Treaty of Washington (1900)

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The Treaty of Washington of 1900 was signed on November 7, 1900, and came into effect on March 23, 1901, when the ratifications were exchanged. The treaty sought to remove any ground of misunderstanding growing out of the interpretation of Article III of the 1898 Treaty of Paris by clarifying specifics of territories relinquished to the United States by Spain. It explicitly provided:

Spain relinquishes to the United States all title and claim of title, which she may have had at the time of the conclusion of the Treaty of Peace of Paris, to any and all islands belonging to the Philippine Archipelago, lying outside the lines described in Article III of that Treaty and particularly to the islands of Cagayan [Mapun], Sulu and Sibutu and their dependencies, and agrees that all such islands shall be comprehended in the cession of the Archipelago as fully as if they had been expressly included within those lines. [1]

In consideration for that explicit statement of relinquishment, the United States agreed to pay to Spain the sum of one hundred thousand dollars ($100,000) within six months after the exchange of ratification. [1] [2] The Treaty of Washington is also known as the Cession Treaty. [3]

Both the 1898 and 1900 treaties were incorporated in the first article of the 1935 Constitution of the Philippines concerning the scope of the national territory. [4] Scarborough Shoal is about 9 miles west of the treaty limits which consist of the 1898 and 1900 treaties, 1930 convention, and 1928 arbitral award based on the Island of Palmas Case. [5] In the Island of Palmas Case, judge stated that "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." [6] [7] In April 1935, Waters and Land Map Review Committee of China (ROC) released the Map of the South China Sea Islands and Maritime Features to reiterate the ROC position that the South China Sea Islands are Chinese (ROC) territory. [8] Starting from 1961, the baselines of the Philippines were published by the Philippine government, the Scarborough Shoal and Spratly Islands were not part of the Philippine Archipelago. [9] [10] [11] in 2015, Director of the Chinese Communist Party Central Committee Foreign Affairs Commission Office Wang Yi claimed in an East Asia Summit and an ASEAN Regional Forum Foreign Ministers’ Meetings that according to the Treaty of Paris in 1898, the Treaty of Washington in 1900 and the Convention Between the United States and Great Britain of 1930 which defined the territory of the Philippines, the western boundary of the Philippines is delimited by 118 degrees east longitude, the Scarborough Shoal and Spratly Islands are not Philippines' territory. [12]

However, according to former Associate Justice Antonio Carpio, the treaty amended the 1898 Treaty of Paris by including several islands outside of the bounds of the 1898 treaty still under Spanish possession, citing three maps published during the Spanish colonial era which included the two disputed areas as part of the Philippine territory. [13] [14] By submitting a position paper recognizing the 1900 Treaty of Washington during the arbitration filed by the Philippines, China may have inadvertently supported the Philippine position. China made a judicial admission (under the law, the highest form of admission) that Philippine territory is also regulated by the Treaty of Washington, that Spain also ceded to the United States "any and all islands belonging to the Philippine archipelago, lying outside the lines of the Treaty of Paris," according to Carpio. [13]

See also

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References

  1. 1 2 "TREATY BETWEEN SPAIN AND THE UNITED STATES FOR CESSION OF OUTLYING ISLANDS OF THE PHILIPPINES". University of the Philippines. 7 November 1900.
  2. ↑ Treaty between the United States and Spain for the cession to the United States of any and all islands of the Philippine archipeligo lying outside of the lines described in Article II of the Treaty of Paris of December 10, 1898., November 7, 1900.
  3. ↑ Hiebert, Murray; Nguyen, Phuong; Poling, Gregory B. (2014), Perspectives on the South China Sea: Diplomatic, Legal, and Security Dimensions of the Dispute, Center for Strategic & International Studies, p.  75, ISBN   978-1-4422-4033-9
  4. ↑ "The 1935 Constitution". Official Gazette. Retrieved 10 July 2024.
  5. ↑ 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 January 30, 2023. Retrieved July 12, 2024. the eastern limit of Scarborough Shoal is about 9 miles west of the treaty limits outlined on chart 4200... The limits as shown are based on: (1)The Treaty of Paris, December 10, 1898, (2) Supplemental treaty dated November 7, 1900, (3) Arbitral award, Permanent Court of Arbitration at the Hague, April 4, 1928, (4) Presidential proclamation, January 2, 1930 based on a convention between the United States and Great Britain.
  6. ↑ https://books.google.com/books?id=ZEsTAAAAYAAJ&pg=PA382&lpg=PA382&dq=%22Were+any+island+within+those+described+bounds+ascertained+to+belong+in+fact+to+Japan%22&source=bl&ots=l3sgMJ97q8&sig=ACfU3U0hzr9lYtCsq2oDZ-qvNZo479iKhw&hl=en&sa=X&ved=2ahUKEwiQp7SB2e2HAxUaDzQIHZIyNX8Q6AF6BAgIEAM#v=onepage&q&f=false 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.
  7. ↑ https://books.google.com/books?id=k3G5DwAAQBAJ&pg=PT156&lpg=PT156&dq=%22Were+any+island+within+those+described+bounds+ascertained+to+belong+in+fact+to+Japan%22&source=bl&ots=UuAE4K9E9K&sig=ACfU3U2PYXJP3Wn9ctcVK1jm09Hz9iuzpw&hl=en&sa=X&ved=2ahUKEwiQp7SB2e2HAxUaDzQIHZIyNX8Q6AF6BAgJEAM#v=onepage&q=%22Were%20any%20island%20within%20those%20described%20bounds%20ascertained%20to%20belong%20in%20fact%20to%20Japan%22&f=false 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.
  8. ↑ Ministry of Foreign Affairs, Republic of China; Lin, David. "Peace in the South China Sea, National Territory Secure Forever: Position Paper on ROC South China Sea Policy" (PDF). Retrieved 3 June 2020.
  9. ↑ 1961 Philippine Archipelago, Republic Act 3046
  10. ↑ 1968 Philippine Archipelago, Republic Act 5446
  11. ↑ 2009 Philippine Archipelago, Republic Act 9522
  12. ↑ "Wang Yi on the South China Sea issue at ASEAN Regional Forum". EU Reporter. August 10, 2015.
  13. 1 2 Mateo, Janvic (7 June 2024). "China has backed Philippine maritime zone – Carpio". The Philippine Star. Retrieved 10 July 2024. what are the islands of the Philippine archipelago outside the lines? ... Scarborough Shoal and Spratlys ...
  14. ↑ Sarao, Zacarian (4 June 2024). "Marcos citing historical treaties boosts PH territorial claims—Carpio". Inquirer.net. Retrieved 10 July 2024.
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