Scarborough shoal: Determining the legality of territorial claims

• Main Authors: Ong, Carlwin Thomson, Lima, Miguel Alfonso
• Format: text
• Language: English
• Published: Animo Repository 2012
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17814
• Institution: De La Salle University

Over the course of history, territorial disputes have always been present. As each state tries to develop, acquisition of more resources becomes a priority. Human nature dictates that more is better, which propelled the idea of colonization as a solution to the ever growing demands of society. A big part of Philippine history is the 333-year colonization of Spain from 1565-1898. Influences from the Spanish era still remain strong up to this day. Towards the end of Spanish occupation, the archipelago was sold to the United States for $ 20,000, 000 through the Treaty of Paris. It preceded both the Treaty of Washington and the Treaty, which was concluded between the United States and Great Britain. These three treaties provided the delimitation of Philippine maritime and territorial boundaries that remained uncontested by other states until the discovery of vast potential for oil, minerals, and aquatic resources in the West Philippine Sea (South China Sea). Scarborough Shoal, located only 124 nautical miles off Subic Bay of the Philippines, is the current cause of the stand-off between China and the Philippines. It is worth noting, however, that there are several other disputed territories in the West Philippine Sea which include the South Sea Islands: Macclesfield islands, Spratly Islands, Paracel Island, and Pratas Islands. In all these disputes, China is the constant party. The main legal framework used that governs maritime disputes is the United Nations Convention on the Law of the Sea (UNCLOS). It sets forth the rights and obligations of states by setting guidelines with regards to the proper use of the world's oceans and the delimitations thereof. Both China and the Philippines have signed and ratified the UNCLOS, and are therefore bound by its provisions. The complexity of the UNCLOS, however, makes dispute settlements between states challenging since it will ultimately lie on who has the better claim. Simultaneously, other sources of international law are also being used to claim ownership over the Scarborough Shoal. This creates the need for a comprehensive understanding of the situation. By comparing both the claims that are being presented, the question is whether or not the Philippines has a better claim over Scarborough shoal in accordance to Public international law and the UNCLOS will be answered. It will go a step further by explaining the alternative dispute settlements mechanisms available in order to remedy the disagreement that has put much strain on both economic and diplomatic relationships with China. Does the Philippines have the better right?