The Philippines don't need to get the spartly islands because it is already in the Philippines as it is in the Philippine waters

The Philippines is the legal owner of the islands in the Spratlys as it is within 200 Nautical Mile Exclusive Economic Zone said United Nations Convention on the Law of the Sea (UNCLOS)

Yes Absolutely!

Because the Spratly Islands is within the Philippine waters and The Philippines is the legal owner of the islands in the Spratlys as it is within 200 Nautical Mile Exclusive Economic Zone said United Nations Convention on the Law of the Sea (UNCLOS)

So other countries who are claiming the spratlys are just wasting money and time because the law of the UNITED Nations will prevail.

ANS 2 -Yes, we've all seen how the UN always prevails. -LOL

Under International Law, no country currently owns the North Pole or the region of the Arctic Ocean surrounding it.

The five surrounding Arctic states, Russia, the United States (via Alaska), Canada, Norway and Denmark (via Greenland), are limited to an exclusive economic zone (EEZ) of 200 nautical miles (370 km, 230 mi) adjacent to their coasts.

But, thanks to the United Nations fudging the UNCLOS agreement, watch all that go out of the window very soon.

Spratlys Location:

Coordinates: 8°38′N 111°55′E

It is located in the West Philippine Sea and South China Sea.

the Spratlys as it is within 200 Nautical Mile Exclusive Economic Zone of the Philippines near Palawan Province said United Nations Convention on the Law of the Sea (UNCLOS

It is not the issue on the distance. The issue here is the Philippines is bullied by the giants. The spratly is within the Philippine Waters. Since the Giants is planning to invade the Philippines, then they start invading the Spratlys of the Philippines.

Well, if you really want to know;

1. China is 1000 miles away from Spratly of the Philippines
2. Taiwan is 800 Miles away
3. Philippines is 163 miles away and withing 200 Nautical Miles Economic zone accoring to UNCLOS
4. Vietnam more than 200 Miles
5. Malaysia- Is just within their 200 Miles but overlapping as they enter to the Philippine Waters
6. Brunei - Expected to have 200 NMEEZ a favor from UNCLOS
7. Indonesia - Expected to have 200 NMEEZ a favor from UNCLOS

Spratlys Location:

Coordinates: 8°38′N 111°55′E

It is located in the West Philippine Sea and South China Sea.

the Spratlys as it is within 200 Nautical Mile Exclusive Economic Zone of the Philippines near Palawan Province said United Nations Convention on the Law of the Sea (UNCLOS

The Following countries must obey the UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) - 200 Nautical Mile Exclusive Economic Zone

• 1. The Philippines - Is overlapping and must have to give-up their claim in some part of the Paracel because Paracel is within 200 Nautical Mile Excluzive Economic Zone of China

• 2. China including Taiwan are also overlapping and mostly invade the Philippine waters and must abandon their illegal occupancy in the Spratlys which is within 200 Nautical Mile Exclusive Economic Zone of the Philippines

• 3. Vietnam must move-out from the Philippine Waters and follow the UNLCOS. Vietnam is overlapping by extending their claim up to the Philippines waters.

• 4. Malaysia is also overlapping as they extended their claim to the Philippine Waters under UNCLOS

• 5. Brunei - must strengthen their position and focus within 200 Nautical Mile exclusive economic zone

• 6. Indonesia - Be a peace keeper for the countries who are invading most part of the Philippine waters

A Reaction paper of Scarborough Shoal

Had China and the Philippines based their on-going dispute on security and threat, economic dimension, political and strategic military advancement, and territorial expansion over peace and security, commitment to mutual treaties and international laws, and plain RESPECT, then, a countdown to another Falklands War must be ticking!

Territorial dispute has been an old trick of imperialism since time of greed unknown to man. History of the worlds never told a lie. War of aggression always has a price, and the price of waging war is expensive, too expensive for the Philippines to buy for it. On the verge of the on-going territorial conflict, where China and the Philippines are staunch in claiming the "piece of rock".

There may be only three issues underlying the standoff: firstly, the China's interest, secondly, the America's interest, and thirdly, the Philippines' sovereignty.

Why in all disputes either on territory, arm or military, or even on racism America has its unique or strategic presence? History provokes that it is because of America's interest-to remain the sole superpower over terrestrial, fluvial, and aerial domains on earth, where she can exercise control to the fullest. America's interventions in Gulf War, in Arab worlds, in Europe and in Latin countries, and of course in the Philippines (the only either a satrapy of America or a puppet for the imperialist in Asia's empire) are "least" humble indications of America's character as imperialist. However, this America's humble character has brought either good or bad, but evidently advantageous to her interest. If this is so, then still America is the benefactor of China-Philippines territorial dispute backwash.

According to china, Scarborough Shoal (as called Huangyan Island in China), a triangular-shaped atoll with a circumference of 46km, has been regarded as part of the Zhongsha Islands in China since 1935. China has been constantly emphasizing, asserting this fact when Scarborough Shoal became subject of dispute among the claiming parties. Hence, China claimed Scarborough Shoal and most islands in South China Sea based on historical ownership.

While Philippines says that the Scarborough Shoal (as called Bajo de Masinloc in the Philippines) is located 124 nautical miles west of Zambales and the government of the Philippines claimed it as a part of the Municipality of Masinloc, Zambales province. Furthermore, the Philippines claimed Scarborough Shoal based on Philippine sovereignty under Public International Law and on Philippine sovereign rights under United Nations Convention on the Law of the Sea or UNCLOS.

The Pillars of Claim, History recalls that Scarborough Shoal was named after the capsized tea-trade ship, Scarborough. Dispute between China and the Philippines over it has first started on April 30, 1997 when the Filipino naval ships prevented the Chinese boats from approaching the shoal. This historic event prompted China to express their strong protest against this Philippines' attempt. Meanwhile, the latest scuffle between the same sovereign states on the same subject of dispute erupted on April 10, 2012. China has been adamant in claiming over Scarborough Shoal even as early as 1935, in fact, China listed the Scarborough Shoal as part of the Zhongsha Islands. China, again, protested against the Philippines when the latter has claimed sovereignty over some of the islands in South China Sea in 1956 for geographical basis. Ergo, Philippines have made their claims over islands in South China Sea based on territorial proximity around Philippine archipelago.

Considering China being bullied by the Philippine government based on the latter 1956 claim, it could be possible that this has triggered China to promulgate its 1958 Declaration on the Territorial Sea that recognized the breadth of the territorial sea of China. This declaration covered the Zongsha islands, where Scarborough Shoal was a part of these islands. Moreover, the 1992 Law on the Territorial Sea and the Contiguous Zone reaffirmed the sovereignty of China over the Zongsha Islands.

On the other hand, the Philippines is confident in claiming over Scarborough Shoal primarily based on UNCLOS provisions and on the Philippine Constitution.

UNCLOS codifies a comprehensive governance of law and order in oceans and seas in the entire globe. Its salient tasks enforce coastal and archipelagic states to exercise sovereignty over their territorial sea, establish an exclusive economic zones or EEZs, subject parties to the International Tribunal for the Law of the Sea in cases of disputes, and among others. The Philippines signed the UNCLOS on December 10, 1982 and ratified it on May 8, 1984 with reservations. China, on the other hand, ratified the UNCLOS on June 7, 1996 also with reservations obviously pertaining to territorial sovereignty and made clear its opposition to Section 2 of Part XV of the UNCLOS with respect to all categories of disputes.

THE HISTORY AND THE UNCLOS ARE THE BASES OF THE CLAIMS OF EACH COUNTRY

The Sultanate State of Sulu is the legal owner of the Spratlys Archipelago but since the Sultan Kiram turnover his territorial and proprietary rights of the State to the Republic of the Philippines including the Palawan and the Spratlys in 1960's, then legally it belongs to the Philippines. (see spratlys.i.ph)

Archipelagic Bases

Under the UN International Laws of Sea, despite the opposition of maritime powers, the Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states.

The Spratlys is within Philippines proximity and connected in the Philippines' archipelago with just few kilometres from the province of Palawan of the Philippines, this boost the claim of the Philippines. Other claimants are not archipelagic states and they are far from beyond the limit of the UNCLOS of 200 nautical Miles Exclusive Economic Zone. The Philippines as an archipelagic country & within proximity, it counts merit in administering the Spratlys.

UN Convention - International Law of Sea (UNCLOS) bases

China argued that there is no word proximity mentioned in the UNCLOS so they insisted that they could claim the Spratlys. Though there is no "proximity" mentioned, the UNCLOS clearly explain the 200 Nautical Miles Exclusive Economic Zone (EEZ) which is more clear explanation than proximity. Proximity is just to say near but the measurement of 200 Nautical Miles from the base line of the Philippines is not just synonym to proximity but a clear measurement of distance.

Under the UNCLOS, it guarantees 200 Nautical Miles Exclusive economic Zone which most part of the Spratlys is just within 200 Nautical Miles Exclusive Economic Zone of the Philippines. This is the strongest bases of the Philippines to say "We owned the West Philippines Sea". Even China is a signatory in these and they even agree with this together with the United Nations.

The History as bases of claim

Back to Majapahit and Sri Vijaya Empire in year 7000 or 7th century (The ancient kingdom in Indonesia and Malay Archipelago) the territory is extended from the North Borneo, Palawan, and the Spratlys of the Philippines' territory.

The Sultanate State of Sulu was established during that regime which area includes Part of Mindanao (Cotabato, Lanao, Zamboanga Peninsula), Basilan, Sulu Sea, and Sulu.

During the 14 century or year 1400 the King /Sultan of Brunei give as gift to his cousin Sultan of Sultanate of Sulu the "North Borneo, Palawan and the Spratlys" for helping him to win a battle. The China recognized the Sultanate State of Sulu that includes the North Borneo, Palawan and the Spratlys archipelago.

When the Spain invaded the Philippines in year 1621, the sultanate state of Sulu remains un-conquered but portion of the territory was controlled by Spain including the whole Island of Mindanao, and Palawan.

When the Britain gives independence to Malaysia, North Borneo is under a lease agreement which is until now is recognized by Malaysia was illegally included reason why the Sultan of Sulu calling the Malaysian Governmet to stop controlling his land "North Borneo" (Sabah) which is also link to Spratlys.

The Sultan of Sulu turnover his territorial and proprietary rights of the State to the Republic of the Philippines including the Palawan and the Spratlys in 1960's.

The History, the UNCLOS law of Sea, the archipelagic states theory says "The Spratlys is belonged to the Philippines.

The Spratlys archipelago

At the moment they are administered by the Philippines, but some are claimed by Brunei, Taiwan, China, Vietnam, Malaysia and Indonesia.

They comprise less than five square kilometers of land area, spread over more than 400,000 square kilometers of sea. The Spratlys, as they are called, are part of the three archipelagos of the South China Sea, comprising more than 30,000 islands and reefs and which so complicates geography, governance and economics in that region of Southeast Asia. Such small and remote islands have little economic value in themselves, but are important in establishing international boundaries. There are no native islanders but there are rich fishing grounds and initial surveys indicate the islands may contain significant oil and gas.

About 45 islands are occupied by relatively small numbers of military forces from the People's Republic of China, the Republic of China (Taiwan), Malaysia, the Philippines, and Vietnam. Brunei has claimed an *EEZ* in the southeastern part of the Spratlys.

*Exclusive Economic Zone, under the law of the sea, an EEZ is a sea zone over which a state has special rights over the exploration and use of marine resources.

The Disputed Spratlys is within the Philippine Waters. The Philippines is the legal owner of the islands in the Spratlys as it is within 200 Nautical Mile Exclusive Economic Zone said United Nations Convention on the Law of the Sea (UNCLOS)

THE PHILIPPINES AND THE ARCHIPELAGIC DOCTRINE

Archipelago is defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea. (De Leon, 1991) (see spratlys.i.ph)

In various conferences of the United Nations on the Law of the Sea, the Philippines and other archipelago states proposed that an archipelagic state composed of groups of islands forming a state is a single unit, with the islands and the waters within the baselines as internal waters. By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty.

Despite the opposition of maritime powers, the Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. It legalizes the unity of land, water and people into a single entity

The Philippines bolstered the archipelagic principle in defining its territory when it included in Article 1 of the 1987 Constitution the following:

"The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein xxx"; and

"The waters around, between and connecting the islands of the archipelago, regardless of their dimensions, form part of the internal waters of the Philippines."

On the strength of these assertions, the Philippines Archipelago is considered as one integrated unit instead of being divided into more than seven thousand islands. The outermost of our archipelago are connected with straight baselines and all waters inside the baselines are considered as internal waters. This makes the large bodies of waters connecting the islands of the archipelago like Mindanao Sea, Sulo Sea and the Sibuyan Sea part of the Philippines as its internal waters, similar to the rivers and lakes found within the islands themselves.

The archipelagic principle however is subject to the following limitations:

a) respect for the right of the ship and other states to pass through the territorial as well as archipelagic waters

b) respect to right of innocent passage

c) respect for passage through archipelagic sea lanes subject to the promulgation by local authorities of pertinent rules and regulations.

The Philippines & the Spratly Islands History- Srivijaya Empire in 1400 (The Sultanate State of Sulu) (see spratlys.i.ph)

Back to Majapahit and Sri Vijaya Empire in year 7000 or 7th century (The ancient kingdom in Indonesia and Malay Archipelago) the territory is extended from the North Borneo, Palawan, and the Spratlys of the Philippines' territory.

The Sultanate State of Sulu was established during that regime which area includes Part of Mindanao (Cotabato, Lanao, Zamboanga Peninsula), Basilan, Sulu Sea, and Sulu.

During the 14 century or year 1400 the King /Sultan of Brunei give as gift to his cousin Sultan of Sultanate of Sulu the "North Borneo, Palawan and the Spratlys" for helping him to win a battle. The China recognized the Sultanate State of Sulu that includes the North Borneo, Palawan and the Spratlys archipelago.

When the Spain invaded the Philippines in year 1621, the sultanate state of Sulu remains un-conquered but portion of the territory was controlled by Spain including the whole Island of Mindanao, and Palawan.

When the Britain gives independence to Malaysia, North Borneo is under a lease agreement which is until now is recognized by Malaysia was illegally included reason why the Sultan of Sulu calling the Malaysian Government to stop controlling his land "North Borneo" (Sabah) which is also link to Spratlys.

The Sultan of Sulu turnover his territorial and proprietary rights of the State to the Republic of the Philippines including the Palawan and the Spratlys in 1960's.

Spratlys Islands or Kalayaan Island Group is just within the Philippines' proximity and 200 Nautical Miles Exclusive Economic Zone - under the International Laws Sea - UNCLOS. The Philippines as the closest and archipelagic country of the Spratly island with another Five Asian countries claim the Spratly Islands including - China, Taiwan, Vietnam, Malaysia and Brunei. Disputes among these six parties have led to various minor military skirmishes, the detention of fisherfolk and diplomatic rows in the past three decades.

Control of the Spratlys is important since the region is supposed to contain large deposits of oil, gas, hydrocarbon and mineral resources. The islands are also strategically located in the sea lanes for commerce and transport in the South China Sea which is very close to the Palawan Province of the Philippines with a distant less than 200 nautical miles; a bases that Philippines has a legal ground that those islands are part of the Philippines.

The Spratlys consist of about 26 islands and islets and 7 groups of rocks in the South China Sea found approximately between the latitude of 4 degrees to 11 degrees 30'N. and longitude 109 degrees 30'E. They have a maritime area of 160,000 square kilometers and an insular area of about 170 hectares.

The Spratlys are popular among fishermen. However, they are considered dangerous for commercial navigation. Maps from the early part of the last century have advised seamen to avoid passing through them.

Japan explored the Spratlys for military reasons during World War II. The British Admiralty and U.S. Navy have also ordered some top secret missions there. But the U.S. Navy never released the new charts of the Spratlys to civilian authorities. Writer Francois-Xavier Bonnet wonders about the role of the Spratlys during the Vietnam War.

In 1933 a Philippine senator protested the French annexation of the Spratlys. A parliamentary committee studied the issue but the U.S. government, which controlled the Philippines at that time, did not take an interest in the matter.

In 1946 Vice President Elpidio Quirino claimed the Spratlys on behalf of the Philippine government. A year later, the Philippine Secretary of Foreign Affairs declared that the "New Southern Islands" previously occupied by Japan during World War II were part of Philippine territory.

In 1955 the Philippine military reported that the Spratly island group was of "vital proximity" to the country. The following year, Filipino navigator and businessman Tomas Cloma issued a "proclamation to the whole world" claiming ownership and occupation of the Spratlys. Cloma sent six letters to the government about the need to settle the question of ownership of the islands.

The vice president of the Philippines replied in 1957, assuring Cloma that the government "does not regard with indifference the economic exploitation and settlement of these uninhabited and unoccupied islands by Philippine nationals."

According to Filipino law professor Haydee Yorac, the Cloma Proclamation was the first assertion of title to the Spratlys after Japan renounced its ownership of the islands in 1951 and 1952.

In 1978 President Ferdinand Marcos issued a proclamation declaring ownership of most of the islands in the Spratlys. The area was renamed the Kalayaan (Freedom) Island Group. The proclamation laid the following basis for the Philippine claim: "By virtue of their proximity and as part of the continental margin of the Philippine archipelago"; that "they do not legally belong to any state or nation, but by reason of history; indispensable need, and effective occupation and control established in accordance with international law"; and while other states have laid claims to some of these areas, their claims have lapsed by abandonment and cannot prevail over that of the Philippines on legal, historical, and equitable ground."

In 1995 President Fidel Ramos articulated the Philippine position regarding the Spratlys issue. He said "I would like to clarify that the Philippines does not only claim eight islands in the south China Sea but owns all islands and waters in the Spratlys as defined in the presidential decree issued by former President Marcos."

Militarization of the Spratlys started in the 1970s. The Philippines sent a military contingent to occupy some of the islands in 1971. After four years, the Philippines had already established a military presence in six islands. Today, the Philippines occupies eight islands in the area.

YES. The Spratlys is within the Philippine Waters. Which Means it is belong to the Philippines

The Disputed Spratlys is within the Philippine Waters. The Philippines is the legal owner of the islands in the Spratlys as it is within 200 Nautical Mile Exclusive Economic Zone said United Nations Convention on the Law of the Sea (UNCLOS)

THE PHILIPPINES AND THE ARCHIPELAGIC DOCTRINE

Archipelago is defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea. (De Leon, 1991)

In various conferences of the United Nations on the Law of the Sea, the Philippines and other archipelago states proposed that an archipelagic state composed of groups of islands forming a state is a single unit, with the islands and the waters within the baselines as internal waters.By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty.

Despite the opposition of maritime powers, the Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. It legalizes the unity of land, water and people into a single entity

The Philippines bolstered the archipelagic principle in defining its territory when it included in Article 1 of the 1987 Constitution the following:

"The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein xxx"; and

"The waters around, between and connecting the islands of the archipelago, regardless of their dimensions, form part of the internal waters of the Philippines."

On the strength of these assertions, the Philippines Archipelago is considered as one integrated unit instead of being divided into more than seven thousand islands. The outermost of our archipelago are connected with straight baselines and all waters inside the baselines are considered as internal waters. This makes the large bodies of waters connecting the islands of the archipelago like Mindanao Sea, Sulo Sea and the Sibuyan Sea part of the Philippines as its internal waters, similar to the rivers and lakes found within the islands themselves.

The archipelagic principle however is subject to the following limitations:

a) respect for the right of the ship and other states to pass through the territorial as well as archipelagic waters

b) respect to right of innocent passage

c) respect for passage through archipelagic sea lanes subject to the promulgation by local authorities of pertinent rules and regulations.

The Philippines & the Spratly Islands History

The Philippines as the closest and archipelagic country of the Spratly island with another Five Asian countries claim the Spratly Islands including -- China, Taiwan, Vietnam, Malaysia and Brunei. Disputes among these six parties have led to various minor military skirmishes, the detention of fisherfolk and diplomatic rows in the past three decades.

Control of the Spratlys is important since the region is supposed to contain large deposits of oil, gas, hydrocarbon and mineral resources. The islands are also strategically located in the sea lanes for commerce and transport in the South China Sea which is very close to the Palawan Province of the Philippines with a distant less than 200 nautical miles; a bases that Philippines has a legal ground that those islands are part of the Philippines.

The Spratlys consist of about 26 islands and islets and 7 groups of rocks in the South China Sea found approximately between the latitude of 4 degrees to 11 degrees 30'N. and longitude 109 degrees 30'E. They have a maritime area of 160,000 square kilometers and an insular area of about 170 hectares.

The Spratlys are popular among fishermen. However, they are considered dangerous for commercial navigation. Maps from the early part of the last century have advised seamen to avoid passing through them.

Japan explored the Spratlys for military reasons during World War II. The British Admiralty and U.S. Navy have also ordered some top secret missions there. But the U.S. Navy never released the new charts of the Spratlys to civilian authorities. Writer Francois-Xavier Bonnet wonders about the role of the Spratlys during the Vietnam War.

In 1933 a Philippine senator protested the French annexation of the Spratlys. A parliamentary committee studied the issue but the U.S. government, which controlled the Philippines at that time, did not take an interest in the matter.

In 1946 Vice President Elpidio Quirino claimed the Spratlys on behalf of the Philippine government. A year later, the Philippine Secretary of Foreign Affairs declared that the "New Southern Islands" previously occupied by Japan during World War II were part of Philippine territory.

In 1955 the Philippine military reported that the Spratly island group was of "vital proximity" to the country. The following year, Filipino navigator and businessman Tomas Cloma issued a "proclamation to the whole world" claiming ownership and occupation of the Spratlys. Cloma sent six letters to the government about the need to settle the question of ownership of the islands.

The vice president of the Philippines replied in 1957, assuring Cloma that the government "does not regard with indifference the economic exploitation and settlement of these uninhabited and unoccupied islands by Philippine nationals."

According to Filipino law professor Haydee Yorac, the Cloma Proclamation was the first assertion of title to the Spratlys after Japan renounced its ownership of the islands in 1951 and 1952.

In 1978 President Ferdinand Marcos issued a proclamation declaring ownership of most of the islands in the Spratlys. The area was renamed the Kalayaan (Freedom) Island Group. The proclamation laid the following basis for the Philippine claim: "By virtue of their proximity and as part of the continental margin of the Philippine archipelago"; that "they do not legally belong to any state or nation, but by reason of history; indispensable need, and effective occupation and control established in accordance with international law"; and while other states have laid claims to some of these areas, their claims have lapsed by abandonment and cannot prevail over that of the Philippines on legal, historical, and equitable ground."

In 1995 President Fidel Ramos articulated the Philippine position regarding the Spratlys issue. He said "I would like to clarify that the Philippines does not only claim eight islands in the Spratlys but owns all islands and waters in the Spratlys as defined in the presidential decree issued by former President Marcos."

Militarization of the Spratlys started in the 1970s. The Philippines sent a military contingent to occupy some of the islands in 1971. After four years, the Philippines had already established a military presence in six islands. Today, the Philippines occupies eight islands in the area.

http://betterphils.blogspot.com/2011/04/philippines-spratly-islands-200-nm-eez_19.html

=====

The Disputed Spratlys is within the Philippine Waters. The Philippines is the legal owner of the islands in the Spratlys as it is within 200 Nautical Mile Exclusive Economic Zone said United Nations Convention on the Law of the Sea (UNCLOS)

THE PHILIPPINES AND THE ARCHIPELAGIC DOCTRINE

Archipelago is defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea. (De Leon, 1991)

In various conferences of the United Nations on the Law of the Sea, the Philippines and other archipelago states proposed that an archipelagic state composed of groups of islands forming a state is a single unit, with the islands and the waters within the baselines as internal waters.By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty.

Despite the opposition of maritime powers, the Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. It legalizes the unity of land, water and people into a single entity

The Philippines bolstered the archipelagic principle in defining its territory when it included in Article 1 of the 1987 Constitution the following:

"The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein xxx"; and

"The waters around, between and connecting the islands of the archipelago, regardless of their dimensions, form part of the internal waters of the Philippines."

On the strength of these assertions, the Philippines Archipelago is considered as one integrated unit instead of being divided into more than seven thousand islands. The outermost of our archipelago are connected with straight baselines and all waters inside the baselines are considered as internal waters. This makes the large bodies of waters connecting the islands of the archipelago like Mindanao Sea, Sulo Sea and the Sibuyan Sea part of the Philippines as its internal waters, similar to the rivers and lakes found within the islands themselves.

The archipelagic principle however is subject to the following limitations:

a) respect for the right of the ship and other states to pass through the territorial as well as archipelagic waters

b) respect to right of innocent passage

c) respect for passage through archipelagic sea lanes subject to the promulgation by local authorities of pertinent rules and regulations.

The Philippines & the Spratly Islands History

The Philippines as the closest and archipelagic country of the Spratly island with another Five Asian countries claim the Spratly Islands including -- China, Taiwan, Vietnam, Malaysia and Brunei. Disputes among these six parties have led to various minor military skirmishes, the detention of fisherfolk and diplomatic rows in the past three decades.

Control of the Spratlys is important since the region is supposed to contain large deposits of oil, gas, hydrocarbon and mineral resources. The islands are also strategically located in the sea lanes for commerce and transport in the South China Sea which is very close to the Palawan Province of the Philippines with a distant less than 200 nautical miles; a bases that Philippines has a legal ground that those islands are part of the Philippines.

The Spratlys consist of about 26 islands and islets and 7 groups of rocks in the South China Sea found approximately between the latitude of 4 degrees to 11 degrees 30'N. and longitude 109 degrees 30'E. They have a maritime area of 160,000 square kilometers and an insular area of about 170 hectares.

The Spratlys are popular among fishermen. However, they are considered dangerous for commercial navigation. Maps from the early part of the last century have advised seamen to avoid passing through them.

Japan explored the Spratlys for military reasons during World War II. The British Admiralty and U.S. Navy have also ordered some top secret missions there. But the U.S. Navy never released the new charts of the Spratlys to civilian authorities. Writer Francois-Xavier Bonnet wonders about the role of the Spratlys during the Vietnam War.

In 1933 a Philippine senator protested the French annexation of the Spratlys. A parliamentary committee studied the issue but the U.S. government, which controlled the Philippines at that time, did not take an interest in the matter.

In 1946 Vice President Elpidio Quirino claimed the Spratlys on behalf of the Philippine government. A year later, the Philippine Secretary of Foreign Affairs declared that the "New Southern Islands" previously occupied by Japan during World War II were part of Philippine territory.

In 1955 the Philippine military reported that the Spratly island group was of "vital proximity" to the country. The following year, Filipino navigator and businessman Tomas Cloma issued a "proclamation to the whole world" claiming ownership and occupation of the Spratlys. Cloma sent six letters to the government about the need to settle the question of ownership of the islands.

The vice president of the Philippines replied in 1957, assuring Cloma that the government "does not regard with indifference the economic exploitation and settlement of these uninhabited and unoccupied islands by Philippine nationals."

According to Filipino law professor Haydee Yorac, the Cloma Proclamation was the first assertion of title to the Spratlys after Japan renounced its ownership of the islands in 1951 and 1952.

In 1978 President Ferdinand Marcos issued a proclamation declaring ownership of most of the islands in the Spratlys. The area was renamed the Kalayaan (Freedom) Island Group. The proclamation laid the following basis for the Philippine claim: "By virtue of their proximity and as part of the continental margin of the Philippine archipelago"; that "they do not legally belong to any state or nation, but by reason of history; indispensable need, and effective occupation and control established in accordance with international law"; and while other states have laid claims to some of these areas, their claims have lapsed by abandonment and cannot prevail over that of the Philippines on legal, historical, and equitable ground."

In 1995 President Fidel Ramos articulated the Philippine position regarding the Spratlys issue. He said "I would like to clarify that the Philippines does not only claim eight islands in the Spratlys but owns all islands and waters in the Spratlys as defined in the presidential decree issued by former President Marcos."

Militarization of the Spratlys started in the 1970s. The Philippines sent a military contingent to occupy some of the islands in 1971. After four years, the Philippines had already established a military presence in six islands. Today, the Philippines occupies eight islands in the area.

The Disputed Spratlys is within the Philippine Waters. The Philippines is the legal owner of the islands in the Spratlys as it is within 200 Nautical Mile Exclusive Economic Zone said United Nations Convention on the Law of the Sea (UNCLOS)

THE PHILIPPINES AND THE ARCHIPELAGIC DOCTRINE

Archipelago is defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea. (De Leon, 1991)

In various conferences of the United Nations on the Law of the Sea, the Philippines and other archipelago states proposed that an archipelagic state composed of groups of islands forming a state is a single unit, with the islands and the waters within the baselines as internal waters.By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty.

Despite the opposition of maritime powers, the Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. It legalizes the unity of land, water and people into a single entity

The Philippines bolstered the archipelagic principle in defining its territory when it included in Article 1 of the 1987 Constitution the following:

"The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein xxx"; and

"The waters around, between and connecting the islands of the archipelago, regardless of their dimensions, form part of the internal waters of the Philippines."

On the strength of these assertions, the Philippines Archipelago is considered as one integrated unit instead of being divided into more than seven thousand islands. The outermost of our archipelago are connected with straight baselines and all waters inside the baselines are considered as internal waters. This makes the large bodies of waters connecting the islands of the archipelago like Mindanao Sea, Sulo Sea and the Sibuyan Sea part of the Philippines as its internal waters, similar to the rivers and lakes found within the islands themselves.

The archipelagic principle however is subject to the following limitations:

a) respect for the right of the ship and other states to pass through the territorial as well as archipelagic waters

b) respect to right of innocent passage

c) respect for passage through archipelagic sea lanes subject to the promulgation by local authorities of pertinent rules and regulations.

The Philippines & the Spratly Islands History

The Philippines as the closest and archipelagic country of the Spratly island with another Five Asian countries claim the Spratly Islands including -- China, Taiwan, Vietnam, Malaysia and Brunei. Disputes among these six parties have led to various minor military skirmishes, the detention of fisherfolk and diplomatic rows in the past three decades.

Control of the Spratlys is important since the region is supposed to contain large deposits of oil, gas, hydrocarbon and mineral resources. The islands are also strategically located in the sea lanes for commerce and transport in the South China Sea which is very close to the Palawan Province of the Philippines with a distant less than 200 nautical miles; a bases that Philippines has a legal ground that those islands are part of the Philippines.

The Spratlys consist of about 26 islands and islets and 7 groups of rocks in the South China Sea found approximately between the latitude of 4 degrees to 11 degrees 30'N. and longitude 109 degrees 30'E. They have a maritime area of 160,000 square kilometers and an insular area of about 170 hectares.

The Spratlys are popular among fishermen. However, they are considered dangerous for commercial navigation. Maps from the early part of the last century have advised seamen to avoid passing through them.

Japan explored the Spratlys for military reasons during World War II. The British Admiralty and U.S. Navy have also ordered some top secret missions there. But the U.S. Navy never released the new charts of the Spratlys to civilian authorities. Writer Francois-Xavier Bonnet wonders about the role of the Spratlys during the Vietnam War.

In 1933 a Philippine senator protested the French annexation of the Spratlys. A parliamentary committee studied the issue but the U.S. government, which controlled the Philippines at that time, did not take an interest in the matter.

In 1946 Vice President Elpidio Quirino claimed the Spratlys on behalf of the Philippine government. A year later, the Philippine Secretary of Foreign Affairs declared that the "New Southern Islands" previously occupied by Japan during World War II were part of Philippine territory.

In 1955 the Philippine military reported that the Spratly island group was of "vital proximity" to the country. The following year, Filipino navigator and businessman Tomas Cloma issued a "proclamation to the whole world" claiming ownership and occupation of the Spratlys. Cloma sent six letters to the government about the need to settle the question of ownership of the islands.

The vice president of the Philippines replied in 1957, assuring Cloma that the government "does not regard with indifference the economic exploitation and settlement of these uninhabited and unoccupied islands by Philippine nationals."

According to Filipino law professor Haydee Yorac, the Cloma Proclamation was the first assertion of title to the Spratlys after Japan renounced its ownership of the islands in 1951 and 1952.

In 1978 President Ferdinand Marcos issued a proclamation declaring ownership of most of the islands in the Spratlys. The area was renamed the Kalayaan (Freedom) Island Group. The proclamation laid the following basis for the Philippine claim: "By virtue of their proximity and as part of the continental margin of the Philippine archipelago"; that "they do not legally belong to any state or nation, but by reason of history; indispensable need, and effective occupation and control established in accordance with international law"; and while other states have laid claims to some of these areas, their claims have lapsed by abandonment and cannot prevail over that of the Philippines on legal, historical, and equitable ground."

In 1995 President Fidel Ramos articulated the Philippine position regarding the Spratlys issue. He said "I would like to clarify that the Philippines does not only claim eight islands in the Spratlys but owns all islands and waters in the Spratlys as defined in the presidential decree issued by former President Marcos."

Militarization of the Spratlys started in the 1970s. The Philippines sent a military contingent to occupy some of the islands in 1971. After four years, the Philippines had already established a military presence in six islands. Today, the Philippines occupies eight islands in the area.

http://betterphils.blogspot.com/2011/04/philippines-spratly-islands-200-nm-eez_19.html

=====

There is no country belongs to Spratlys but Spratly is belong to the Philippines as it is within the Philippine Waters

The Philippines is the legal owner of the islands in the Spratlys as it is within 200 Nautical Mile Exclusive Economic Zone said United Nations Convention on the Law of the Sea (UNCLOS)

THE PHILIPPINES AND THE ARCHIPELAGIC DOCTRINE

Archipelago is defined as a sea or part of a sea studded with islands, often synonymous with island groups, or as a large group of islands in an extensive body of water, such as sea. (De Leon, 1991)

In various conferences of the United Nations on the Law of the Sea, the Philippines and other archipelago states proposed that an archipelagic state composed of groups of islands forming a state is a single unit, with the islands and the waters within the baselines as internal waters.By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty.

Despite the opposition of maritime powers, the Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea held in Jamaica last December 10, 1982. They were qualified as archipelagic states. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. It legalizes the unity of land, water and people into a single entity

The Philippines bolstered the archipelagic principle in defining its territory when it included in Article 1 of the 1987 Constitution the following:

"The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein xxx"; and

"The waters around, between and connecting the islands of the archipelago, regardless of their dimensions, form part of the internal waters of the Philippines."

On the strength of these assertions, the Philippines Archipelago is considered as one integrated unit instead of being divided into more than seven thousand islands. The outermost of our archipelago are connected with straight baselines and all waters inside the baselines are considered as internal waters. This makes the large bodies of waters connecting the islands of the archipelago like Mindanao Sea, Sulo Sea and the Sibuyan Sea part of the Philippines as its internal waters, similar to the rivers and lakes found within the islands themselves.

The archipelagic principle however is subject to the following limitations:

a) respect for the right of the ship and other states to pass through the territorial as well as archipelagic waters

b) respect to right of innocent passage

c) respect for passage through archipelagic sea lanes subject to the promulgation by local authorities of pertinent rules and regulations.

The Philippines & the Spratly Islands History

The Philippines as the closest and archipelagic country of the Spratly island with another Five Asian countries claim the Spratly Islands including -- China, Taiwan, Vietnam, Malaysia and Brunei. Disputes among these six parties have led to various minor military skirmishes, the detention of fisherfolk and diplomatic rows in the past three decades.

Control of the Spratlys is important since the region is supposed to contain large deposits of oil, gas, hydrocarbon and mineral resources. The islands are also strategically located in the sea lanes for commerce and transport in the South China Sea which is very close to the Palawan Province of the Philippines with a distant less than 200 nautical miles; a bases that Philippines has a legal ground that those islands are part of the Philippines.

The Spratlys consist of about 26 islands and islets and 7 groups of rocks in the South China Sea found approximately between the latitude of 4 degrees to 11 degrees 30'N. and longitude 109 degrees 30'E. They have a maritime area of 160,000 square kilometers and an insular area of about 170 hectares.

The Spratlys are popular among fishermen. However, they are considered dangerous for commercial navigation. Maps from the early part of the last century have advised seamen to avoid passing through them.

Japan explored the Spratlys for military reasons during World War II. The British Admiralty and U.S. Navy have also ordered some top secret missions there. But the U.S. Navy never released the new charts of the Spratlys to civilian authorities. Writer Francois-Xavier Bonnet wonders about the role of the Spratlys during the Vietnam War.

In 1933 a Philippine senator protested the French annexation of the Spratlys. A parliamentary committee studied the issue but the U.S. government, which controlled the Philippines at that time, did not take an interest in the matter.

In 1946 Vice President Elpidio Quirino claimed the Spratlys on behalf of the Philippine government. A year later, the Philippine Secretary of Foreign Affairs declared that the "New Southern Islands" previously occupied by Japan during World War II were part of Philippine territory.

In 1955 the Philippine military reported that the Spratly island group was of "vital proximity" to the country. The following year, Filipino navigator and businessman Tomas Cloma issued a "proclamation to the whole world" claiming ownership and occupation of the Spratlys. Cloma sent six letters to the government about the need to settle the question of ownership of the islands.

The vice president of the Philippines replied in 1957, assuring Cloma that the government "does not regard with indifference the economic exploitation and settlement of these uninhabited and unoccupied islands by Philippine nationals."

According to Filipino law professor Haydee Yorac, the Cloma Proclamation was the first assertion of title to the Spratlys after Japan renounced its ownership of the islands in 1951 and 1952.

In 1978 President Ferdinand Marcos issued a proclamation declaring ownership of most of the islands in the Spratlys. The area was renamed the Kalayaan (Freedom) Island Group. The proclamation laid the following basis for the Philippine claim: "By virtue of their proximity and as part of the continental margin of the Philippine archipelago"; that "they do not legally belong to any state or nation, but by reason of history; indispensable need, and effective occupation and control established in accordance with international law"; and while other states have laid claims to some of these areas, their claims have lapsed by abandonment and cannot prevail over that of the Philippines on legal, historical, and equitable ground."

In 1995 President Fidel Ramos articulated the Philippine position regarding the Spratlys issue. He said "I would like to clarify that the Philippines does not only claim eight islands in the Spratlys but owns all islands and waters in the Spratlys as defined in the presidential decree issued by former President Marcos."

Militarization of the Spratlys started in the 1970s. The Philippines sent a military contingent to occupy some of the islands in 1971. After four years, the Philippines had already established a military presence in six islands. Today, the Philippines occupies eight islands in the area.

Hydrocarbons

There are multiple reasons why the neighboring nations would be interested in the Spratly Islands. In 1968 oil was discovered in the region. The Geology and Mineral Resources Ministry of the People's Republic of China (PRC) has estimated that the Spratly area holds oil and natural gas reserves of 17.7 billion tons (1.60 × 1010 kg), as compared to the 13 billion tons (1.17 × 1010 kg) held by Kuwait, placing it as the fourth largest reserve bed in the world. These large reserves assisted in intensifying the situation and propelled the territorial claims of the neighboring countries.

In 1968, the Philippines started to take their claims more seriously and stationed troops on three islands which had been claimed by the adventurer Tomas Cloma as part of Freedomland.[1] In 1973 Vietnamese troops were stationed on five islands.[2]

On 11 March 1976, the first major Philippine oil discovery occurred off the coast of Palawan, near the Spratly Islands territory, and these oil fields now account for fifteen percent of all petroleum consumed in the Philippines. In 1992, the PRC and Vietnam granted oil exploration contracts to U.S. oil companies that covered overlapping areas in the Spratlys. In May 1992, the China National Offshore Oil Corporation (CNOOC) and Crestone Energy (a U.S. company based in Denver, Colorado) signed a cooperation contract for the joint exploration of the Wan'an Bei-21block, a 25,155 km² section of the southwestern South China Sea that includes Spratly Island areas. Part of the Crestone's contract covered Vietnam's blocks 133 and 134, where PetroVietnam, PetroStar Energy(USA) and ConocoPhillips Vietnam Exploration & Production, a unit of ConocoPhillips, agreed to evaluate prospects in April 1992. This led to a confrontation between China and Vietnam, with each demanding that the other cancel its contract.

On May 23, 2011, Philippine President Benigno Aquino III warned the Chinese defense minister of a possible arms race in the region if tensions worsened over disputes in the South China Sea. Aquino said he told visiting Chinese Defense Minister Liang Guanglie in their meeting that such an arms race could result if there were more encounters in the disputed and potentially oil-rich Spratly islands. The Philippines warned China that it might increase its military capabilities. [5]

China immediately issued protests over the two submissions and called on the United Nations not to consider them. It also issued a stern warning to countries not to claim the islands which it said were its sovereign territory.[8]

In the early 21st century, the situation is improving. China recently held talks with ASEAN countries aimed at realizing a proposal for a free trade area between the ten countries involved. China and ASEAN have also been engaged in talks to create a code of conduct aimed at easing tensions in the disputed islands. In November 2002, a Declaration on the Conduct of Parties in the South China Sea was signed.[9] The parties explicitly undertook in this declaration, "to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned,".[9] The declaration eases tensions, but falls short of a legally binding code of conduct.[citation needed]

In the interim, the parties pledged to carry out confidence building measures, such as by holding dialogues and exchange of views as appropriate between their defense and military officials; ensuring just and humane treatment of all persons who are in danger or distress; notifying on a voluntary basis other Parties concerned of any impending joint/combined military exercise; and exchanging, on a voluntary basis, relevant information.

The Parties may also explore or undertake cooperative activities such as marine environmental protection; marine scientific research; safety of navigation and communication at sea; search and rescue operation; and combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and armed robbery at sea, and illegal traffic in arms.

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.[3][15] Brunei does not practice military control in the area.

Brunei's claims to the reef are based on the Law of the Sea.[16] 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.[17]

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).[15]

Malaysia's claims are based upon the continental shelf principle, and have clearly defined coordinates. This argument still requires that the islands were res nullius, though.[18][15]

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. Today, the People's Liberation Army and the Republic of China Armed Forces are both stationed in several islands, including the largest, Taiping Island - occupied by ROC.

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[19] 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. The ROC was the first government to establish a physical presence in the Spratly Islands. It has occupied Taiping Island, the largest island in the Spratlys, constantly since 1956.[20]

In 1958, North Vietnamese Prime Minister Phạm Văn Đồng sent a formal note to Zhou Enlai.

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, Phạm Văn Đồng, sent a formal note to PRC's Premier Zhou Enlai 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 waters, although South Vietnam continued to claim sovereignty over the islands.

The PRC and ROC base their claims on the belief that the islands have been an integral part of China for nearly two thousand years and that neighboring countries and European Powers took advantage of China's poor condition and diversity to impinge on its sovereignty.

China claims to have discovered the islands in the Han Dynasty in 2 BC. The islands were claimed to have been marked on maps compiled during the time of Eastern Han Dynasty and Eastern Wu (one of the Three Kingdoms). Since the Yuan Dynasty in the 12th century, several islands that may be the Spratlys have been labeled as Chinese territory,[21] followed by the Ming Dynasty[22] and the Qing Dynasty from the 13th to 19th Century.[23] In 1755,[24][25] archaeological surveys the remains of Chinese pottery and coins have been found in the islands and are cited as proof for the PRC claim.[26]

In addition, the PRC's military presence ensures a tangible claim to other potential challengers of sovereignty over at least those inhabited areas.

Surveying an area without establishing a civilization there or a military garrison does not hold the same political weight as staking an official claim. However, the PRC's claim to the Spratly Islands is grounded in the philosophy that since they were present there first they rightly have sovereignty.

Many of these claims to sovereignty come directly from the Ministry of Foreign Affairs of the People's Republic of China. There is also doubt as to whether these sources state a claim of sovereignty or simply mention the Spratlys alongside other foreign lands.

Claims of pottery being found are mostly shipwrecked treasure from Chinese galleons that sailed through the area and did not necessarily come from anyone who inhabited or even visited the islands.[26]

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. On June 11, 1978, President Ferdinand Marcos of the Philippines issued Presidential decree No. 1596, declaring the Spratly Islands (referred to therein as the Kalayaan Island Group) as Philippine territory.[27]

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.[citation needed] 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.[28] 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'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. A European colonial map depicting the islands as Vietnamese territory.

Vietnam People's Navy's soldiers marching on Spratly island

Vietnamese claims that it has occupied the Spratley and the Paracel islands at least since the 17th century, when they were not under the sovereignty of any state, and that they exercised sovereignty over the two archipelagos continuously and peacefully until they were invaded by Chinese armed forces.[32] In Phủ Biên Tạp Lục (Miscellaneous Records of Pacification in the Border Area) by the scholar Lê Quý Đôn, Hoàng Sa (Paracel Islands), and Trường Sa (Spratly Islands) were defined as belonging to Quảng Ngãi District. In Đại Nam Nhất Thống Toàn Đồ (Dai Nam Unified Map), an atlas of Vietnam completed in 1838, Trường Sa was shown as Vietnamese territory.[citation needed] Vietnam had conducted many geographical and resource surveys of the islands.[citation needed] The results of these surveys have been recorded in Vietnamese literature and history published since the 17th century. After the treaty signed with the Nguyễn Dynasty, France represented Vietnam in international affairs and exercised sovereignty over the islands.[citation needed]

The Cairo Declaration, drafted by the Allies and China towards the end of World War II, listed the territories that the Allies intended to strip from Japan and return to China. Despite China being among the authors of the declaration, this list did not include the Spratlys.[citation needed] Vietnam's response to China's claim that the Cairo Declaration somehow recognized the latter's sovereignty over the Spratlys is that this claim has no basis in fact.

At the San Francisco Conference on the peace treaty with Japan, the Soviet Union proposed that the Paracels and Spratlys be recognized as belonging to China. This proposal was rejected by an overwhelming majority of the delegates. On July 7, 1951, Tran Van Huu, head of the Bảo Đại Government's delegation to the conference declared that the Paracels and Spratlys were part of Vietnamese territory. This declaration met with no challenge from the 51 representatives at the conference.[citation needed]

The text of the Treaty of San Francisco listed the Spratlys as not part of the list of territories to be returned to China.[33]

After the French left, the Vietnamese government exercised sovereignty over the islands.[dubious - discuss] 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 SRV (Socialist Republic of Vietnam) continued to claim the Spratly islands as an integral part of Vietnam, accordingly the Phan Van Dong DRV notice to the PRC in 1958 had not ceded the ROV and consequently the SRV claims, hence that Notice became of no effect on the ROV/SRV rights.

Vietnam currently occupies 31 islands. They are organized as a district of Khanh Hoa Province. At the 12th National Assembly Election held early in Trường Sa, the people and soldiers also voted for their local district government for the first time. For the first time, Trường Sa is organized like a normal inland district, with a townlet (thị trấn Trường Sa) and two communes (xã Sinh Tồn, xã Song Tử Tây). Forty nine people were elected to the communes' people's councils.

• Soldiers and/or civilian citizens of a country are present in the feature, either by building structures over the feature to house the citizens (most features are of this type) or by manning a ship anchored over the feature (Philippine-occupied Irving Reef is of this type).
• Regularly visited by soldiers of a country, not necessarily having soldiers present in it 24 hours. These features must lie near (within 9 miles (14 km)) a feature occupied by the country in the way of the first condition. Presence of structures is not necessary. This is the case of Philippine-occupied Flat Island and Lankiam Cay where soldiers stationed at Nanshan Island and Loaita Island respectively, regularly visit on a daily basis.

The effective visible distance of horizon from a 15 meter (typical large structure) height above sea-level is 9 miles (14 km). This makes features occupied by the second condition to be also labeled as "occupied" since they can be guarded far away. However not all features within the 9-mile (14 km) radius can be considered as absolutely occupied. This is especially true for features that lie between and within 9 miles (14 km) of two or more features occupied by different countries. (See Virtually Occupied or Controlled table)