South China Sea Forum

[filipino_american]

UNCLOS is not the only INTERNATIONAL LAW the Philippines base their claim from.

Others are:

1. Terra Nullius and

2. EFFECTIVE Jurisdiction.

The Island of PALMAS was historically part of the Philippines. Spain gave it to the AMERICANS thru the TREATY OF PARIS. The Philippines EVEN HAD THE TITLE, but the International Court gave it to Indonesia because of their EFFECTIVE JURISDICTION.

Yes the PHILIPPINES HAD THE TITLE HISTORICALLY and LEGALLY, but UNDER INTERNATIONAL LAW, the occupation must be CONTINUOUS, UNINTERRUPTED, and ACTUAL EVIDENCE of JURISDICTION must be shown. That's why the Philippines lost to INDONESIA even though HISTORICALLY the island was theirs.

Other than the PALMAS ISLAND ISSUE, there's also a couple of International Court cases that honored EFFECTIVE JURISDICTION over HISTORICAL CLAIMS like the:

1. Clipperton Island (Mexico-France) Case

2. The Minquiers and Ecrehos Case (France/United Kingdom) Case

3. Indonesia-Malaysia Island Dipute

In the CASE of SPRATLYS, the PHILIPPINES has maintained effective jurisdiction of the ISLANDS. The Philippines HAVE MAINTAINED EFFECTIVE JURISDICTION.

Under International Law, CHINA'S FAKE TITLE is NO MATCH with the Philippines EFFECTIVE JURISDICTION based on the 4 ICJ CASES ABOVE.

Also, according to "TRUE" History, the CHINESE were actually late comers to the South China Sea. The Malays people ruled the South China Sea according to Anthropologists, Archaeologists and Asian Historians.

 

[filipino_american]

The Treaty of Paris will not affect the Philippines' Case
The International Court Ignored the TREATY OF PARIS
see the OFFICIAL ICJ RULING:http://untreaty.un.org/cod/riaa/cases/vol_II/829-871.pdf

Palmas/ Miangas Island Case: 4 April 1928

US (for the Philippines) V. Netherlands (for Indonesia)

Palmas/ Miangas Island is now part of Indonesia.

The court favored the NETHERLANDS because of EFFECTIVE JURISDICTION.

The court ignored the treaty of paris.

The Palmas/ Miangas Island was INCLUDED in the Treaty of Paris between Spain and the USA as PART OF THE PHILIPPINES. It was well within the BOUNDARIES of the treaty of paris.

But the court favored the NETHERLANDS because of EFFECTIVE JURISDICTION even though the U.S. HAD MAPS from SPAIN TO PROVE they own the Islands

THE TREATY OF PARIS IS OF NO CONSEQUENCES

AGAIN

THE TREATY OF PARIS IS OF NO CONSEQUENCES

THE INTERNATIONAL COURT FAVORED

EFFECTIVE JURISDICTION

OVER

THE TREATY OF PARIS

 

[filipino_american]

In the case of Scarborough shoal and the Spraltys, the Philippines has exercised both effective occupation and effective jurisdiction.

FACT: CHINA NEVER REALLY CONTROLLED THE ISLANDS.

1. The Philippines currently controls 7 Spratly Islands, China has ZERO. China only controls reefs which are under water. Per UNCLOS, the waters above those reefs are part of the Philippines' EEZ. So China' is occupying the reefs illegally!

Scarborough Shoal - Chinese ships just recently started staying there, to be exact just since April 2012, which is more like a form of HARASSMENT rather than effective jurisdiction. Under UN Charter, INVASION is Illegal. The Philippines Case VS China in the Permanent Court of Arbitration will take care of this. The 5 judges are complete already.

2. After the Treaty of Paris was signed, the Philippines under American rule decided a shipwreck case in the Scarborough shoal AND NOT CHINA! Showing Scarborough was under the Philippines Jurisdiction and Not CHINA during that time.

3. THE PHILIPPINES has ARRESTED A LOT OF ILLEGAL CHINESE, VIETNAMESE, AND TAIWANESE FISHERMEN IN SCARBOROUGH SHOAL WITHOUT ANY PROTEST FROM CHINA, VIETNAM OR TAIWAN. CHINA PROTESTED JUST RECENTLY.

SAME WITH THE SPRATLYS, THE PHILIPPINES HAS ARRESTED ILLEGAL CHINESE, VIETNAMESE, AND MALAYSIANS WITHOUT ANY PROTEST FROM THEIR RESPECTED COUNTIRES.

FACT: CHINA NEVER ARRESTED FILIPINO FISHERMEN IN THE DISPUTED ISLANDS.

THE PHILIPPINES HAS ALSO CAPTURED ILLEGAL CHINESE FISHING BOATS

4. THE PHILIPPINE NAVY AND COASTGUARD HAVE ALWAYS BEEN PATROLLING THE ISLANDS.

5. Scarborough Shoal was also used as an impact range by Philippine and U.S. Naval Forces stationed in Subic Bay in Zambales for defense purposes.

FACT: CHINA NEVER PROTESTED.

6. The Phil. has also been conducting scientific, topographic, and marine studies in the disputed islands

7. Filipino fishermen have been fishing in the disputed areas since prehistory

8. The Philippines has a municipality in the disputed islands called Pag-Asa. You can find houses, a school, military posts, and other infrastructures.

----------------------------

China never controlled the ISLANDS, under EFFECTIVE JURISDICTION, the Philippines will win the case.

 

[filipino_american]

Evidence of Philippines Jurisdiction over Scarborough

The Philippine Supreme Court (under American control) decided a case involving a shipwreck in Scarborough and NOT CHINA. The shipwreck predates China’s 1935 claim.

ERLANGER & GALINGER, Plaintiffs-Appellants , vs. THE SWEDISH EAST ASIATIC CO.,(LTD.) ET AL., defendants. THE "OELWERKE TEUTONIA" and NEW ZEALAND INSURANCE CO.(LTD.), appellants.

The Philippines decided the CASE and NOT CHINA!

The lawsuit was decided by the Philippines’ top court in 1916 – led by Filipino Chief Justice Cayetano Arellano

A clear evidence that the Philippines was exercising jurisdiction over the shoal during that period.

This case is a proof that the Philippines was responsible to shipwrecks in the Scarborough

THE DECISION AND COPY OF THE CASE CAN BE VIEWED HERE: G.R. No. L-10051

Ancient Chinese Maps did not include the Spratlys and Scarborough.

Chinese Territory ends at Hainan Island

The southernmost point in China, called Tianya Haijiao or “the End of the World”, is on Hainan Island.

Ancient Chinese Maps

1. Year 1461

-
A Ming Dynasty map published in 1461. Scarborough and Spratly Islands were not in the map.

2. Year 1561

-
A map of the Yuan Dynasty drawn in 1561 showed the Island of Hainan as China’s southernmost territory.

3. Year 1653

-
Another Chinese map drawn in 1653 showed the Hainan Island as its southernmost boundary.

4. China’s map in 1728

-
Again, no Scarborough or Spratly Islands were not in the map

5. A map of Guangdong province in 1897

-
Hainan Island was the end of their territory.

6. 1904 Chinese Map

]

7. 1905

-
Qing Dynasty in 1905

8. Qing Empire published by Shanghai company in 1908

to be continued.....

 

[filipino_american]

Continuation...

Ancient Chinese Maps did not include the Spratlys and Scarborough

9. 1909

-
A Qing Dynasty’s map in 1909 also showed Hainan Island as China’s southernmost land.

10. 1912

-
China’s map during the revolution published in 1912 by Japan’s Osaka publisher.

11. 1926

-
Republic of China

12. 1935

-
Republic of China

13. Europe, Africa and Asia by China in 1939.

 

[filipino_american]

Old Italian Map Supports the Philippines' Claim

The Italians used the word “PANACOT”, the Spanish name of the Scarborough

Shoal.

The Italians named BAJO DE PARAGUA (The Spanish of the Spratlys)“LOS BAJOS

DE PARAGUA”.

Paragua is the Spanish name of the Island of Palawan

Bajo de Paragua means under Palawan

----

More OLD MAPS to be posted

Old European Maps showed Scarborough and Spratlys were not part of CHINA

BRITISH OLD MAPS

1.

2.

3.

4.

5.

6.

 

[filipino_american]

OLD FRENCH MAPS showed Scarborough and Spratlys were not part of CHINA

1.

2.

3.

4.

5.

6.

7.

8.

 

[gpit]

In the case of Scarborough shoal and the Spraltys, the Philippines has exercised both effective occupation and effective jurisdiction.

FACT: CHINA NEVER REALLY CONTROLLED THE ISLANDS.

1. The Philippines currently controls 7 Spratly Islands, China has ZERO. China only controls reefs which are under water. Per UNCLOS, the waters above those reefs are part of the Philippines' EEZ. So China' is occupying the reefs illegally!

Scarborough Shoal - Chinese ships just recently started staying there, to be exact just since April 2012, which is more like a form of HARASSMENT rather than effective jurisdiction. Under UN Charter INVASION is Illegal. The Philippines Case VS China in the Permanent Court of Arbitration will take case of this.

...

Last time I heard a comment from a PLA officer who predicted that if the Philippines led by inept Aquino keep making trouble against Taiwan fishing men and mainland, sooner or later the 7 illegally occupied islands will be in Chinese hands.

 

[filipino_american]

OLD FRENCH MAPS showed Scarborough and Spratlys were not part of CHINA

9.

OLD ITALIAN MAP

OLD DUTCH MAP showed Scarborough and Spratlys were not part of CHINA

Old AMERICAN Map showed Scarborough and Spratlys were not part of CHINA

Other EUROPEAN MAP

To Sum Up

1. Old European Maps support the Philippines Claim

2. Old European and American Maps showed Scarborough and the Spratlys were not part of China

3. Maps published by CHINA also did not include Scarborough and the Spratlys

 

[filipino_american]

European Old Maps Support the Philippines' Scarborough and Spratly Islands claim

Old Spanish Maps of the Philippines

1.

2.

Old British Empire Maps Support the Philippines' Claim

1.

-

zoomed in version:

The British used the word “PANACOT”, the FILIPINO name of the Scarborough Shoal.

The British named BAJO DE PARAGUA (The Spanish of the Spratlys)“SHELVES OF PARAGO”.

Paragua is the Spanish name of the Island of Palawan

Bajo de Paragua means under Palawan

2.

-1804

3.

- 1828

Old Italian Map Supports the Philippines' Claim

The Italians used the word “PANACOT”, the FILIPINO name of the Scarborough Shoal.

The Italians named BAJO DE PARAGUA (The Spanish of the Spratlys)“LOS BAJOS DE PARAGUA”.

Paragua is the Spanish name of the Island of Palawan

Bajo de Paragua means under Palawan

 

[filipino_american]

European Old Maps Support the Philippines' Scarborough and Spratly Islands claim

French Old Maps

1.

The French used the word “PANACOT”, the FILIPINO name of the Scarborough Shoal.

The French also used the word “BAJO DE PARAGUA”, the Spanish name of the Spratly Islands.

2.

1826 Map – Scarborough and Spratlys part of the Philippines

3.

4.

5.

6.

- Spratlys same color with the Philippines, different color with Vietnam.

7.

- The Islands are of the same color as the Philippines.

8. The French describing the Sultanates of Brunei and Sulu (?) who ruled the Spratlys, Palawan, Most of Mindanao, Sulu, Mindanao, and most of BORNEO.

-

Spratly same color with Palawan and Borneo.

To Sum Up

1. Old European Maps support the Philippines Claim

2. Old European and American Maps showed Scarborough and the Spratlys were

not part of China

3. Maps published by CHINA also did not include Scarborough and the

Spratlys

 

[filipino_american]

Last time I heard a comment from a PLA officer who predicted that if the Philippines led by inept Aquino keep making trouble against Taiwan fishing men and mainland, sooner or later the 7 illegally occupied islands will be in Chinese hands.

The South China Sea is very important strategically, militarily, and ECONOMICALLY to the USA, Japan, Taiwan, South Korea, India, and to the ASEAN.

The U.S. will defend the SOUTH CHINA SEA from CHINA not because of the Philippines., but because of its VALUE.

What will happen to Japan, S. Korea, Vietnam, Taiwan etc. if CHINA gets the SOUTH CHINA SEA? The South China Sea is their LIFE LINE.

Again the U.S. and its allies including Australia and India will protect the south china sea because of its value and NOT JUST because of the Philippines.

They would rather have the PHILIPPINES administer the AREA than COMMUNIST CHINA.

The aircraft carriers of the U.S. in the South China Sea and Indian Warships visiting SCS Claimants: Malaysia, Vietnam and the Philippines recently is a CLEAR WARNING TO CHINA.

Also, how can CHINA claim LEGALLY when NO International Law support her claim.

Also, as of today, NO COUNTRY SUPPORTS and RECOGNIZES CHINA'S FANTASY 9 dash claim.

___

Chinese ruler's MULTIPLE and CONTINUOUS rejection to take the ISSUE before INTERNATIONAL COURTS is a DIRECT admission that they cannot PROVE their FANTASY 9 dash claim UNDER ANY INTERNATIONAL LAW. Superpowers like the USA have lost in the International Courts when they invoked HISTORICAL CLAIMS (Palmas-Miangas Case). So, China cannot say the COURT is BIAS.

If China believes that her HISTORICAL CLAIM is VALID then why is she scared of the court? Just use your common sense. You dont have to think deep.

 

[cirr]

China Coast Guard（CCG）2166：

 

[cirr]

CMS 1118 launched on 31.05.2013 and CMS 5001 formally inducted on 02.06.2013:

CCG 3368:

MSA Haixun 1 ready to go:

 

[cirr]

Type 056 corvette 597 formally handed over to PLAN Hong Kong Garrison(according to the red banners):

You guys are gonna see lots of this beauty, and her numerous sister ships, in the SCS in the future.