Mariz L.

Lerona Political Administration

4LM3 Prof. Lansang
01 Mar 2014 Sat 8-11 am, Rm. 201
Scarborough Shoal: Jurisdictional Dispute Between Philippines and China
Introduction
Tensions between Philippines and China over the disputed water, Scarborough Shoal, is a
prevalent topic in the local and global mass media. The recent tension has been reported just this
fourth week of February when the Chinese Coast Guards (CCG) patrolling in their alleged
territory (Scarborough) has fired water cannons to Filipino fishermen in frustration to expulse
them from fishing in their alleged territory. The Chinese government is unapologetic for their act
with the reason that the CCG has the every right to execute such an act whenever there is a
provocation or threat in their territory. The Chinese government is truly showing that they have
the control over the disputed island by practicing its jurisdictional capacity. The Philippines on
the other hand remained resistant over Chinas intimidation. It rather choses to attack China on a
diplomatic approach rather than to return the intimidation. The Philippines has long before
brought the dispute to the United Nations Convention on the Law of the Sea (UNCLOS),
however, China has incessantly refusing to participate. Philippines believes that diplomatic
measures is the most appropriate action to take and just let the law dictate as to which state has
the right to practice its jurisdictional capacity, wholly or in part, of the Scarborough Shoal.


Discussion of the Issue
Philippines and Chinas basis on its claim
Philippines claims that a part of the Scarborough is within their jurisdiction because it is
within the 200 nautical mile Exclusive Economic Zone granted by UNCLOS whereby the
Philippines is granted the right to exploit the water resources within it. On the other hand, China
claims that the Scarborough is theirs because of their historical ownership of the island. China
alleged that Chinese have been actively using the island since the Song dynasty. It has even
presented their first published map dated 1947 where almost the whole of the South China Sea is
within their territory. The map however is claimed to be inconsistent with the UNCLOS, said
Jadeleza in a forum organized by the Philippine Society of International Law (Santos, 2014). The
International Law as well states that historical claim does not equate to historical title and the
long usage of a land/island is not sufficient as a foundation for procuring historical title (Hurng-
yu, 2012). Having said that, the Philippines still remain optimist that it will procure its full
jurisdiction on their part of the Scarborough and other disputed islands.
Benefits from the island
Scarborough Shoal houses large school of fishes, oil, natural gas and minerals (Markwith,
2013) which is a great factor for increasing a countrys socio-economic standing. Fish both in the
Philippines and China is in the top 5 ranks of food that is commonly spent for in a household.
Not only it is a common food in the Filipino and Chinese table, it is also a common source of
income.
According to Philippine Bureau of Fisheries and Aquatic Resources, in 2011, the fishing
industry has contributed 1.9% and 2.2% of the Gross Domestic Products of the Philippines,
translating to approximately Php183.1 billion. NSO 2002 Census for Fisheries said that the
industry, in 2011, employed a total of 1,614,368 fishing operators nationwide, which, implies
millions of job opportunities for Filipinos and source of income. Scarborough having the rich
aquaculture of fishes would be a great contributory to Philippine fish industry development.
China on the other hand, is the top exporter of fish around the world. China is expecting
to produce, import, and export 60 million tons of seafood by the year 2015 (Markwith, 2013). It
even plans to increase its fishing vessels to 2,300 to be able to reach or surpass its projection in
2015. Chinas intense interest in increasing its water resources is evident and Scarborough would
be one of the waters that could crystallized their goals.
Aside from enormous population of fishes in the island, the potential oil deposits in it is
also abundant. Brig. Gen. Eldon G. Nemenzo, deputy commander of the 3rd Air Division of the
Philippine Air Force (PAF) based in Zamboanga City, made a research on the potential oil
reserves within the 200 nautical mile (nm) in the West Philippine Sea which includes the
Scarborough shoal up to the Kalayaan Group of Islands (also known as Spratlys Island).
According to Brig. Gen. Nemenzo, the Philippines is like a blind beggar sitting on a mountain
of gold (Manila Bulletin, 2012) for the potential oil reserves explored in the said islands were
amounting to $26.3 trillion, enough to alleviate the poverty in Philippines.
Aside from abundant population of fishes and oil deposits, it is as well found to be having
rich deposits of natural gas, minerals, and polymetals such as gold, silver, iron, and nickel
(Manila Bulletin, 2012). The islands (from Scarborough to Kalayaan Group of Islands) is a
haven of treasures indeed.
Published in Taipei Times by Hurng-yu (2012), it was mentioned that the Republic of
China (ROC) included the Macclesfield Bank as part of its territory in 1947. The Philippines did
not voiced its opposition and many members of the international community recognized the
island to be belonging to China. In 1957, The ROC has allowed the U.S. to conduct a
topographical survey on the island. And only in 1960 did the Philippines voiced its claim, which,
according to Hurng-yu (2012) was prompted because of the surveyed potential resources. The
Philippines as well alleges the same to China evidenced by its incessant claims though it is
apparently inconsistent with the UNCLOS. It is no wonder anymore why there are six states
having disputes over these islands - because those are islands are indeed worth fighting for.
Philippines diplomatic strategy
In 2012, the Philippines has brought the case of its island disputes with China to the
International Tribunal on the Law of the Sea (ITLOS), having the aim to resolve its issue with
China through sheer diplomacy. The Chinese representatives were invited by the Philippines to
take part in the filing of the case to ITLOS, however, China refuses to take part in it.
The Philippine government is right in its strategy to attack China through diplomacy
rather than using might. China has been known around the world to be having more than 386
ships in service as of 2009, including three ballistic missile submarines, 59 attack submarines, 26
destroyers and 48 frigates (Calonzo, 2012). With these armaments of China, the Philippines
would undeniably lose if it provoke to return the intimidation of China. Though the Philippine
President has upgraded the Philippines ships and aircrafts last 2012, it still is beyond par of
Chinas count of armaments.
If however, the Philippine government, as the peoples representatives, has supported the
idea of returning the intimidation of China to show off our capability to protect our territory from
invaders, worst situations could be witnessed now. According to Pres. Aquino, the acts of China
were analogous to that of Germany to U.K. before. The Sudeten land, in Czechoslovakia was
acquiesced by U.K. to Germany to prevent Adolf Hitler from declaring a war and invade the
whole Czechoslovakia. It is similar with what is happening to the Philippines. China intimidates
the Philippines to give up the islands and waters that it alleges to be in their territory, otherwise
bloody war between Philippines and China would occur. At worst case scenario, in war it does
not only involves the two countries, it concerns all countries for if China could do that to the
Philippines, or Germany to U.K. it could do the same to other countries.
The war between Philippines and China could be a catalyst to another world war and it
led President Aquino to appeal to the international community to support the Philippines in its
battle. Pres. Aquino says in an interview with American newspaper, If we say yes to something
we believe is wrong now, what guarantee is there that the wrong will not be further exacerbated
down the line? (Phillips, 2014). Pres. Aquino appeals to the world to say enough is enough.
He tells us not to tolerate a wrong for it could only lead to a yet another wrong until it becomes
uncontrollable. Let not allow any country do the same as what Hitler has done.
Chinas strategy
China is known for its armaments which is symbol of their capability to participate in
war. However, Pres. Aquino has told, indirectly, that the use of might does not make one right
(Phillips, 2014). The China could have the physical weapons, but Philippines has the irrevocable
metaphysical weapon the legal rights over the disputed islands and waters.
There have been analysts who studied the strategies of China towards its territorial
disputes with its neighboring countries including Kazakhstan, Tajikistan, Kirgizstan, and other
17 countries among the 23 countries which it have territorial disputes. What was Chinas usual
remedy was to enter into a contract of territorial concession by which China would have the
lesser portion of the disputed territory. What was more to it than meets the eye is that, according
to the analyst Srikanth Kondapalli, the Chinese concession with the 17 countries is in itself
questionable. The question is that whether China supposed to give up the whole claim or does it
really has the right to retain its portion with the disputed territory. It could be that the disputed
territories were not supposed to be owned by China, but since, they conceded, having the smaller
portion even lesser than the half of the territory, they have been granted a territory which they
supposedly not to have. China did still win with this strategy for they have owned a land even
just a small portion which is not theirs. For the other countries, they would acquiesced to the
concession of China giving them small portion of the land even if China is not entitled to it
because in the first look, Chinas bargain looks a win-win situation.
Philippines and Chinas dispute probable for causing a world war

Conclusion
Diplomatic approach is the most appropriate action to take in dealing with disputes of any
matter. Intimidation or rather in a rough literature, the act of taking the law unto our own hands
would not help us to get anywhere or get whatever we want. The law governs all of our action
and we are bound with the liabilities affiliated to it. The issue on the Scarborough Shoal is not
just between the Philippines and China. The whole world is concerned with this issue for it could
be a start of a bigger war. The Philippines strategy for keeping its resistance to Chinas
intimidation is smart, for after all, there is no casualties, no war is commenced and despite of its
disputes with China, it still able to foster its harmonious relationship with the country.
The most crowning moment is when the International Convention would finally serve
justice to Philippines giving it the full right to administer the Scarborough Shoal. If it did not,
there is nothing to fret about, at least, the two countries has not incurred grave damages and it
still can smile at each other.
References
Calonzo, A. (2012, April 17). PHL to take Panatag Shoal dispute with China to international court.
Hurng-yu, C. (2012, April 28). Scarborough Shoal not Philippines'.
Manila Bulletin. (2012, April 25). $26.3-Trillion Oil Reserves. Manila, Philippines.
Markwith, T. (2013, May 07). Conflict in the Scarborough Shoal between China and the Philippines:
Climate Change's Role.
Phillips, T. (05, February 2014). Philippine president compares China's expansion to Nazi Germany.
Shanghai.
Santos, M. (2014, February 27). Philippines optimistic to win case against China. Manila, Philippines.