GEOPOL A – GEOGRAPHY AND POLITICS IN EAST ASIA

Philippines’ Claim in the Spratlys

Spratlys Islands or the Kalayaan Island Group (KIG) is within the Philippines’ proximity and
200 Nautical Miles EEZ – under the UNCLOS.

The Philippines as the closest and archipelagic country of the Spratly Island with another five
Asian countries.

The Philippines control the following islands in the Spratlys:

1. Lawak or Nansham Island

2. Kota or Loaita Island
3. Likas or West York Island
4. Pag-asa or Thitu Island
5. Parola or North East Cay
6. Panata or Lamkiam Cay
7. Patag or Flat Island
8. Rizal or Commodore Reef

In 1956, Tomas Cloma explored the

Spratlys and issued a “Proclamtion to the
World” asserting ownership by discovery
and occupation to “33 islands, sand cays, sand
(sic) bars, coral reefs and fishing grounds,
covering an area of 64, 976 sq nm”.

In 1968, the Philippine government began sending

troops to occupy the area.

In 1971, the Philippines officially claimed several

features in KIG for “reasons of national security”
and to “protect the interests of the state and its
citizens”.

In 1972, they were designated as part of Palawan

Province, Kalayaan municipality. Total Land area is 790,000 sq meters

In 1974, the Philippine government stated that the Philippine forces had occupied five islets of
the Spratlys.

By 1978, they had occupied two more islands and later further occupied Commodore Reef.
Moreover, President Marcos issued P.D. 1596 formally asserting sovereignty over the KIG.

Mary Elizabeth Apolonio | SOURCE:

  The Philippines has a superior claim to four specific high-tide elevations in the KIG
based on a principle of first discovery and effective occupations – namely, West York,
Nanshan Island, Flat Island, and Lankiam Cay.
 The Philippines is illegally occupying two small islands in the KIG that are the rightful
property of Vietnam (based on the French annexation document): Thitu (Pagasa) Island
and Loaita (Kota) Island. It is possible that Northeast Cay should be included on this list,
but more evidence is needed.

How do the Philippines protect its intellectual property rights on the eight officially claimed
islands in Spratly?

1. The Philippines 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.
2. 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.
3. The outermost of its archipelago are
connected with straight baselines
and all waters inside the baselines
are considered as internal waters.
4. The archipelagic principle however
is subject to the following limitations:
 respect for the right of the ship and other states to pass through the territorial as
well as archipelagic waters;
 respect to right of innocent passage ; and
 Respect for passage through archipelagic sea lanes subject to the promulgation by
local authorities of pertinent rules and regulations.

Mary Elizabeth Apolonio | SOURCE: