POSITION PAPER

Country : Republic of China (Taiwan)

Committee : -
Delegates : Cindy Cherya, Soraya Dewi Kartikasari

Topic : Legal Status of South China Sea

The South China Sea is located in the south of Republic of China (ROC) and People’s
Republic of China (PRC), eastern and southern Vietnam, west of the Philippines, and north of
the Kalimantan and Sumatera Island. These waters are bounded by the east coast of the Malay
Peninsula and the southern part of the Gulf of Thailand, and are connected by the ROC Strait
with the East China Sea and by the Luzon Strait with the Philippine Sea. The South China Sea
is geographically divided into four island groups: The Paracel Islands, the Macclesfield Bank,
the Pratas Islands, and the Spartly Islands. Most of these islands are very small, the largest of
which are Pratas and Spratly Island, in which these two major islands become the object of
dispute between the parties in the South China Sea.

In respond to this, whether from the perspective of history, geography, or international law, the
South China Sea Islands and their surrounding waters are an inherent part of the territory of the
Republic of China (“ROC”). These islands and their surrounding waters were first discovered,
named, and used by the early Chinese, as well as administered by successive governments, and
have been considered inherent national territory and waters since ancient times, as is clearly
shown in historical records, local gazetteers, government documents and both domestic and
foreign maps. This claim of sovereignty is based on the principle of occupation by fulfilling the
conditions for the discovery of terra nulius. Not only did the ROC as part of Early China
deliberately take territorial sovereignty from island groups that have never been discovered by
mankind, but also carry out appropriate legislative, judicial and administrative measures, and
exercise its sovereignty (the principle of effective occupation’). Meanwhile, before
neighbouring States in the South China Sea claimed territorial sovereignty, ROC had not been
subject to intervention by any State, except the illegal invasion and occupation by France and
Japan. These facts constitute powerful proof in international law of ROC to claim sovereignty
over the South China Sea islands.
Following the founding of the ROC in 1912, the government published the Map of the South
China Sea Islands and Maritime Features in April 1935, which showed ROC territory in the
South China Sea. The map showed an 11-dash line (also known as the U-shaped line)
surrounding the South China Sea Islands. The Nansha (Spratly) Islands, Shisha (Paracel)
Islands, Chungsha (Macclesfield Bank) Islands, and Tungsha (Pratas) Islands are included on
this map and designated as ROC territory. For instance, the ‘Pratas garrison area’ and the
‘Spratly garrison district’, were set up in 1956. Ships were dispatched to inspect the Spratly
Islands respectively in 1963 and 1966. The Islands of Spratly were hosted by the Kaohsiung
City Government in 1980 and a ‘district office’ was also set up. All these facts satisfy the
elements of, ‘the principle of occupation’ as discussed above.

Therefore, the ROC is entitled to all rights over the South China Sea and their relevant waters
in accordance with international law and the law of the sea, this cannot be denied. Any claim to
sovereignty over, or occupation of, these areas by other countries is illegal, irrespective of the
reasons put forward or methods used, and the ROC government recognizes no such claim or
occupation. In connection with the very complex international disputes in the South China Sea,
the ROC will strictly safeguard the territorial sovereignty of the ROC in the South China Sea,
as well as the rights to waters to which it is entitled under international law and the law of the
sea.

The ROC has sent a clear signal and solutions to the States as international community. The
ROC is willing to regard the South China Sea as a shared resource, and will provide public
goods and manage the disputes via multilateral mechanisms. The ROC has and, in the future,
will consistently uphold not only the principles of safeguarding sovereignty, but also shelving
disputes, pursuing peace and reciprocity, and promoting joint development, and in accordance
with the United Nations Charter and international law, called for consultations with their
respective countries, participation in related dialogue and cooperative mechanisms, and
peaceful resolution of disputes, to jointly ensure regional peace. The ROC will continue to
uphold the freedom of navigation and overflight in the South China Sea while based on the
values of peace, humanitarianism, ecological conservation, and sustainable development. The
ROC is willing, through negotiations conducted on the basis of equality, to work with all States
concerned to advance peace and stability, as well as protect and develop resources, in the South
China Sea.