What was the basis of the Philippines claim over the Spratlys?

The Philippines claims the Kalayaan Island Group on the assumption that after Japan renounced its title to the islands in the San Francisco Treaty of Peace of 1951, they reverted to being terra nullius because title was not explicitly passed to another state.

What are the reasons why Philippines have claims over Spratly Island?

The Philippines’ claims are based on 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.

What is the basis of Philippines in claiming West Philippine Sea?

In Philippine law, the West Philippine Sea refers only to the portions of the South China Sea which the Philippine government claims to be part of the country’s exclusive economic zone (EEZ).

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What made the Philippines win the case against China?

Foreign Affairs Secretary Teodoro Locsin declared that the arbitration case initiated and won by the Philippines versus China is a contribution “of great significance and consequence to the peaceful settlement of disputes in the South China Sea and to the peace and stability of the region at large.” He said that the …

What claim do the Philippines have over the South China Sea?

The Philippine claims to sovereignty over the features known as Scarborough Shoal and the KIG are independent of its archipelagic status both legally and historically. Because Scarborough Shoal is a feature which exists above high tide, it is capable of [sovereign] appropriation under international law.

Does the Philippines own the Spratly Islands?

The Philippines claims the northeastern section of the Spratly Islands as the Kalayaan Island Group, in addition to the Scarborough Shoal, which it calls the Bajo de Masinloc. Malaysia claims part of the Kalayaan Island, while China and Taiwan claim the entirety of the island group.

Which country should own the Spratly Islands?

The Spratly Islands consist of more than 100 small islands or reefs surrounded by rich fishing grounds – and potentially by gas and oil deposits. They are claimed in their entirety by China, Taiwan, and Vietnam, while portions are claimed by Malaysia and the Philippines.

What is the difference between the name South China Sea and the West Philippine Sea?

“West Philippine Sea” is the official designation by the Philippine government of eastern parts of the South China Sea that are included in the Philippines’ exclusive economic zone. The term is also sometimes incorrectly used to refer to the South China Sea as a whole.

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Does the Philippines has a rightful claim over Sabah Malaysia?

5446 of the Philippines, which took effect on 18 September 1968, regards Sabah as a territory “over which the Republic of the Philippines has acquired dominion and sovereignty”. On 16 July 2011, the Philippine Supreme Court ruled that the Philippine claim over Sabah is retained and may be pursued in the future.

Why West Philippine Sea is important?

Its coral reefs span an area almost as large as Mindanao and account for 30% of the nation’s total coral reefs. Scientists have discovered hundreds of fish, coral, seagrass, and other marine life in the West Philippine Sea. Its marine biodiversity is among the highest in the world.

Why territorial conflicts between Philippines and China exist?

No matter how the Philippine memorial is packaged, the direct cause of the disputes between China and the Philippines is the latter’s illegal occupation of some of China’s islands and reefs in the South China Sea.

What is the right or entitlement of the Philippines under international law that is being violated by China?

Under UNCLOS, every coastal state is entitled as a matter of international law to a 200-nm EEZ, plus an additional 150-nm ECS where applicable, drawn from baselines on continental land or islands. … China’s 9-dashed line claim negates, and thus violates, the Philippines’ legal entitlement under UNCLOS to an EEZ and ECS.

When did China claim West Philippine Sea?

On 22 January 2013 the Philippines initiated international arbitration against the People’s Republic of China (China) regarding its territorial and maritime dispute in the South China Sea – known as the West Philippine Sea in Manila.

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Who really owns South China Sea?

Since the two-day clash of arms between China and the former Republic of Vietnam (South) in January 1974, the Paracels have been firmly in Chinese control, while the Philippines, Taiwan, and Vietnam are each holding a part of the Spratlies.

Will there be war in South China Sea?

Scholars like Brendan Taylor have identified four flash points for a possible conflict with China, including Korea, the East China Sea, the South China Sea and Taiwan, but conventional war is not likely at this stage.

Why does China want the South China Sea?

South China Sea accounts for at least a third of the global maritime trade. While huge oil and natural gas reserves are said to lie beneath its seabed, it is also a fishing ground crucial for food security.

Notes from the road