Spratly Islands Dispute (SPRATLY Case) CASE NUMBER: 325 CASE MNEMONIC: SPRATLY CASE NAME: Spratly Islands

Dispute A. IDENTIFICATION 1. The Issue The Philippines made their first claim in the area--which they refer to as the Kalayaan islands--in 1975 and has been developing oil in the region between the Spratlys and the island of Palawan since 1976. The Philippines real history in the region began in May 1956 when a private Philippine expedition surveyed and occupied some of the islands. The Philippines were a trusteeship of the Allied powers at the time and the guarantee of Allied protection kept the Philippines from garrisoning troops on its islands. However, as that guarantee weakened the Philippines decided to beef up its defense. In 1976, it set up a garrison on Palawan and in 1978 it established more soldiers on seven of the islands. There are currently about 1,000 Marines stationed on the islands. In 1979, the Philippines stated that it only wanted control of the seven islands under its control and administration and not the rest of the archipelago. 2. Description Malaysia has been involved in the dispute since 1979. It currently has control over three of the islands but claims the whole chain. Malaysiaws case is based on the fact that the islands are part of its continental shelf. This gives it right to the islands under the Law of the Sea Convention. Brunei's claims to the island also rest on the Law of the Sea. It states that the southern part of the Spratly chain is actually a part of its continental shelf and therefore its territory and resources. Taiwan has maintained a garrison on the biggest of the islands since 1956. Its claims to the island are based on its assertion that Taiwan and its Kuomintang government are the true China. Both Taiwan and the People's Republic of China say that the islands were discovered by Chinese navigators, used by Chinese fishermen for centuries, and under the administration of China since the 15th century. Further, the Kuomintang sent a naval expedition to the islands and took formal possession in 1946. It left a garrison on the largest island of Itu Aba. However, since Taiwan claims to be the true China, it believes the islands belong to it and not to the PRC. Its main concern is that China alone or China and Vietnam will gain control and thus, have a monopoly on the South China Sea. China and Vietnam are the main protagonists in the dispute. Vietnam claims to the islands--which they call the Truong Sa islands--are part of the empire of Annam, Vietnam's ancestor, in the l9th century. In 1815, an expedition sent by king Gia Long to chart sea lanes occupied and settled the islands. The French, who were Vietnamws colonial rulers, annexed the Spratlys in 1933, so Vietnam says the islands are theirs as the inheritors of the French possessions. In September 1973, Vietnam declared that the Spratlys were part of the Phuoc Tuy province. It has since stated that the Philippines are occupying part of its territory. Vietnam currently holds three islands. China's claims to the island are based on the same history as Taiwan's claim. The PRC government maintains that it is the legitimate Chinese government and that, therefore, the islands--which they call the Nansha islands--are their territory. They have been the most belligerent in pursuing their claim. The dispute between China and Vietnam picked up in 1988. Chinese naval vessels sailed into the Spratlys in January 1988 and Chinese marines started building defenses on one of the largest islands--the first time China has settled soldiers on the islands. In March, fighting broke out between Vietnam and China and China sunk two Vietnamese ships. While they have moved to more political means of dealing with the dispute, tensions remain high in the area. Confrontation surfaced again when China contracted with a US firm to begin testing for oil sights, even though the territorial issue remains far from solved. Occassional harassment of fishermen by all sides continues as well. Each of the six countries maintains its claim to all the islands. The protagonists have been discussing the possibility of shelving the sovereignty issue to undertake joint development of its resources and have sent a joint scientific team to run tests on resource potential. The dispute has not been taken to any official forum as of this date. Indonesia tried to start talks among the disputants. Jakarta believed that as a non-involved Asian country, it could be an impartial mediator. No decisions on sovereignty were reached at the meetings but the disputants did agree to send a scientific team to the islands to assess their resource potential and the environmental condition.

The latest friction caused by Chinese navy's way of patrolling and showing of force in the Spratly Islands against other claimant nations the Philippines, Vietnam, Malaysia, Brunei, and Taiwan clearly show what is to be anticipated as the China expansionist program. It is a tactical move for the Chinese government to gain full control and ownership of these islands to further its interests both commercially and militarily. Almost all ships going out of the Strait of Malacca heading for Japan, Taiwan, or anywhere northwest or northeast will pass through this route especially for commercial purposes. Spratly will serve as a military base therefore making the mainland China safer and to deter any possible foreign attack coming eastward especially that one of the United States with any of its aircraft carrier positioned anywhere in the vast Pacific ocean. Aside from that, the Spratly is very rich in natural resources. Natural gas could be mined under its deep waters in abundance. No wonder why many a nation will have to claim and own these islands as part of their territories. But who really owned the Spratly islands? The Philippines claimed and owned at least eight of the islands in the Spratly called the Kalayaan group of islands. Kalayaan is the Tagalog word for freedom. The largest island in the Kalayaan group of islands is called "Pag-asa" which in English means hope. China cites history--to have owned the islands--dating back to the Tang dynasty by which it has also long ago abandoned. The Vietnamese, on the other hand, believed that the islands have been long ago conquered by their ancestors. Spratlys remain a source of tension among the claimants. The 1898 Treaty of Peace between Spain and the United States declared: Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line: A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4 [degree symbol] 45']) north latitude, thence along the parallel of four degrees and forty five minutes (4 [degree symbol] 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 [degree symbol] 40') north, thence along the parallel of latitude of seven degrees and forty minutes (7 [degree symbol] 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning.The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty. Significantly, the Spratlys lie within those lines demarcated within the treaty limits.