ARTICLE I NATIONAL TERRITORY

adhered to the Archipelagic Doctrine in defining the boundaries of the country.

The Spratly Islands are a group of more than 750 reefs,[1] islets, atolls, cays and islands in the South China Sea. The archipelago lies off the coasts of the Philippines and Malaysia (Sabah), about one third of the way from there to southern Vietnam. They comprise less than four square kilometers of land area spread over more than 425,000 square kilometers of sea. The Spratlys are one of three archipelagos of the South China Sea which comprise more than 30,000 islands and reefs and which complicate 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 reserves of oil and natural gas. About 45 islands are occupied by relatively small numbers of military forces from Vietnam, the People's Republic of China, the Republic of China (Taiwan), Malaysia and the Philippines. Brunei has also claimed an EEZ in the southeastern part of the Spratlys encompassing just one area of small islands above mean high water (on Louisa Reef.)

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.
territorial limits and boundaries of the Philippines were defined by (1) the Treaty of Paris between the United States and Spain on December 10, 1898; (2) the Treaty of Washington between Spain and the United States on November 7, 1900; and (3) the treaty between Great Britain and the United States on July 2, 1930. In the Treaty of Paris, Spain transferred its ownership of the Philippines to the United States for $20,000,000, and for the first time the boundaries of the archipelago were then defined. In the Treaty of November 7, 1900, the United States paid Spain another $100,000 to acquire possession of some small islands in the Sulu archipelago Cagayan, Sibutu, and the smaller islands around these. These areas were then added to Philippine territory. Finally, on July 2, 1930, another group of islands were ceded to the Philippine archipelago. These were the Mangsee and Turtle Islands, which had previously been claimed by both Great Britain and the United States. By the Philippine Constitution of 1973 and by the ratified Constitution of 1987, the Philippines

Geographic and economic overview

 
Coordinates: 838 N 11155 E Area (land based): less than 5 km - includes 148 or so islets, coral reefs, and seamounts. (sea surface): 410,000 km of the central South China Sea Coastline: 926 km Political divisions: (in alphabetic order of claimants)

 

Brunei: Part of Brunei's Exclusive Economic Zone;

[2]

People's Republic of China: Part of Hainan province;

Malaysia: Part of the state of Sabah;

 

Philippines: Part of Palawan province; Republic of China (Taiwan): Part of Kaohsiung municipality;

Little vegetation grows on these islands, which are subject to intense monsoons. Larger islands are capable of supporting tropical forest, scrub forest, coastal scrub and grasses. It is difficult to determine which species have been introduced or cultivated by humans. Itu Aba Island was
[1]

   

Vietnam: Part of Khnh Ha Province.

Climate: tropical Terrain: flat Elevation extremes:

reportedly covered with shrubs, coconut, and mangroves in 1938; pineapple was also cultivated here when it was profitable. Other accounts mention papaya, banana, palm, and even white peach trees growing on one island. A few islands which have been developed as small tourist resorts have had soil and trees brought in and planted where there were none.
[1] [1] [1]

 

lowest point: South China Sea (0 m) highest point: unnamed location on Southwest Cay (4 m)

Natural hazards: serious maritime hazards because of numerous banks, reefs and shoals

Wildlife
The islands that do have vegetation provide important habitats for many seabirds and sea turtles.
[1]

The islands are most likely volcanic in origin.

[3]

The islands themselves contain almost

Both the Green Turtle (Chelonia mydas, endangered) and the Hawksbill Turtle (Eretmochelys imbricata, critically endangered) formerly occurred in numbers sufficient to support commercial exploitation. These species reportedly continue to nest even on islands inhabited by military personnel (such as Pratas) to some extent, though it is believed that their numbers have declined.
[1] [1]

no significant arable land and have no indigenous inhabitants, although twenty of the islands, including Itu Aba, the largest, are considered to be able to sustain human life. Natural resources include fish, guano, undetermined oil and natural gas potential. Economic activity includes commercial fishing, shipping, andtourism. The proximity to nearby oil- and gasproducing sedimentary basins suggests the potential for oil and gas deposits, but the region is largely unexplored, and there are no reliable estimates of potential reserves. Commercial exploitation of hydrocarbons has yet to be developed. The Spratly Islands have at least three fishing ports, several docks and harbors, at least three heliports, at least four territorial rigging style outposts (especially due west of Namyit Island),
[4]

Seabirds use the islands for resting, breeding, and wintering sites. Species found here include Streaked Shearwater (Calonectris Leucomelas), Brown Booby (Sula Leucogaster), Red-Footed Booby(S. sula), Great Crested Tern (Sterna bergii), and White Tern (Gygis Alba). Little information is available regarding current status of the islands seabird populations, though it is likely that birds may divert nesting site to smaller, less disturbed islands. Bird eggs cover the majority of Song Tu, a small island in the eastern Danger Zone.
[1] [1] [1]

Unfortunately, this ecoregion is still largely a mystery. Scientists have focused their research on the marine environment, while the ecology of the terrestrial environment remains relatively unknown.
[1] [1]

and six to

eight airstrips.These islands are strategically located near several primary shipping lanes.

Coral reefs
Coral reefs are the predominant structure of these islands; the Spratly group contains over 600 coral reefs in total.

Ecological hazards
Political instability, tourism and the increasing industrialization of neighboring countries has led to serious disruption of native flora and fauna, over-exploitation of natural resources, and environmental pollution. Disruption of nesting areas by human activity or by introduced animals,
[1]

Vegetation

such as dogs, has reduced the number of turtles nesting on the islands. Sea turtles are also slaughtered for food on a significant scale. The sea turtle is a symbol of longevity in Chinese customs and at times the military personnel are given orders to protect the turtles.
[1] [1] [1]

Shitang , which China today claims refers to the Spratly Islands. The Wanli Shitang have been explored by the Chinese since the Yuan Dynasty and may have been considered by them to have been within their national boundaries.
[9] [7][8]

They are also

Heavy commercial fishing in the region incurs other problems. Though it has been outlawed, fishing methods continue to include the use of bottom trawls fitted with chain rollers. In addition, during a recent routine patrol, more than 200 kg of Potassium cyanide solution was confiscated from fishermen who had been using it for fish poisoning. These activities have a devastating impact on local marine organisms and coral reefs.
[1] [1]

referenced in the 13th century, followed by the Ming Dynasty.

[10]

When the Ming Dynasty collapsed,

the Qing Dynasty continued to include the territory in maps compiled in 1724,
[11]

1755,

[12]

1767,

[13]

1810,

[14]

and 1817.

[15]

Vietnamese map from 1834 also includes the Spratly Islands clumped in with the Paracels (a common occurrence on maps of that time) labeled as "Wanli Changsha".
[16]

Some interest has been taken in regard to conservation of these island ecosystems. J.W. McManus has explored the possibilities of designating portions of the Spratly Islands as a marine park. One region of the Spratly Archipelago, called Truong Sa, was proposed by Vietnams Ministry of Science, Technology and the Environment (MOSTE) as a future protected area. The 160 km site is currently managed by the Khanh Hoa Provincial Peoples Committee of Vietnam.
[1] [1] 2 [1] [1]

According to Hanoi, old Vietnamese maps record Bi Ct Vng (Golden Sandbanks, referring to both Paracels and the Spratly Islands) which lay near the Coast of the central Vietnam as early as 1838.
[17]

In Ph Bin T p L c (Frontier Chronicles) by ng Sa

the scholar Le Quy Don, Hong Sa and Tr

were defined as belonging to Qu ng Ngi District. He described it as where sea products and shipwrecked cargoes were available to be collected. Vietnamese

Military groups in the Spratlys have engaged in environmentally damaging activities such as shooting turtles and seabirds, raiding nests, and fishing with explosives. The collection of rare medicinal plants, collecting of wood and hunting for the wildlife trade are common threats to the biodiversity of the entire region, including these islands. Coral habitats are threatened by pollution, over-exploitation of fish and invertebrates, and the use of explosives and poisons as fishing techniques.
[1] [1] [1]

text written in the 17th century referenced government-sponsored economic activities during the Le Dynasty, 200 years earlier. The Vietnamese government conducted several geographical surveys of the islands in the 18th century.[17] Despite the fact that China and Vietnam both made a claim to these territories simultaneously, at the time, neither side was aware that their neighbor had already charted and made claims to the same stretch of islands.[17] The islands were sporadically visited throughout the nineteenth and early twentieth centuries by mariners from different European powers (including Richard Spratly, after whom the island group derives its most recognizable English name).
[18]

Early cartography
The first possible human interaction with the Spratly Islands dates back between 600 BCE to 3 BCE. This is based on the theoretical migration patterns of the people of Nanyue (southern China and northern Vietnam) and Old Champa kingdom who may have migrated from Borneo, which may have led them through the Spratly Islands.[5] Ancient Chinese maps record the "Thousand Li Stretch of Sands"; Qianli Changsha and the "Ten-Thousand Li of Stone Pools"; Wanli

However, these

nations showed little interest in the islands. In 1883, German boats surveyed the Spratly and Paracel Islands but withdrew the survey eventually after receiving protests from the Nguyen Dynasty. Many

European maps before the 20th century do not even make mention of this region.
[19]

Japan renounced all claims to the islands in the 1951 San Francisco Peace Treaty, together with the Paracels, Pratas & other islands captured from China, upon which China reasserted its claim to the islands. It was unclear whether France continued its claim to the islands after WWII, since none of the islands other than Itu Aba is habitable. The South Vietnamese government took over the Tr ng Sa administration

Military conflict and diplomatic dialogues

In 1933, France asserted its claims from 1887[20] to the Spratly and Paracel Islands on behalf of its thencolony Vietnam.[21] It occupied a number of the Spratly Islands, including Itu Aba, built weather stations on two, and administered them as part of French Indochina. This occupation was protested by the Republic of China government because France admitted finding Chinese fishermen there when French warships visited the nine islands.[22] In 1935, the ROC government also announced a sovereignty claim on the Spratly Islands. Japan occupied some of the islands in 1939 during World War II, and used the islands as a submarine base for the occupation of Southeast Asia. During the occupation, these islands were called Shinnan Shoto , literally the New Southern Islands, and put under the governance of Taiwan together with the Paracel Islands ( ).

after the defeat of the French at the end of the First Indochina War. In 1958, the People's Republic of China issued a declaration defining its territorial waters, which encompassed the Spratly Islands. North Vietnam's prime minister, Pham Van Dong, sent a formal note to Zhou Enlai, stating that the Government of the Democratic Republic of Vietnam respects the decision by China regarding the 12 nautical mile limit of territorial waters.
[24]

Regarding

this letter, there have been many arguments on its true meaning and the reason why Ph m V n ng decided to send it to Zhou Enlai. One important fact is that the letter while accepting the 12 nautical mile principal for the limit of territorial waters of China, has never mentioned a word about how the territorial boundary was defined and thus leaving the dispute on South China Sea islands as its status quo for later settlement. In an interview with BBC, Dr. Balazs Szalontai provided an insight into this issue: "The general context of the Chinese declaration was the United Nations Conference on the Law of the Sea, held in 1956, and the resulting treaties signed in 1958, such as the Convention on the Territorial Sea and Contiguous Zone. Understandably, the PRC government, though not being a member of the U.N., also wanted to have a say in how these issues were dealt with. Hence the Chinese declaration of September 1958. In these years, North Vietnam could hardly afford to alienate Communist comrad China. The Soviet Union did not give any substantial support to Vietnamese reunification, and neither South Vietnamese leader Ngo Dinh Diem nor the U.S. government showed readiness to give consent to the holding of all-Vietnamese elections as stipulated by the Geneva Agreements. On the contrary, Diem did

In 1945, The Republic of China sent its Naval ships to take control of the islands after the surrender of Japan. It had chosen the largest and perhaps the only inhabitable island, Itu Aba Island, as its base, and renamed the island under the name of the naval vessel as Taiping. The KMT force of Republic Of China briefly abandoned the islands after its defeat in China's civil war in 1949, but re-established the base in 1956. Today, Itu Aba Island is still administrated by the Republic of China, Following the defeat of Japan at the end of World War II, China re-claimed the entirety of the Spratly Islands (including Itu Aba), accepting the Japanese surrender on the islands based on the Cairo and Potsdam Declarations. The ROC government withdrew from most of the Spratly and Paracel Islands after they retreated to Taiwan from the opposing Communist Party of China, which founded the People's Republic of China in 1949.[21] ROC quietly withdrew troops from Itu Aba in 1950, but reinstated them in 1956 in response to Tomas Cloma's sudden claim to the island as part of Freedomland.[23]

his best to suppress the Communist movement in the South. This is why Pham Van Dong felt it necessary to take sides with China, whose tough attitude toward the Asian policies of the U.S. offered some hope. And yet he seems to have been cautious enough to make a statement that supported only the principle that China was entitled for 12-mile territorial seas along its territory but evaded the issue of defining this territory. While the preceding Chinese statement was very specific, enumerating all the islands (including the Paracels and the Spratlys) for which the PRC laid claim, the DRV statement did not say a word about the concrete territories to which this rule was applicable. Still, it is true that in this bilateral territorial dispute between Chinese and Vietnamese interests, the DRV standpoint, more in a diplomatic than a legal sense, was incomparably closer to that of China than to that of South Vietnam".
[25]

In May 2011, Chinese naval vessels opened fire on Vietnamese fishing vessels operating off East London Reef (Da Dong Island). Three military vessels were numbered 989, 27 and 28. They showed up with a small group of Chinese fishing vessels. Another Vietnamese fishing vessel was fired on near Cross (Chu Thap) Island. The Chief Commander of Border Guards in Phu Yen Province, Vietnam reports that a total of four Vietnamese vessels were fired upon by Chinese naval vessels.
[verification needed]

In June 2011, the Philippines renamed the South China Sea and the Reed Bank as the West Philippine Sea and the Recto Bank.
[28][verification needed]

Telecommunications
In 2005, a cellular phone base station was erected by the Philippines' Smart Communications on Pag-asa Island.[29] On 18 May 2011, China Mobile announced that its mobile phone coverage has expanded to the Spratly Islands, under the rationale that it can allow soldiers stationed on the islands, fishermen and merchant vessels within the area to use mobile services, and can also provide assistance during storms and sea rescues. The deployment of China Mobile's support over the islands took roughly one year to fulfil.[30]

Some international

scholars argued that, Pham Van Dong who represented North Vietnam at that time has no legal right to comment on a territorial part which belonged to the South Vietnam represented by Ngo Dinh Diem. Therefore, the letter has no legal value and is considered as a diplomatic document to show the support of the government of North Vietnam to the PRC at that time.
[verification needed]

In 2004, Vietnam

issued a white paper saying, in part, Vietnam has sufficient historical evidence and legal basis to assert its indisputable sovereignty over the territorial waters and islands of Vietnam in the East Sea, among them the Paracels and Spratlys. Nevertheless, for the common security interests of the parties concerned, Vietnam is ready to enter into peaceful negotiations to settle the problem, first and foremost by reaching an agreement on the "Code of Conduct" pending the final solution.
[26]

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 MinisterLiang 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.[27]