Who Owns the West Philippine Sea? Philippines and China Territorial Disputes
Вставка
- Опубліковано 20 січ 2024
- The Spratly Islands have been at the center of the debate in the South China Sea. In July 2016, the Permanent Court of Arbitration at The Hague issued its ruling on a claim brought against China by the Philippines under Unclos, ruling in favor of the Philippines on almost every count. While China is a signatory to the treaty, that established the tribunal, it refuses to accept the court’s authority.
In recent years, satellite imagery has shown China’s increased efforts to reclaim land in the South China Sea by physically increasing the islands’ size and creating new ones altogether.
In addition to piling sand onto existing reefs, China has constructed ports, military installations, and airstrips-particularly in the Paracel and Spratly Islands, where it has twenty and seven outposts, respectively. China has militarized Woody Island by deploying fighter jets, cruise missiles, and a radar system.
To protect its political, security, and economic interests in the region, the United States has challenged China’s assertive territorial claims and land reclamation efforts by conducting freedom of navigation operations and bolstering support for Southeast Asian partners.
Also, in response to China’s assertive presence in the disputed territory, Japan has sold military ships and equipment to the Philippines and Vietnam to improve their maritime security capacity and deter Chinese aggression.
The United States has a role in preventing military escalation resulting from the territorial dispute. Washington’s defense treaty with Manila could draw the United States into a potential China-Philippines conflict over the substantial natural gas deposits and lucrative fishing grounds in the disputed territory.
The failure of Chinese and Southeast Asian leaders to resolve the disputes diplomatically could also undermine international laws governing maritime disputes and encourage destabilizing arms buildups.
Five small nations claim parts of the South China Sea’s land features and surrounding waters. Vietnam and the Philippines are the most active claimants. Vietnam bases its current claims on 17th-century maps.
Troops from France’s colony of Vietnam occupied some Paracel islands in the 1920s. After the Vietnam War, Vietnam occupied the western Paracels and annexed certain Spratly land features. In 2009, Vietnam declared sovereignty (supreme legal authority) over both the Paracels and Spratlys.
Join this channel to get access to perks:
/ @aseananalytics
This is the result of ICCs passive approach before or even after awarding the area to the Philippines. Artificial islands were made by China even before the verdict. This is not a China vs Phil issue ever since. It is China vs international community who believed that this is not own by no one except those clearly stated in UNCLOS 200 notical miles. That's why China is avoiding talks in this magnitude because they know it would be more difficult to accomplish. While if they win vs. Phil Tru bilateral talks it is assumed that they own the international waters before the west Phil sea area. Let us not give in to Chinese desperate strategy.
That is West Phil Sea, very clear owns by Philippines and also declared by UNCLOS own by Philippines. No entry Chinese there.
The real owner and have exactly full rights of west philippines (south china sea)is the republic of the philippines 😊❤since 1700 up to present based on the map @ legal documents by father murillo - the spanish navigator
What can be done to resolve this case? I say No for war! I don't want to imagine the Philippines becoming another Ukraine! Oh Lord spare us!
200 nautical miles from Philippines EEZ its called West Philippine sea
Lets look to the green colors of sea bed,it clearly showing belongs to the Philippines.not yo China !
They are in dire need of a fishpond. Too many people to feed.
Very clear thats belongs to the Philippines not to China
UNCLOS must be followed by the SIGNATORY COUNTRIES,that includes CHINA and the PHILIPPINES.Using might to pursue what is not right will make CHINA a PARIAH state.🧐
WHAT DID THE 2016 ARBITRAL AWARD SAY ABOUT CHINA'S 9-DASH LINE? CLAIM? (TLDR Version)
1.) Here's an excerpt from the almost 500 pages, 2016 Arbitral Award, on Page 111, Paragraph 261, it stated the following:
"The Tribunal concludes that China's claim to historic rights to the living and non-living resources
within the 'nine-dash line' is incompatible with the convention to the extent that it exceeds the
limits of China's Maritime zones as provided for by the convention."
2.) Here's another excerpt from the 2016 Arbitral Award, on Page 111, Paragraph 262, it stated the following:
"Any historic rights that china may have had to the living and non-living resources within the 9-dash line
were superceded, as a matter of law and as between the Philippines and China by the limits of the maritime zones
provided for by the convention."
3.) Here's a third excerpt from the 2016 Arbitral Award, on Page 278, Paragraph 692, it stated the following
"The Tribunal has found that there is no legal basis for any Chinese historic rights, or other
sovereign rights and jurisdiction beyond those provided for in the convention in the waters of
the South China Sea encompassed by the 'Nine-dash line'"
CONCLUSION:
===========
1.) China's 9-dash line claim (Now 10-dash line) is in violation of international law as stated by the 2016 Arbitral Ruling.
it's been declared illegal, having no legal basis.
2.) China's Historic Rights, were replaced by the provisions of international law (UNCLOS) when UNCLOS took effect and
china having ratified UNCLOS and being one of UNCLOS member states is expected to respect and follow international law
3.) Another thing here is that, under international law, the maximum maritime zone any coastal state can lay claim on is
up to 350 Nautical Miles only, measured from it's coast as defined in Article 73, Paragraph 6 of UNCLOS. but china
lays claim on parts of the sea that are well beyond that and are already belonging to other states exclusive economic zone.
SOURCES OF INFORMATION:
=======================
1.) 2016 Arbitral Award or UNCLOS Arbitral Ruling. (Anyone can get a copy of the 2016 arbitral award and read it by simply
going to the Permanent Court Of Arbitration and search in cases section. this is highly verifiable legal document and evidence
disproving china's 9-dash line claim.)
2.) UNCLOS
3.) "The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in the West Philippine Sea" an E-book written by
former supreme court Justice of the Philippines, Antonio T. Carpio, one of the people that spearhead the Philippines arbitration
case against china in international court
If you allow a Bully to do whatever it wants, it will.
Look at Tibet, Mongolia, parts of Bhutan/Russia/India.
Learn to Share & Respect other's Territory.
Like now chaina want to occupies Taiwan 🇹🇼 and all South China sea.
You should focus your report on the economic status of Asean countries and not only about Wps
This sea is for southeast Asia country and freedom marine sailing
Automatic the owner of west philippine sea is singgapore becoz it belongs to india u know
PH, of course. Any other claims by other countries are not funded nor justfied.
The Philippines is the rightful owner
MASS POWER OVER ONE MAN POWER
The Philippines's boundary line was limited to the Treaty of Paris and Treaty of Washington. The spratly archipelago is outside the boundary. That's why in 1956, the Philippines claim it was res nullius and should become their islands. It is a weak, if not an unreasonable claim because Chinese claimed these islands in 1920 and 1947. It is a shame.
Japan had captured these islands in 1937. They kicked away the French with the reason that Japanese is in conflict with China and the Japanese have to capture these Chinese islands. After the WWIi, the Chinese take back the islands and announced again what they have done since 1895. The Taipei Treaty between China and Japan in 1952 clearly written down those islands returned to their Chinese owners from the hands of Japanese.
Thanks for watching, please share like and comments to our videos. For more related content please visits are homepage. Once again, thank you for the support!!
The territorial boundaries of the Philippines was for the most part described in the Treaty of Paris. It was later expanded in the Treaty of Washington of 1900 to include the islands of Cagayan [Mapun], Sulu and Sibutu and their dependencies. Dependencies here means all the territories and islands within those municipalities. Sulu, for its part, is a territory that was ceded by the Kingdom of Sulu to the Government of the Philippines. The kingdom of Sulu claims ownership over Spratlys and Sabah.
That said, the recent court decision in fact clarifies that reefs and islands cannot be considered territory by anyone since they cannot sustain human settlement on its own and are thus not considered "habitable". Thus the court refused to rule on issues of ownership of islands given the overlapping EEZs. When it comes to overlapping EEZs, it's all left up to bilateral talks between involved parties to discuss sharing of resource and governance. What it does clearly state, however, is that China's territorial claims has zero legal basis and that any historical rights it might have have been lost in history and has been superceded by the UNCLOS, which China signed. This is in contrast to the Philippines (and possibly Malaysia and Brunei, given that Sabah and related territories like the Spratlys was historically a gift by the Kingdom of Brunei to the Kingdom of Sulu) whose territorial rights are covered by various treaties. This was in fact how the (then American colony) Philippines managed to reclaim territories like the Turtle islands and various other islands from the then British controlled Sabah.
In addition, The Philippines, Malaysia, Vietnam and Taiwan controls actual islands in the Spratlys, not artificial ones built on top of reefs. China doesn't control any real island, only artificial ones. Right now, the Philippines' (and other nations for that matter) legal claims to the Spratlys and Scarborough are not territorial (territorial waters are different) but purely based on EEZ or on how the natural islands it occupies will be treated in the future.
China nevertheless insists that its claims are based on the Treaty of Taipei where Japan declared its withdrawal of all territorial claims. The problem for China is that any legal analyst knew that withdrawal of claims is not a transfer of ownership and to begin with, Japan back then, as an occupying force that lost in war, has no right to decide who owns what. Japan also refused to interpret the treaty as a transfer of ownership. For its part, Japan has no political right to be able to do so anyway. Furthermore, the line that China was citing from the Treaty of Taipei was a line that was being quoted and referenced from the Treaty of San Francisco. The Treaty of San Francisco was written in the San Francisco Peace Conference, where the USSR attempted to pass a motion to award the Spratlys and Paracels to China but was defeated by an overwhelming majority against it. It thus doesn't make sense for the Treaty of Taipei to deviate from the Treaty of San Francisco, which is a treaty that also simply reiterated the Potsdam and Cairo declaration which listed the territories that the allies wanted to strip from Japan and award to China. In fact, it doesn't make sense for China to unilaterally decide either without a vote from the allied nations.
There's also a nefarious reason why China wanted to claim the entire SCS as its territory (as opposed to the claims of other claimants that are only as EEZ). A territorial water gives more absolute control to the nation, whereas an EEZ (and continental shelf) only gives limited rights that are governed by international law.
Related article; Sultanate of Sulu claiming the Spratlys (I attempted to link this earlier but the edit got flagged):
philstar .com/headlines/2011/07/14/705604/sulu-sultanate-rejects-china-claim-over-spratlys
You want to start all over again?
@@wangchung7599 Ah, you're here, good. Ready to show me where Batanes, Turtle islands and Mangsee is in the treaty? Show me, then we'll talk. Also, I attempted to edit in an article to the original post earlier but it got flagged. Try to explain away the Sultanate of Sulu's claims while you're at it.
@@rhyanjill You've deleted the history of the long thread, nobody will know how you interpretated the articles in the treaties.
Nah, I''ll wait for the next AA video about the treaties of Paris 1898 and Washington 1900.
@@wangchung7599 I added in an article about the sultanate's claims in the original post and it got flagged. Well, I found a way in this one but yeah, whatever.
Not too confident now when the literal ruler of the territory is being quoted I guess.
Thanks for watching, please share like and comments to our videos. For more related content please visits are homepage. Once again, thank you for the support!!
Philippines
From the WORDS itself.. " WHO OWNS the WEST PHILIPPINES SEA.. "
IN my OWN idea.. of curz it belongs to our Country PHILIPPINES..
But, controlled by China.
ONE MAN DOGS OVER INTELLIGENT HUMAN MASSES.
tbh ph wouldnt mind if china or other countries sometimes enters it cause of understanding that sharing is better than argument and of course ph is peaceful country with a small military strength which only purpose is internal conflicts , but china shows they are greedy, would rather want it for themselves, bullies common local fishermen and cant be reasoned with international law, so yeah, if they want a fight, then PH has experience with invaders and communist already
All Southeast Asian nations fishermen would usually meet in the West Philippine Sea and eat their catch together.
We called the Philllipine deef not west Phillipine sea
Thats in the ECC of the Phillipines and why Chna patrolling in Phillipines.
Simple Question.. The Asean does. China was never in this game to begin with. Times like today that it should be called. 'ASEAN SEA'. Not "South China Sea" from now on.
That's a good new name
Philippines legally own west Philippines sea... it belong to the Philippines in Spanish valerde map, treaty of Washington, and unclos...
Thanks for watching, please share like and comments to our videos. For more related content please visits are homepage. Once again, thank you for the support!!
Lol the Philippines claim the eez because its within the territory. Not the whole SPRATLY ISLANDS !!
Thanks for watching, please share like and comments to our videos. For more related content please visits are homepage. Once again, thank you for the support!!
Philippines owns West Philippines Sea, under UN, UNCLOS, not China
If you can change the name of South China Sea ti West PH sea than the rule can be changed 🙄
The south china sea should be change to ASEAN sea and the west philippines sea is only 200NM from the tip of its base line shore, do not confuse west philippines sea is claiming the entire south china sea, it is china alone claiming the entire sea as if no ASEAN members are allowed to own a fraction of 200nm
Philippines. Vietnam. Malaysia. Indonesia Brunei. China get out
belongs to Taiwan
Are you sure?I don't think so.That is own by the Filipinos From the Philippines and not china not taiwan
They r greedy n big bullies
Philippines