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Background Information

Consists of more than 750 reefs, islets,


atolls, cays and islands, over 600 coral
reefs
Total < 4km of land
Spread over 425000 sq km of sea
Important in establishing international
boundaries
Rich fishing areas
Rich in natural resources such as oil and gas

HISTORY
600BC to 3 BC - Chinese maps recorded the Spratly islands, and considered it within their
national boundaries.
1834 - Vietnam included the Spratly Islands within their maps.
China and Vietnam laid claim to the Spratly Islands simultaneously, but neither side knew that
each other had charted and claimed the Spratly Islands
In 1968, the Philippines started to take their claims a bit more seriously and stationed troops on
three islands.
In 1973 Vietnamese troops were stationed on five islands.

5 COUNTRIES INVOLVED IN THE CONFLICT

CHINA

Basis of China's claim to all islands in the Spratly archipelago stems from its historical presence
in the region, dating as far back as the Han dynasty of the 2nd century, BC.
According to Marcus Hall's evaluation, China's historical claim is dubious and neglects similar
historical claims by Taiwan, Vietnam and Malaysia. Moreover, China's historical interpretation of
its sovereignty rights ignores current international law.

PHILIPPINES

The Philippines claim approximately 60 of islands in the Spratly region.

Joint exploration with Royal Dutch/Shell Group and Alcorn International near the Palawan Island
will raise the Philippines annual oil production from the 3,000 b/d produced in 1991 from 7 wells
in the South China Sea.

LATEST UPDATE IN THE DISPUTED AREA

Under the United Nations Convention on the Law of the Sea (UNCLOS) a coastal state needs to
have land before they can claim rights to the sea. The international treaty has been signed and
ratified by both the Philippines and China.

You need to have land before you can have rights to the sea. Its as simple as that.You cannot
just have rights to the sea without owning land, former Solicitor General Francis Jardeleza said
in a forum at the University of the Philippines (UP) Law Center in 2014, citing the basic principle
of UNCLOS.
VIETNAM

Vietnam claims part of the islands in the Spratly region.


Vietnam's only oil well in production as of 1991 is the White Tiger field, 400 km west of the
Crestone block.
In 1992, however, Vietnam hastened leasing to foreign exploration.

TAIWAN
Like China, Taiwan claims all of the islands in the Spratly region.
The Spratly Islands are strategically important to Taiwan for two reasons:
1) Important shipping lanes pass through waters surrounding the Spratly Islands
2) The South China Sea which has an abundant supply of fish. Thus, Taiwan feels
compelled to protect its interests.
MALAYSIA
Malaysia is the earliest oil operator in the sea and claims 3 islands and 4 rock groups in the
Spratly region.
As of 1992, Malaysia was running 90 oil- producing wells, with $210 million planned for further
development between 1992 and 1995.

BRUNEI
Brunei claims the Louisa Reef in the Spratly region, located adjacent to its coastline.
Brunei became an active player in the Spratly disputes only during the recent years. Production
of its 9 oil fields in the South China Sea hovers around 143,000 b/d.

OTHER COUNTRIES THAT HAD PLAYED A PART IN THE CONFLICTS INDIRECTLY (SIDE-PLAYERS)

USA
The United States could become involved on two fronts -- commercial and military.
U.S. businesses participating in off-shore exploration in the disputed islands have a commercial
stake in how inter-state tension and disputed claims are resolved.
On the military side, the United States has a mutual defense pact with the Philippines, yet
analysts indicate the Spratly disputes are unlikely to invoke the pact.
The United States would, however, likely take action if maritime activity was restricted in a
manner inconsistent with international law.

JAPAN
Japan ,like the United States, has a vested interest in the resolution of the Spratly disputes.
The disputed region is located near Japan's principal oil imports' shipping lanes.
Moreover, Japanese companies are involved in some of the exploration endeavors in the
disputed territory.

ASEAN
ASEAN members are concerned that the U.S. withdrawal of military troops from the region and
the Soviet Union's disintegration will leave the region without a counterbalance to China.
Although many western analysts view China's military capabilities as obsolete, China's military
power in the ASEAN region is still superior, both quantitatively and qualitatively.

SPRATLY ISLAND TIMELINE OF EVENTS

April 13, 2011: The Philippines has protested to the United Nations over Chinas claims to
disputed areas in the South China Sea, saying Beijings stance has no basis under international
law;
May 10, 2011: Jiang Yu, Chinas spokesperson claimed, China has indisputable sovereignty over
the Nansha Islands and their adjacent waters. He added, Any one-sided action taken by any
country on the Nansha Islands is illegal and invalid.
June 4, 2011: The Philippines criticized Chinese navel boats activities of unloading materials
near Amy Douglas Bank, which was inside Philippines exclusive economic zone;
June 8, 2011: The Filipino protested in front of Chinese embassy in Makati City;
June 10, 2011: China criticized the Philippines of irresponsible claims on SEA sea.
June 20, 2012 "Combat ready" Chinese naval and aerial patrols have been deployed to the
disputed Spratly Islands in the West Philippine Sea to protect Beijing's interests;
Vietnam has launched regular air patrols over the Spratly Islands;four aircrafts, including two
Russian-made Sukhoi Su-27 fighter jets, were deployed to the area
Meanwhile, has deployed reconnaissance aircraft to Scarborough shoal just off Zambales that
China is also claiming;
March 30, 2014- Philippines filed a 4,000 page Memorandum to support its position against
Chinas maritime claim. The document includes 40 maps as evidence;
July 12, 2016- International panel of judges at the Permanent Court of Arbitration in the Hague
unanimously ruled in favor of the Philippines;
The judges ruled there was no legal basis for China to claim historic rights to resource within the
sea areas falling within the nine- dash line

Key points of arbitral tribunals verdict on PH-China dispute

I. Historic Rights and the Nine-Dash Line


China had historic rights to resources in the waters of the South China Sea, such rights were
extinguished to the extent they were incompatible with the exclusive economic zones provided
for in the Convention;

II. Status of Features


none of the features claimed by China was capable of generating an exclusive economic zone
certain sea areas are within the exclusive economic zone of the Philippines, because those
areas are not overlapped by any possible entitlement of China

III. Lawfulness of Chinese Actions


certain areas are within the exclusive economic zone of the Philippines, the Tribunal found that
China had violated the Philippines sovereign rights in its exclusive economic zone by (a)
interfering with Philippine fishing and petroleum exploration, (b) constructing artificial islands
and (c) failing to prevent Chinese fishermen from fishing in the zone;
fishermen from the Philippines (like those from China) had traditional fishing rights at
Scarborough Shoal and that China had interfered with these rights in restricting access;
Chinese law enforcement vessels had unlawfully created a serious risk of collision when they
physically obstructed Philippine vessels.

IV. Harm to Marine Environment


China had caused severe harm to the coral reef environment and violated its obligation to
preserve and protect fragile ecosystems and the habitat of depleted, threatened, or endangered
species;
Chinese authorities were aware that Chinese fishermen have harvested endangered sea turtles,
coral, and giant clams on a substantial scale in the South China Sea (using methods that inflict
severe damage on the coral reef environment) and had not fulfilled their obligations to stop
such activities

V. Aggravation of Dispute
Tribunal found that it lacked jurisdiction to consider the implications of a stand-off between
Philippine marines and Chinese naval and law enforcement vessels at Second Thomas Shoal,
holding that this dispute involved military activities and was therefore excluded from
compulsory settlement.

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