Seychelle Denise J.

Pulanco
BSIE- D1A
Rivalry Over Spratly: A Dispute between Philippines And China

The Dispute between Philippines and China over Spratly Island is still ongoing today. Clashes of these countries has brought up to the higher level. Who should
really own this Island? Are there any sufficient claims for both of these countries to reign
the land?

The Spratly Island is located in South China Sea, off coast Philippines and
Malaysia. It has only 4 square kilometers of land spread out in over 450,000 square
kilometers of water. Though it makes construction of infrastructure impossible and
uninhabitable, countries such as Philippines and China is arguing about claiming this
island. This is because it is rich in marine ecosystem, gas and oil deposits, and its an ideal
location for military strategies. According to Geology and Mineral Resources Ministry of
the People's Republic of China (PRC), it has been estimated that Spratly area holds 17.7
billion tons of oil and natural gas. While United Stated Energy Information
Administration estimated that it doesn't hold any oil and there's only 100 billion cubic
feet of natural gas exists in fields near it. Philippines also discovered oil near Spratly
Islands and these supplied 15 % of their countries, Petroleum consumed. Spratly Island is
also one of the world's most productive area for commercial fishing. The PRC predicted
that it is worth one trillion dollars, combining fishing and oil and gas resources. Spratly
Island is also one of the most busiest shipping lanes in the world, many ships passed there

to deliver goods making it worthy of commercial shipping. Several historical, political

and economic reasons behind these countries' territorial claim over the Spratly Island
make it clash. Ideally, according to Haw (2013), the Spratly Islands should go to the
country that is most equipped and most qualified to sustainably develop the islands
resources and protect their diverse marine ecosystems; however, that is no small feat and
none of the countries involved in this territorial dispute are known for their green
technology.

Just recently in news, there are sufficient evidences that China destroyed
their 17 reefs in Spratly Island because of massive reclamation activities, which involves
involved at least 100 naval vessels and dozens of aircraft, and during which thousands of
shells and dozens of missiles and torpedoes were fired. The Philippines has filed its
arbitration case to the United Nations Convention on the Law of the Sea against Chinas
sweeping maritime claims. It has yet to decide whether it has jurisdiction on the case.
Minor it is, because its only 17 reefs. Yes it is only 17 reefs but that could affect all
marine biodiversity. Why would we let such country to invade an Island when they're
only destroying it? Though they said that is was all "lawful, reasonable and justified". In
one article, they said that their activities would help in maritime search and rescue,
disaster prevention and mitigation, among others. But in the other one I've read, they
have been just constructing artificial islands for military use, conducting naval drills, and
accosting civilian fishing vessels in the South China Sea for the past year and for their
own cost.

The two countries, Philippines and China, have their own background
in claiming this island. For the Philippines, it has been discovered way back May 1956 by
Tomas Cloma. He is an owner of a Philippine fishing vessel and director of the Philippine
Maritime Institute. It was said that he found the island, with no national flag and human
settlement, with his brother and crew while they were out of the south china sea. Then he
claimed it as the "Kalayaan Island", located and the fifth class municipality in the
philippine province of palawan, situated within the South China Sea or West Philippine
Sea. The People's Republic of China claims that is is a part of Ming Dynasty. Seeing that
there were no proofs China discovered the Island first, I'm comfortable to say that Spratly
should be own by the Philippines. According to Lohman (2009), Philippines has been
fighting for China's military intimidation for the past 20 years. This background just
proves that China, with insufficient evidence, does not have the right to claim Spratlys.

China's claimed over Spratly is based on their "nine- dotted line". The
"Nine Dotted Line", established by Chiang Kai Shek in 1947, refers to the demarcation
line that claims Paracel Islands, Spratly Islands, and various areas including the Pratas
Islands, the Macclesfield Bank and the Scarborough Shoal. The claim encompasses the
area of Chinese land reclamation known as the "great wall of sand". Chiang Kai Shek
didn't make up those lines. It was based on China's past activity in the region. However,
no country has ever recognized their Nine Dash Lines. Vietnam and Indonesia rejected
the 9-dotted line claim, citing that is is baseless and against United Nations Convention of
the Law of the Sea (UNCLOS). UNCLOS states that "All waters beyond national
boundaries were considered international waters: free to all nations, but belonging to

none of them (the mare liberum principle promulgated by Grotius)." According to

Philippine President Benigno Aquino III, "Chinas 9-dash line territorial claim over the
entire South China Sea is against international laws, particularly the United Nations
Convention of the Laws of the Sea (UNCLOS)". This just proves that China's first
evidences or support to claimed Spratly is invalid, based on international laws.

Another reason why China claims Spratly is because of their military

and power. The world cannot allow a country, no matter how powerful, to claim an
entire sea as its own nor should it allow coercion to be an acceptable dispute settlement
mechanism, Del Rosario told the 70th UN General Assembly last Oct. 2. Yes, we cant
cover the fact the in terms of these, China has the upper hand over Spratly. For them,
because we are only a small Filipino community and their civilian occupation is more
effective than our military when it comes to maintaining sovereignty. But actually, their
military and power could cause more trouble. There's this news I read about China
preparing a war over Spratly. This began when a Philippine warship stopped Chinese
fishing vessels trespassing in waters claimed by the Philippines. Since they know that
they are stronger, they could begin a war against us. How could they maintain the
Spratly's "sovereignty" when they cant maintain theirs to other country like our country?
There's also this news that there are arguments between China and America after those
rumors. And if necessarily China would begin a war to us, America would take our side.

Just last August 11, there's this news about China's Newspaper ad that
contained an ancient poem, which some view as a cryptic warning directed to the

Philippines. The title of the said article is "Wang Yi on the South China Sea issue at
ASEAN Regional Forum" China and defense analyst, Jose Custodio, that the images in
the advertisement is a warning against the us and all the other countries they have
alliances with in the past. However, China denied that its a threat but to express the
official position of the Chinese Government on the issue of the South China Sea. This
could be a threat or not, but our country should really be prepared anytime.

Just like the 9- dotted line, there are no proofs that Cloma really did discovered
Kalayaan Island. But this I can prove that we should really Spratly. One, ideally, the
Spratly Islands should go to the country that is most equipped and most qualified to
sustainably develop the islands' resources and protect their diverse marine ecosystem.
China is equipped. But are they qualified to protect marine biodiversity? So base from the
"17 reefs incident", they dont. Out of the five countries that were fighting over Spratly,
Philippines is the only country that has the most success and experience with maintaining
marine ecosystem. Our country has most 10% of the world's marine protected areas
(MPA's). Marine protected areas (MPA) are protected areas of seas, oceans or large lakes.
MPAs restrict human activity for a conservation purpose, typically to protect natural or
cultural resources. Since we have the 10% of the World's MPA, it's safe to say that we can
help Spratly's in its biodiversity thus removing the disrupt in Marine life.

Second, in terms of location, Philippines is only 200 nautical miles exclusive

economic zone - under international Laws of Sea - UNCLOS. An exclusive economic
zone (EEZ) is a sea zone prescribed by the United Nations Convention on the Law of the
Sea over which a state has special rights regarding the exploration and use of marine

resources, including energy production from water and wind. It stretches from the
baseline out to 200 nautical miles (nmi) from its coast. In colloquial usage, the term may
include the continental shelf. The term does not include either the territorial sea or the
continental shelf beyond the 200 nmi limit. The difference between the territorial sea and
the exclusive economic zone is that the first confers full sovereignty over the waters,
whereas the second is merely a "sovereign right" which refers to the coastal state's rights
below the surface of the sea. The surface waters, as can be seen in the map, are
international waters. Philippines claim is based mainly on Article 76 of the UNCLOS as
it provides the framework for establishing the rights granted in Article 77 to littoral states
affected by the controversy. Article 76 defines the means by which coastal States
establish the extent of their extended continental shelf. Speaking of the geography
of the Philippines from Spratly, we have the right to claim it.

There still some pending activities in order for Philippines to really own the Spratlys.
The Philippines must submit to the Secretary General of the United Nations the charts
and other relevant information, including geodetic data, permanently describing the outer
limits of its continental shelf. The Philippines is also required to provide to the
Commission on the Limits of the Continental Shelf (CLCS) all information on the limits
of the continental shelf beyond the 200 nautical miles from the baseline from which the
breadth of the territorial sea is measured and the CLS will make recommendations to the
coastal States on matters related to the establishment of the outer limits of the continental
shelf. Where a coastal State intends to establish the outer limits of its continental shelf
beyond 200 nautical miles from the baselines from which the breadth of the territorial sea
is measured, it shall submit particulars of such limits to the Commission on the Limits of

the Continental Shelf (CLCS) along with supporting scientific and technical data as soon
as possible.

With the the promising features and great potential of the Spratly Islands, there is
no doubt as to why there are a lot of countries who lay claim on it. Being a geographical
celebrity, the island indeed has a lot of issues with regards to overlapping laws and
conflicting claims. Nonetheless, the Spratly Islands still belongs to the Philippines since it
is supported by history and international laws.

Bibliography

Spratly Islands. (n.d.). Retrieved October 5, 2015, from

https://en.wikipedia.org/wiki/Spratly_Islands
Spratly Islands Dispute. (n.d.). Retrieved October 5, 2015, from
https://en.wikipedia.org/wiki/Spratly_Islands_dispute
Cheng, B. (2013, June 4). The Philippines and Spratly Islands: A Losing Battle (J.
Haw, Ed.). Retrieved October 11, 2015, from
http://blogs.scientificamerican.com/expeditions/the-philippines-and-spratlyislands-a-losing-battle/
The Real Owner Of Spratly. (n.d.). Retrieved October 6, 2015, from
http://azerworks.blogspot.com/2011/04/real-owner-of-spratly-island.html
Mangosing, F. (2015, July 29). Justice Carpio: China destroyed 17 reefs in Spratlys.
Retrieved October 6, 2015, from http://globalnation.inquirer.net/126703/justicecarpio-china-destroyed-17-reefs-in-spratlys

Brago, P. (2015, October 5). Philippines tells China: No country can claim an
entire sea. Retrieved October 7, 2015, from
http://www.philstar.com/headlines/2015/10/07/1508031/philippines-tells-china-nocountry-can-claim-entire-sea
Tiezzi, S. (2014, April 1). The Philippines' UNCLOS Claim and the PR Battle
Against China. Retrieved October 7, 2015, from
http://thediplomat.com/2014/04/the-philippines-unclos-claim-and-the-pr-battleagainst-china/
Llanos, C. (2015, June 20). The Philippine Claim Over the Spratly Group of
Islands. Retrieved October 6, 2015, from http://bsot1b.blogspot.com/2015/06/thephilippine-claim-over-spratly-group.html
Lagura, G. (n.d.). Philippines' ownership to Spratly Island. Retrieved October 6,
2015, from
http://www.academia.edu/1390813/Philippines_ownership_to_Spratly_Island