jeff; Gilbertson, Ashley (24 October 2013). "A game of shark and minnow". The New York Times. Archived from the original on 27 August 2017. Retrieved 17 March 2014.
↑ Patrick Ventrell (3 August 2012). "South China Sea". United States Department of State. Archived from the original on 4 July 2024. Retrieved 3 February 2013.The United States has supported the Philippines and Vietnam by expanding military ties and expressed that it has a "national interest" in the South China Sea. "US voices concern over South China Sea rows". Al Jazeera. 4 August 2012. Archived from the original on 9 August 2012. Retrieved 3 February 2013.
Forbes, Andrew, and Henley, David: Vietnam Past and Present: The North (Sino-Viet relations in Paracels and Spratlys). Chiang Mai. Cognoscenti Books, 2012. ASINB006DCCM9Q.
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