Territorial Dispute

Objectives ;

1. Identify what is Territorial Dispute?

2. Why do Territorial Dispute happen?
3. Provides examples of Territorial Dispute in the Philippines.

What is Territorial Dispute?

A territorial dispute is a disagreement between two or more States about which State
exercises sovereignty over a certain part of territory.

Why do territorial Dispute happen?

Three examples of Territorial Dispute in the Philippines
The conflict between China and the Philippines in the Western Philippine Sea (South China Sea)

The conflict between China and the Philippines in the Western Philippine Sea is the result of
years of territorial dispute over the Spratly Islands – a group of 7,500 islands and reefs that multiple
countries have claimed as their own.

The 1987 Constitution

“The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and
exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.”

Article XII, Sec 2

Currently, the “nine- dash line” which appears in Chinese maps, claims a majority of the
South China Sea as part of China’s national boundary and asserts sovereignty over the islands within
and the adjacent water. However, China’s self- proclaimed demarcation contradicts the UNCLOS or
the United Nations Convention on the Law of the Sea. UNCLOS is the international standard or
maritime zone such as;

 Territorial waters
 Contiguous zone
 Exclusive Economic Zone (EEZ)
 Continental Shelves

In addition, the dispute contributes to the rising se levels and ocean acidification, thus
endangering marine animals like fish and turtles. This has a negative effect on local resources of
livelihood, such as fishing and tourism. It is also making the waters warmer, which endangers corals.
“ With Chinas illegal encroachment, fishes and other marine species are bound to lose their habitats
as reclamation and the building of military bases has destroyed at least 16,000 hectares of reefs as
of 2017”, Agham said.

On the surface level, China’s aggression into the West Philippine Sea has led to the
destruction of coral reefs in the Kalayaan group of islands. According to science advocacy group
Agham, the damage is estimated to cost the Philippines Php 1.3 trillion a year.

Solution to resolve Territorial Disputes

  Strong Political Will
 Multilateral Agreements
 Petition to UNCLOS ( United Nations Convention on the Law of the Sea) Tribunal

North Borneo/ Sabah Dispute between Philippine and Malaysia

Sabah is the second largest state in Malaysia; which consists of 13 States and 3 Federal
territories. With an area that spans 72,500 sq. kilometers, topped with a coastline surrounded by the
South China Sea in the West, the Sulu Sea in the Northeast and Celebes Sea in the East, Sabah sits on
the northern- most part of Borneo; the third largest island in the world.

The claims of two countries

The Philippine claims that Sabah was only leased, not ceded, to the British North Borneo.
The Sultanate of Sulu that the territory of North Borneo was a gift from the Sultan of Brunei, as a
reward for Sulu’s aid in war in 1600s. However, Malaysia claims to maintain that Sabah or the North
Borneo is and will always be part of Malaysian Federation.

In 1658, Sultan of Brunei cedes Sabah to the Sultan of Sulu after the latter helps to quell a
civil rebellion in Brunei. The Sultanate of Sulu enters into a contract with the British North Borneo
Company, where the company can continue to occupy Sabah as long as it pays the Sultanate of Sulu
a regular sum of money in 1878. Following, in 1946 end of Japanese occupation in World War 2, The
British North Borneo company is relinquished of its duties and Sabah becomes a British Crown
Colony. Philippine president Diosdado Macapagal initiates filing of the Philippines’ claim over Sabah
after the talks of including Sabah in the Federation of Malaysia in 1962. In 1962, Heirs of Sulu
Sultanate cede sovereignty to the Philippines and in 1963 Sabah joins Malaysia after a referendum
was carried out and its people voted overwhelmingly in support of joining federation where in
Philippines refuse again to recognize Malaysia.

In 1963- 2012, Malaysia and the Philippines continue talks on Sabah’s under diplomatic
hostility. Ties break and resume in the process. In the early 1980s onwards, the issue slowly fizzles
out but the Philippines never formality drops the matter. Year 2013, a group calling themselves a
Royal Army of Sulu lands in village in Sabah. A standoff with Malaysian authorities ensures for a
month before the militants are either caught or escape back to the Philippines. In 2018, member of
the charter change consultative committee, Aquilino Pimentel, includes Sabah as part of Philippine
territory in his proposals and urges Filipino government to assert the country’s claim to Sabah.

Spartly Island Dispute

Background of Spratly Island in 1939 the Japanese Military Government announced its decision to
take possession of the Spartly Isand.

Natural Resources include fish, guano, oil and natural gas. Economic activity has included
commercial fishing, shipping, guano mining, oil, and gas exploitation, and more recently, tourism.
The Spratly Islands are located near several primary shipping lanes.

Countries claiming Spartly Island includes;

 China – claiming the entire Spratly Island.

 Philippines – claiming Kalayaan island.
 Taiwan – claiming the entire Spratly island.
 Malaysia – claiming Swallow Reef, a part of Spratly island.
 Vietnam – claiming the entire Spratly island.
 Brunei – claiming Louisa Reef part of Spratly island.

Spartly island is part of the Philippines according to United Nation Convention on the
Law of the Sea or UNCLOS.