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The Maritime Claims of The Philippines and China in the South China Sea

Hinanay, Lilia Elizabeth LU (2009) JASM01 20091
Faculty of Law
Abstract (Swedish)
This paper is about the maritime claims of The Philippines and China in the South China Sea, a strategic place in the Southeast Asia and perceived as rich in natural resources. Nine countries have shorelines on the South China Sea. It is composed of four (4) island groups, one of which is the Spratlys, strategically located in Asia, with important and busy shipping lanes, rich natural resources and mineral reserves.
Over the years, sovereignty issue and attendant issues regarding Spratlys surface and cause irritation in the relation of claimant-states, namely, China, Vietnam, and Taiwan which claim the islands in its entirety, as well as The Philippines, Brunei and Malaysia, claiming portions thereof.
Each country has legal basis for... (More)
This paper is about the maritime claims of The Philippines and China in the South China Sea, a strategic place in the Southeast Asia and perceived as rich in natural resources. Nine countries have shorelines on the South China Sea. It is composed of four (4) island groups, one of which is the Spratlys, strategically located in Asia, with important and busy shipping lanes, rich natural resources and mineral reserves.
Over the years, sovereignty issue and attendant issues regarding Spratlys surface and cause irritation in the relation of claimant-states, namely, China, Vietnam, and Taiwan which claim the islands in its entirety, as well as The Philippines, Brunei and Malaysia, claiming portions thereof.
Each country has legal basis for its sovereignty claims over the Spratlys. However, for purposes of this paper, only those involving The Philippines and China are the subject of this study. The pertinent provisions of the United Nation Convention on the Law of the Sea (UNCLOS) and other basis of claims have been discussed.
The Association of Southeast Asian Nations (ASEAN) is an important institution in the subject issue in view of the fact that with the exception of China, the rest of the claimants are members thereof. More so that the likelihood of tension in the disputed areas are high. The ASEAN made it possible for the passage of the Declaration on the Conduct of Parties in the South China Sea on 4 November 2002 whereby the ASEAN and China committed themselves to "undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat of use of force, through friendly consultations and negotiations", among others. The ASEAN had likewise been responsible for confidence-building measures among the claimant-states.
Selected maritime issues between The Philippines and China have marred their relations sporadically. The structures constructed by China in 1995 in the disputed area of Mischief Reef and the passage of the Philippine Baseline Law in March 2009 provided some occasion for diplomatic skirmishes in the relations of the two countries. A side note on the case involving the Philippine Baseline Law is likewise discussed.
Among the options in addressing the issues on the Spratlys are provided and these are: confidence-building measures pursuant to the aforesaid ASEAN Declaration, joint development/exploration agreements and resort to the jurisdiction of the International Court of Justice (ICJ).
The conclusion allows for consolidation of subjects in the preceding chapters and final comments on the matter. (Less)
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author
Hinanay, Lilia Elizabeth LU
supervisor
organization
course
JASM01 20091
year
type
H2 - Master's Degree (Two Years)
subject
keywords
The Philippines, China, South China Sea, ASEAN
language
English
id
1950829
date added to LUP
2011-05-17 08:50:21
date last changed
2011-05-17 08:50:21
@misc{1950829,
  abstract     = {This paper is about the maritime claims of The Philippines and China in the South China Sea, a strategic place in the Southeast Asia and perceived as rich in natural resources. Nine countries have shorelines on the South China Sea. It is composed of four (4) island groups, one of which is the Spratlys, strategically located in Asia, with important and busy shipping lanes, rich natural resources and mineral reserves. 
Over the years, sovereignty issue and attendant issues regarding Spratlys surface and cause irritation in the relation of claimant-states, namely, China, Vietnam,  and Taiwan which claim the islands in its entirety, as well as The Philippines, Brunei and Malaysia, claiming portions thereof.  
Each country has legal basis for its sovereignty claims over the Spratlys. However, for purposes of this paper, only those involving The Philippines and China are the subject of this study. The pertinent provisions of the United Nation Convention on the Law of the Sea (UNCLOS) and other basis of claims have been discussed. 
The Association of Southeast Asian Nations (ASEAN) is an important institution in the subject issue in view of the fact that with the exception of China, the rest of the claimants are members thereof. More so that the likelihood of tension in the disputed areas are high. The ASEAN made it possible for the passage of the Declaration on the Conduct of Parties in the South China Sea on 4 November 2002 whereby the ASEAN and China committed themselves to "undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat of use of force, through friendly consultations and negotiations", among others. The ASEAN had likewise been responsible for confidence-building measures among the claimant-states. 
Selected maritime issues between The Philippines and China have marred their relations sporadically. The structures constructed by China in 1995 in the disputed area of Mischief Reef and the passage of the Philippine Baseline Law in March 2009 provided some occasion for diplomatic skirmishes in the relations of the two countries. A side note on the case involving the Philippine Baseline Law is likewise discussed.  
Among the options in addressing the issues on the Spratlys are provided and these are: confidence-building measures pursuant to the aforesaid ASEAN Declaration, joint development/exploration agreements and resort to the jurisdiction of the International Court of Justice (ICJ). 
The conclusion allows for consolidation of subjects in the preceding chapters and final comments on the matter.},
  author       = {Hinanay, Lilia Elizabeth},
  keyword      = {The Philippines,China,South China Sea,ASEAN},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Maritime Claims of The Philippines and China in the South China Sea},
  year         = {2009},
}