scarboroughshoal stand off in relation to international law

8/10/2019 Scarboroughshoal Stand Off in Relation to International Law

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SCARBOROUGHSHOAL STAND OFF IN RELATION TO INTERNATIONAL LAW

FACTS:

The Scarborough Shoal is claimed by both the People's Republic of China and the

Philippines. The Republic of China (Taiwan), also claims the shoal as part of its territory.

On April 8, 2012, a Philippine Navy surveillance plane spotted eight Chinese fishing

vessels docked at the waters of Scarborough shoal. BRP Gregorio del Pilar was sent on

the same day by the Philippine Navy to survey the vicinity of the shoal, and confirmed

the presence of the fishing vessels and their ongoing activities. On April 10, 2012, BRP

Gregorio del Pilar came to inspect the catch of the fishing vessels. The Filipino

inspection team claimed that they discovered illegally collected corals, giant clams and

live sharks inside the first vessel boarded by the team. BRP Gregorio del Pilar reported

that they attempted to arrest the Chinese fishermen but were blocked by Chinese

maritime surveillance ships, China Marine Surveillance 75 (Zhongguo Haijian 75) and

China Marine Surveillance 84 (Zhongguo Haijian 84). Since then, tensions have

continued between the two countries. By July 2012, China had erected a barrier to the

entrance of the shoal and vessels belonging to the China Marine Surveillance and

Fisheries Law Enforcement Command were observed in the nearby disputed shoal.

Since then, the Chinese government vessels have been turning away Filipino vessels

sailing to the area. In response, the Philippines has stated that it would be preparing to

resend vessels to the shoal, in what has been described as a "cold standoff".

ANALYSIS:

The basis of claims of both disputing sovereign states were introduced and exposed for

a helpful, honest review. Now, I will try reiterating the bases of both states in claiming

the Scarborough Shoal in South China Sea. The basis of claims of both disputing

sovereign states were introduced and exposed for a helpful, honest review. Now, I will

try reiterating the bases of both states in claiming the Scarborough Shoal in South

China Sea. , the Philippine sovereignty and jurisdiction over the Scarborough Shoal is

premised on certain principles of public international law. The Philippines cited the


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America in 1946. China has issued and asserted a declaration claiming over Zongsha

islands (where Scarborough Shoal is a part) as early as 1935 and in 1947 (Scarborough

Shoal was given a name to Minzhu Jiao.). Ergo, the Philippines cannot suffice its claim

based on the principle of terra nullius. It can also be deduced that the Philippines failed

to consider historical basis and pertinent historical documents on territorial claim when

drawing out territorial border. Hence, future conflicts like this can be prevented.

Furthermore, the 1978 map published by the Philippine National Mapping and Resource

Information Authority did not include Scarborough Shoal as part of Philippine territorial

sea. Moreover, the Philippines has already expressed its claim over the islands in South

China Sea and that was limited only to the Kalayaan islands based on Presidential

Decree No. 1596. Ergo, the Philippine's claim over Scarborough Shoal is virtually

inconsistent unless otherwise P.D. No. 1596 was superseded.

scarboroughshoal stand off in relation to international law

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