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Spratly Islands Disputes

The Spratly Islands dispute is a territorial dispute over the ownership of the Spratly Islands, a group of islands located in the South China Sea. States staking claims to various islands are: the People's Republic of China, the Republic of China (Taiwan), Malaysia, the Philippines, Vietnam, and Brunei. All except Brunei occupy some of the islands. The Spratly Islands are important for a number of reasons: the Spratly area holds significant reserves of oil and natural gas, it is a productive area for world fishing and commercial shipping, and coastal countries would get an extended continental shelf. But some countries, like the People's Republic of China, the Republic of China, and Vietnam make claims based on historical sovereignty over the islands.

Brunei
Brunei claims the part of the South China Seas nearest to it as part of its continental shelf and Exclusive Economic Zone (EEZ). In 1984, Brunei declared an EEZ encompassing the above-water islets it claims in Louisa Reef. Brunei does not practice military control in the area.

Basis of Brunei's claim


Brunei's claims to the reef are based on the Law of the Sea. It states that the southern part of the Spratly Chain is actually a part of its continental shelf and therefore a part of its territory and resources.

Malaysia
Malaysia has militarily occupied three islands that it considers to be within its continental shelf. Swallow Reef (Layang Layang) has been turned into an island through land reclamation and hosts a dive resort. The Malaysian military currently occupies Ardasier Reef (Terumbu Ubi), Mariveles Reef (Terumbu Mantanani) and Swallow Reef (Terumbu Layang or Pulau Layang Layang).

Basis of Malaysia's claim


One web site which styles itself as "a site devoted to the Nansha Islands in the South Sea of China has said, "Malaysian claim is presumably based on the conviction that the islands are situated on its continental shelf, well within its declared exclusive economic zone (EEZ), security and its proximity to the mainland.

Some countries believe that the right of sovereignty is based on who made their claim first and Malaysia's first claim was not made until 1979 (the recent of all countries)

People's Republic of China and Republic of China (Taiwan)


The People's Republic of China (PRC) claim all of the Spratly Islands as part of China and had a historical naval presence. Recently, they have had a profound military impact on the area. The Republic of China (ROC), which ruled mainland China before 1949 and has been confined to Taiwan since 1949, also claims all of the Spratly Islands. The ROC occupies Itu Aba, the largest island. From 1932 to 1935, the ROC continued to include the territory in its administrative area through the Map Compilation Committee. When France claimed nine islands of the territory in 1933, it immediately encountered a revolt from Chinese fishermen and a protest from the Republic of China government in Nanking. Although China continued to claim the islands, the Second Sino-Japanese war drew its attention for the meantime from 1937 onwards. After the second world war, China reclaimed sovereignty over the islands through post World War II arrangements based on various treaties of the Allied Powers and China built a stone marker on the island. In 1947, the ROC government renamed 159 islands in the area and published the Map of the South China Sea Islands (See left). The ROC was the first government to establish a physical presence in the Spratley Islands. It has occupied Itu Aba Island, the largest island in the Spratleys, constantly since 1956. In 1958, the People's Republic of China, having taken over mainland China and having left the Republic of China with control over Taiwan, Penghu, Kinmen, Matsu, and some outlying islands, issued a declaration of a 12 nautical mile limit territorial waters that encompassed the Spratly Islands. North Vietnam's prime minister, Ph m V n ng, sent a formal note to recognize these claims, and stated that the Government of the Democratic Republic of Vietnam (North Vietnam) respects the decision on the 12 nautical mile limit territorial waterssent a formal note to Zhou Enlai. South Vietnam (Republic of Vietnam) continued to assert sovereignty over the islands. Up to the end of the Vietnam War the army of the South Vietnamese still held military control over the majority of the Spratly islands. After the Vietnam War, the unified Vietnam continued to claim the Spratly islands as an integral part of Vietnam. Today, the People's Liberation Army and the Republic of China Armed Forces are both stationed in several islands, including the largest, Taiping Island.

Philippines
The Philippines base their claims of sovereignty over the Spratlys on the issues of Res nullius and geography. The Philippines contend their claim was Res nullius as there was no effective sovereignty

over the islands until the 1930s when France and then Japan acquired the islands. When Japan renounced their sovereignty over the islands according to the San Francisco Treaty, there was a relinquishment of the right to the islands without any special beneficiary. Therefore, argue the Philippines, the islands became Res nullius and available for annexation. This is an anachronistic claim however, because the Philippines did not register these claims until the 1970s. In 1956, a private Filipino citizen, Tomas Cloma, unilaterally declared a state on 53 features in the South China Sea, calling it "Freedomland". As the Republic of China moved to occupy the main island in response, Cloma sold his claim to the Philippine government, which annexed (de jure) the islands in 1978, calling them Kalayaan. The Philippine claim to Kalayaan on a geographical basis can be summarized using the assertion that Kalayaan is distinct from other island groups in the South China Sea, because of the size of the biggest island in the Kalayaan group. A second argument used by the Philippines regarding their geographical claim over the Spratlys is that all the islands claimed by the Philippines lie within its 200-mile Exclusive Economic Zone according to the 1982 United Nations Convention on the Law of the Sea. This argument still requires that the islands were res nullius, though. The Philippines also argue, under maritime law that the People's Republic of China can not extend its baseline claims to the Spratlys because the PRC is not an archipelagic state.

Vietnam
Vietnam's response to China's claim is that Chinese records on Qianli Changsha and Wanli Shitang are in fact records about non-Chinese territories. For example, Qianli Changsha and Wanli Shitang were referred to in the ancient Chinese texts Ling Wai Dai Da and Zhu Fan Zhi as being in the Sea of Jiaozhi, Jiaozhi being the old name for northern Vietnam (Giao Ch ), or as writings on foreign countries. Vietnam's view is that the Chinese records do not constitute the declaration and exercise of sovereignty and that China did not declare sovereignty over the Spratlys until after World War II. On the other hand, Vietnam claims the Spratlys based on international law on declaring and exercising sovereignty. Vietnamese geographical maps record Bi Ct Vng (Golden Sandbanks, referring to Spratly Islands) as Vietnamese territory as early as the 17th century. In Ph Pacification in the Border Area) by the scholar L Qu Bin T p L c (Miscellaneous Records of ng Sa (Dai i Nam Nh t Th ng Ton n, Hong Sa (Paracel Islands), and Tr

(Spratly Islands) were defined as belonging to Qu ng Ngi District. In Nam Unified Map), an atlas of Vietnam completed in 1838, Tr

ng Sa was shown as Vietnamese

territory. Vietnam had conducted many geographical and resource surveys of the islands. The results of these surveys have been recorded in Vietnamese literature and history published since the 17th century. After the French left, the Vietnamese government exercised sovereignty over the islands. Vietnam currently occupies 31 islands. They are organized as a district of Khanh Hoa Province. At the 12th National Assembly Election held early in Tr district, with a townlet (th tr n Tr ng Sa, the people and soldiers also voted for their local ng Sa is organized like a normal inland district government for the first time. For the first time, Tr people were elected to the communes' people's councils.

ng Sa) and two communes (x Sinh T n, x Song T Ty). Forty nine

Statement of the Department of Foreign Affairs On Developments in the West Philippine Sea (South China Sea)
The Department of Foreign Affairs (DFA) conveyed to the Chinese Embassy's Charge d'affaires its serious concerns over recent actions of the People's Republic of China in the West Philippine Sea (South China Sea) on May 31. Citing reports from the Department of National Defense and the Armed Forces of the Philippines, the DFA requested clarification from the Chinese Embassy on the recent sightings of a China Marine Surveillance (CMS) vessel and other People's Liberation Army Navy (PLAN) ships at the vicinity of Iroquois Reef-Amy Douglas Bank in the West Philippine Sea. These ships reportedly unloaded building materials, erected an undetermined number of posts, and placed a buoy near the breaker of the Amy Douglas Bank. The Amy Douglas Bank is located southwest of Recto (Reed) Bank and east of Patag (Flat) Island and is well within the Philippines' 200 nautical miles Exclusive Economic Zone (EEZ). There are currently no structures on the said bank and the latter is unoccupied. The posts and buoy placed by the Chinese at the vicinity of the Amy Douglas Bank are about 26 nautical mile east of Patag Island and 125 nautical mile from mainland Palawan. Foreign Affairs Secretary Albert F. del Rosario said that "any new construction by China in the vicinity of the uninhabited Amy Douglas Bank is a clear violation of the 2002 ASEAN-China Declaration on the Conduct of Parties (DOC) in the South China Sea." The May 31 summons followed a meeting held last May 27, where the DFA also conveyed its concern to the Chinese Embassy over reports in Chinese state media about China's planned installation of its most advanced oil rig in the South China Sea this coming July. During this meeting, the DFA asked the Chinese Embassy for the exact planned location of the mega oil rig and pointed that it should not be placed in Philippine territory or its waters. In both meetings, the Philippines and China reiterated their respective commitment to the maintenance of peace and stability in the area, and to work together to maintain good bilateral relations. The Philippines recognizes that critical to the peace and stability of the West Philippine Sea is the full and faithful implementation of the ASEAN-China DOC on the South China Sea. The Philippines also believes

that it is in the best interest of all claimant countries and the region to transform the area into a Zone of Peace, Freedom, Friendship and Cooperation (ZOPFF/C) through sustained consultations and dialogue. ZOPFF/C provides a framework for segregating the disputed territorial features which may be considered for collaborative activities from the non-disputed waters in the West Philippine Sea in accordance with international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS). The Philippines is also committed to cooperating closely and actively with ASEAN and China in finding peaceful solutions to attain this goal.

Department of Foreign Affairs

MANILA, Philippines The Department of Foreign Affairs has summoned Chinas charge daffaires in Manila over the reported incursions of Chinese warships beyond the disputed Spratly Islands and well into Philippine territory. In a statement, the DFA said BaoTian, the top Chinese diplomat in the country, was summoned to its offices on May 31 to convey the governments serious concerns over recent actions of the Peoples Republic of China in the West Philippine Sea (South China Sea). Citing reports from the Department of National Defense and the Armed Forces of the Philippines, the DFA said Chinese ships were seen toward the end of May near the Iroquois Reef-Amy Douglas Bank, which is located southwest of Recto (Reed) Bank and east of Patag (Flat) Island, well within the Philippines 200nautical mile Exclusive Economic Zone (EEZ). A China Marine Surveillance (CMS) vessel and other Peoples Liberation Army Navy (PLAN) ships reportedly unloaded building materials, erected an undetermined number of posts, and placed a buoy near the breaker of the Amy Douglas Bank, the DFA said. While the bank itself is still unoccupied and without any structures, Foreign Affairs Secretary Albert F. del Rosario said that any new construction by China in the vicinity of the uninhabited Iroquois Bank is a clear violation of the 2002 ASEAN-China Declaration on the Conduct of Parties (DOC) in the South China Sea. "The posts and buoy placed by the Chinese at the vicinity of Iroquois Bank are about 26 nautical miles east of Patag Island and 125 nautical miles from mainland Palawan, the DFA pointed out. According to the DOC, parties (shall) undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner. Earlier, on May 27, the DFA also conveyed its concern to the Chinese embassy over reports in Chinese state media about Chinas planned installation of its most advanced oil rig in the South China Sea in July. During this meeting, the DFA asked the Chinese embassy for the exact location of the planned mega oil rig and reminded that it not be placed within Philippine territory or waters. Wednesday's summoning of China's charge d'affaires by the DFA points to a greater concern at the top levels of government. Keeping to the rigid diplomatic protocol and language, however, the DFA said: The Philippines is also committed to cooperating closely and actively with ASEAN and China in finding peaceful solutions to attain this goal.

Map of Spratley Islands

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