Dublin Core

Title

The Spratley dispute : Application of international law

Description

Presently, there are six countries, which are laying claim on the archipelago in the South China Sea. The Spratleys area is an important route for sea lines of communication and is believed to be rich in oil and other mineral deposits.

The Philippines, which claims 53 islands and occupies eight of them, bases its claim on the theory of discovery, proximity and occupancy. China on the other hand claims the entire China Sea and calls it the "China Lake" on historical grounds and on the principles of discovery and occupation. Like China, Taiwan also claims the whole of China Sea on the same historical grounds and principle of occupancy. Vietnam, which supports its claims on the principle of accession or inheritance from France also, stands on the effective occupation and effective continuity of peaceful exercise of state authority entitled to sovereignty in the 21 islands they occupy. Malaysia and Brunei on the provision of the UNCLOS on the principle of proximity to the continental shelf.

Despite the occasional saber rattling from China, all the claimant countries have expressed their desire to settle the Spratleys dispute in a peaceful manner. They employed both First Track (official) and Second Track (unofficial) processes to avert breaking into armed confrontations. Included in the Declaration on the South First Track process are the signing of the 1992 ASEAN China Sea Dispute otherwise known as the 1992 Manila Declaration; the Philippine-China Code of Conduct on the South China Sea; and the Bilateral Agreement between the Philippines and Vietnam. In the Second Track Process, the efforts include Indonesia's annual seminar workshops on "Managing Potential Conflicts in the South China Sea"; transparency in the arms build and armed forces intentions of the claimant countries; exchange of military students and personnel visits; and other innovative confidence building measures like a soccer match in the Spratleys which is being proposed by the Philippines.

Creator

Lt Col Jaime U. Orsenado Sr.

Date

1999

Contributor

kelly

Format

Project Paper

Identifier

A515625372