Territorial Disputes Over the South China Sea

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    TERRITORIAL DISPUTES OVER THE SOUTH CHSEA,

    A HISTORICAL AND ANALYTIC APPROAC

    Submitted by:

    Joshua Erdy A. Tan

    IIIA BSITE

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    OUTLINE OF PRESENTATION

    I. Abstract

    A. Statement of the ProblemB. Goals and Objectives

    C. Scope and Limitation

    D. Theoretical Framework

    E. Methodology

    II. IntroductionIII. Related Studies

    IV. Analysis of Data

    V. Conclusion

    VI. References

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    I. ABSTRACT

    In this study, we will analyse the territories and

    being disputed over the South China Sea. The specific disputed islands are the basis for this conc

    1. Islands in the southern reaches of the South Chincluding the Spratly Islands by Philippines, Taiw

    China2. Maritime boundary off the coast of central P

    and Luzon between the Philippines, China, and T

    3. The nine-dash area claimed by China which covof the South China sea and overlaps EEZ of the

    of the Philippines

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    A. STATEMENT OF THE PROBLEM

    The territorial disputes between three coun(Philippines, China, and Taiwan) surrounthe South China Sea creates tensions conflicts that affects their political, econo

    and diplomatic relations.

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    B. GOALS AND OBJECTIVES

    The goals and objectives of this study are:

    1. To know and elaborate the basis and claidifferent territories by countries in the As(Philippines, Taiwan, and China)

    2. To analyze the historical data and inform

    different claimants of the unclaimed territoSouth China Sea

    3. To distinguish the diplomatic and foreignbetween the claimants (Philippines, TaiwChina)

    4. To determine the legality of such territorial dis

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    C. SCOPE AND LIMITATION

    This study only applies within tcountries in the Asia-Pacific Re(China, Taiwan, and the Philippines).

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    D. THEORETICAL FRAMEWORK

    The theories that are supported in thiincludes both the Conflict theoryInternational Relations theory. Conflict defines as inequality exists because th

    control of a disproportionate shasocietys resources actively defendadvantages.

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    E. METHODOLOGY

    The methods that are used involvcombination of both comparativehistorical research to prove the claimbasis for the disputed territories in the

    China Sea (also known as West PhiSea).

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    II. INTRODUCTION

    The South China Sea

    Spratly Islands

    Scarborough Shoal

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    SOUTH CHINA SEA

    One of the Asias body owater that has a lot o

    resources (oil and gareserves, fishes, and othesea resources).

    Measures around 3 millionsquare kilometres.

    Composed of over 250 smaislands, shoals, reefs, andsandbars, in which countriecompete over claims withinthe sea boundaries.

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    SPRATLY ISLANDS

    An archipelago

    400 rocks, reefislands located

    southern part

    South China comprising 36 isla

    rocks) that are water at high tide

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    SCARBOROUGH SHOAL

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    SCARBOROUGH SHOAL

    Forms a triangle-shaped chain of reefs and rocksmall islands 55 kilometres (34 mi) in circumferenctotal area including shallow water areas of 15kilometers.

    Was named after the East India Company tea-trScarborough, which was wrecked on one of its ro

    September 1784 with all lives lost. Because of its rich fishing grounds, the sovereign

    shoal is disputed and claimed by three countries, wthe Peoples Republic of China, Republic of Chinaand the Republic of the Philippines.

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    III. RELATED STUDIES Maritime Boundary Disputes in the South China Sea (Sydney

    School) The South China Sea dispute: Evolution, Conflict Manageme

    Resolution

    The Management of the Spratly Islands Conflict: Success or

    Philippine Territorial Boundaries: Internal Tensions, Colonial

    Ambivalent Conformity Emerging maritime rivalry in The South China Sea: Territorial

    sea-lane security, and the pursuit of power

    Who owns the Spratly Islands?

    Santiago: Scare China with power politics

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    MARITIME BOUNDARY DISPUTES ITHE SOUTH CHINA SEA

    According to Triggs (2009), energy security has be

    one of the world's foremost concerns and a poten

    source of international conflict.

    The Philippines occupy nine rocks or islets and bas

    claims on discovery, proximity, and occupation. Itoccupies Kalayaan Island (Freedomland) discove

    by Tomas Cloma in 1956.

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    MARITIME BOUNDARY DISPUTES ITHE SOUTH CHINA SEA

    China occupies eight islets or rocks and, in 1993, p

    a map of its historic claims to the islands, ro

    perhaps reefs of the South China Sea. A map 1947 by the Republic of China with nine undefine

    lines provides further evidence of Chinas claim. Taiwan has occupied the largest island in th

    group, Itu Aba (Taiping Dao) for about 20 year

    rests its claim on substantially the same historica

    as China.

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    THE SOUTH CHINA SEA DISPUTE:EVOLUTION, CONFLICT MANAGEMENT AN

    RESOLUTION

    The main idea of the South China Sea dispute

    series of complex, legal, technical

    geographic components critical to understan

    the dispute. Its small features and indeterminate mar

    regime are the subject of conflicting c

    among China and Taiwan and four mem

    countries of the ASEAN.

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    THE MANAGEMENT OF THE SPRATLYISLANDS CONFLICT: SUCCESS OR FAILUR

    The Spratly Islands conflict in the South China

    originally started in the 1930s, but was

    manifestly erupted in 1969. They are entirety

    partially claimed by China, Taiwan and Vietn

    and Malaysia, the Philippines and Brespectively.

    Spratly Islands is the source of conflict becaus

    its oil abundance and other natural resources,

    strategic location.

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    PHILIPPINE TERRITORIAL BOUNDARIES:INTERNAL TENSIONS, COLONIAL BAGGAG

    AMBIVALENT CONFORMITY

    According to Bautista (2011), the extent and defin

    the Philippine national territory is disputed in intern

    law.

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    PHILIPPINE TERRITORIAL BOUNDARIES:INTERNAL TENSIONS, COLONIAL BAGGAG

    AMBIVALENT CONFORMITY

    The boundaries of the Philippines are not recog

    the international community for two principal rea

    because of the fundamental position of the P

    that the limits of its national territory are the bounddown in the 1898 Treaty of Paris which ce

    Philippines from Spain to the United States; and s

    its claim that all the waters embraced with

    imaginary lines are its territorial waters.

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    EMERGING MARITIME RIVALRY IN THESOUTH CHINA SEA: TERRITORIAL DISPUTESEA-LANE SECURITY, AND THE PURSUIT O

    POWER

    Disputes over the South China Sea, principally th

    and the Paracel Islands, began to emerge in

    1970s when it was discovered that this ocean a

    contain significant oil and natural gas depscramble for islets in the South China Sea further

    with the signing (1982) and entry into force (199

    United Nations Convention on the Law of

    (UNCLOS).

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    WHO OWNS THE SPRATLYISLANDS?

    The History and the UNCLOS are the bases of the ceach country

    The Sultanate State of Sulu is the legal owner of thArchipelago, but since the Sultan Kiram turnterritorial and proprietary rights of the State to the

    of the Philippines including the Palawan and the S1960's, then legally it belongs to the Philippines.

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    SANTIAGO: SCARE CHINA WITHPOWER POLITICS

    Santiago explained that since China has corefused to raise the issue on territorial disputScarborough Shoal (Panatag Shoal), which is in Philippine Sea (South China Sea), to international cthe International Court of Justice and the Unite

    Convention on the Law of the Sea, the only alternfor the Philippines is powerpolitics.

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    IV. ANALYSIS OF DATA

    Using maps and timeline of the, we would bto classify the different bases and claims territorial disputes and conflicts on the SoutSea.

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    MAPS

    Maps of various countries occupying the Spratly Isla

    Chinas Nine-Dotted Line Map

    Carta Hydrografica y Chorographica de las Islas Fil(1734)

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    MAPS OF VARIOUS COUNTR

    OCCUPYING THE SPRATLY ISLA

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    COUNTRIES AND THEIR CLAIMEDTERRITORIES/ISLANDS

    Philippines

    Patag

    Panata

    Kota

    Lawak

    Parola

    Pag-asa

    Likas

    Rizal

    Balagtas

    Ayungin

    China

    Cuarteron Reef

    Fiery Cross Reef

    Gaven Reefs

    Hughes Reef

    Johnson South Reef Mischief Reef

    Subi Reef

    First Thomas Reef

    Whitson Reef

    Taiw

    Taiping Is

    Ban Than

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    CHINAS NINE-DOTTED LIMAP

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    According to both Nguyen Dang ThanNguyen Hong Thao (2011), Chinas nine-do

    claim has elicited responses from claimant anon-claimant states in the Spratly Islands disp

    China claims sovereignty over islands in twhich include, inter alia, the Spratly Islandsbasis of discovery by Chinese fishermen and

    usage. According to Chinese literature, Chinsome efforts to define the geographical scthe islands in the SCS, including the Spratly Isthe 1930s by ascertaining their coordinattoponyms.

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    It was not until the late 1940s that the nine-dlines appeared for the first time on a map of in the SCS published by China (then the Reof China). Lying to the North of the SCS, cannot, in accordance with the LOS Conveproject a maritime claim from its mainland

    centre of the SCS, where the Spratly Islalocated.

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    CARTA HYDROGRAFICA YCHOROGRAPHICA DE LAS

    ISLAS FILIPINAS (1734)

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    The oldest Philippine political map found by cartographer, Pedro Murillo Velarde.

    Currently, this map can be found oMetropolitan Museum of Manila. This nachart, along with another by Murillo Velarde1734 and two later maps, one of them British

    the Scarborough shoal 124 nautical miles fLuzon coastline.

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    TIMELINE

    200-300 BC: China first discovers the Nanshaand other islands in the South China Sea, anto occupy and govern them.

    1885: China officially claims all the Nansha Is

    1939: The Nansha Islands are invaded and oby Japan during the Second World War.

    1946: China declares the Nansha Islands asGuangdong province.

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    TIMELINE

    1947: The Philippines claims some of the Nansha Islands and the Scarborough Reef.

    1951: Japan renounces all rights to the Islands. No resolution is made on who owns t

    1978: Philippine President Ferdinand Marcothe entire territory as part of the Phredrawing the country's map.

    1991: China passes the Law on Territorial WaTheir Contiguous Areas.

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    TIMELINE

    1994: China distributes a map claiming the entChina Sea, including all the Nansha Islands.

    1995: China and the Philippines have a cMischief Reef.

    2000: In May, Chinese and Philippine foreign

    agree to "contribute positively toward the forand adoption of the regional Code of ConduSouth China Sea." In December, Vietnam ansign two agreements to resolve long-standing disputes over the Gulf of Tonkin.

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    TIMELINE

    Nov. 2002: China and ASEAN adopt the Decon the Conduct of Parties on the South Chsetting the stage for possible comcooperation and long-term stability.

    June 28, 2011: The US and the Philippine

    routine naval drills near the South China Sea. July 6, 2011: The Philippines' Foreign Se

    Alberto Del Rosario visits China to seek a dipsolution.

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    TIMELINE

    July 19, 2011: The South China Sea dispute topic of discussion at the ASEAN Regional Bali.

    July 25, 2011: Progress is deemed to havmade during the ASEAN Regional Forum. Ch

    ASEAN established a deal to create aguidelines for future negotiations to esta"code of conduct" as a "first step" towardssweeping, binding code of conduct.

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    TIMELINE

    Oct. 18, 2011: Japanese Foreign Minister Gemba proposed a multilateral framework maritime disputes in the South China Sea dtour of Indonesia and other Southeascountries, with China reiterating that it wresolve territorial disputes in the South Chthrough talks between nations that are involved, rather than involving other countrie

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    TIMELINE

    Oct. 20, 2011: Annual joint US-Philippines mabegin, which include a hostile beach assaultnear the Nansha Islands. At the same time, a Pwarship struck a Chinese fishing boat in the SouSea, leading to an apology by the Philippine Na

    Oct. 25, 2011: Global Times commentary w"sounds of cannons" if nations involved in disputes in the South China Sea "don't want totheir ways with China."

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    TIMELINE

    Nov. 21, 2011: During the East Asia confereUS and ASEAN countries aligned to efpressure China on their claims to hold "indissovereignty" over the South China Seas.

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    V. CONCLUSION

    The territorial disputes surrounding the South C

    could only cause tensions and war rhetoriccountries in Asia-Pacific region.

    Because of the abundance of natural resources s

    and gas deposits, and also sea resources, PChina, and Taiwan would be harsh enemie

    geopolitical perspectives.

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    EFFECT ON FOREIGN RELATIONS

    Foreign relations between the three countries ha

    soured. Agreements such as the UN's 1982 coappeared to lay the framework for a solution.

    Under the agreement, the countries agreed to

    their territorial and jurisdictional disputes by means, without resorting to the threat or use

    through friendly consultations and negotiations".

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    THANK YOU!