China has countered a Philippine diplomatic protest at the United Nations by saying it has indisputable sovereignty over the Spratly islands that the Southeast Asian country "started to invade" in the 1970s.
China's diplomatic note to the UN, a copy of which was seen by The Associated Press, said the Philippine occupation of some islands and reefs in the Nansha islands infringes on China's sovereignty. The Spratlys are known to the Chinese as Nansha islands.
A Philippine protest filed to the UN earlier this month said China's claim to islands, adjacent waters, seabed and subsoil in the South China Sea had no basis in international law. The territorial claims were detailed in a map submitted to the UN in 2009.
The Philippines, China, Brunei, Malaysia, Taiwan and Viet Nam claim in whole or in part the Spratlys - a group of islands, reefs and atolls in the South China Sea believed to be sitting atop vast oil and gas reserves.
Viet Nam and Malaysia filed protests in 2009 against China's map, and Indonesia, a nonclaimant to the disputed territory, also protested last year.
The protests are registered with the UN Commission on the Limits of the Continental Shelf, which will help mediate conflicting claims on territories.
'Totally unacceptable'
China said the contents of the Philippine diplomatic note "are totally unacceptable to the Chinese government".
The Philippines has said the Kalayaan Island Group in the Spratlys was an integral part of the country, which has sovereignty and jurisdiction over nearby waters and geological features under the international law principle that land dominates the sea.
China said the Kalayaan Island Group was part of its Nansha islands and its sovereign and related rights were supported by abundant historical and legal evidence.
It said before the 1970s, the Philippines never made any claims to the islands in a series of treaties defining its territory.
"Since the 1970s, the Republic of the Philippines started to invade and occupy some islands and reefs of China's Nansha islands and made relevant territorial claims, to which China objects strongly," said China's April 14 note to UN Secretary General Ban Ki-moon.
China said the doctrine that a legal right cannot arise from an unlawful act applied, thus the Philippines could not rightfully claim the islands.
Asked for comment, the Department of Foreign Affairs (DFA) of the Philippines said the note verbale sent by the Philippine Permanent Mission to the UN "speaks for itself".
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30 Comments:
the spratly islands is a part OF PHILIPPINE- EXCLUSIVE ECONOMIC ZONE base in the INTERNATIONAL LAW CONDUCT OF SEAS..china occupy some of the small-islet...THE MISCHIEF REEF>>SCABORROUGH REEF>>>some of the REED BANK...they build..structures..a radar system..anti navy ships........a few months ago they harass a goverment oil-exploration vessel.....
the strategy of china is to the use of force...deploying a dosen of patrol vessels... some small-submarine.....
spratly islands is less than 300KM. - MANILA......1200km from CHINA.....open your tiny-eyes
what country is the nearest in these islands? Take a look where China is located in our map.
U jus cant claim sprately islands over documents made by some emperor or somewhat. u base it on international laws agreed by everyone. Philippines is the rightful owner of sprately islands. China is just bullying the Philippines. Never trust the Chinese
philippines cant claim spratly in whole they should consider vietnam that has a right to claim some of the islet located in the outmost region from which is close to their sea's, thu's vietnam and philippine relation long before proven since war happen in vietnam were some of the refugee escape in palawan and well accepted by the philippine gov,.
All of Spratly island belongs to China. It just a fact. We can all just continue to post comments and pretends it's all true.
all of Spratly islands belong to china not Philippines. During Spanish rule the Philippines 16 century to 1898 and American rule the Philippines 1898 to 1946, the Spanish and the American don't know about Spratly island and never mention in the Philippine history about Spratly islands. Philippines independent July 4,1946 up 1970 never say that Spratly islands is belong to Philippines. on 1956 Philippines discover the Spratly islands claimed to own the island so when you a farm lots which has no plants and trees, can you claim that lots is yours of course no because you don't have the documents of ownership as we know World War II end 1945, Spratly islands return to china(ROC). china(ROC)control the spratly island 1946 when civil war end in china 1949 ROC (Taiwan) they moved back to Taiwan Island they withdraw their military china (PROC) is the real owner of Spratly islands
TubbaTaha is the Spratly's original name in the 1425's and is a Sama'l and/or Bajau term meaning "Long dry shores". Its later term was the "Tallian Straits" name after the Maharlika King Luisong Tagean-Tallano who has ownership of the 300,000 sq. miles of present day Philippines inclusive of the Spratly's. RESPECT THIS. Visit facebook: hrh Carpenter Yu Tiamco Arpa-V
Just debate under UN, Ph vs. china & may the truth comes out through legal basis.
"BATTLE OF THE BRAIN"
China is the real Owner of Spratly Islands
One commentator has commented that one Country cannot make a territorial Claim unless you are Close to it and another has commented a Historical Treaty made by some Emperor does not make a Valid Claim.
Let us examine this logically.
1.USA owns Hawai Islands and Samoa and is leasing Diego Garcia.
So USA is so far away from all these Islands and cannot be owner and should give up ownership
2.Britain , owns Diego Garcia Islands and the Falklands Islands, yet it is so far away and The Falklands Islands should be owned by Argentina and Diego Garcia should be owned by INDIA or Malaysia.
Also Britain Owns the Gibraltar Rocks, but is next to Spain, so rightfully Spain should be the owner
3. France owns New Caledonia and French West Indies and French Guiana in South America.
All these Islands should be given up by France
These three Countries are hanging on the ownership, only because of some treaty made by some Emperor hundreds of years ago.
So my friend in the real world ownership of Territories are made according to some Treaty made by some Emperror.
So rightfully China owns the Spratly Islands.The Phillipines are a Vassal State of The USA and is making this Claim on the instructions of The USA. The Phillipines has no foreign policy of its own ,it does what the USA tells it to do.
And how is it a fact? Please provide sufficient evidence to your claim. Well, you must be Chinese, because everyone but your kind agrees that the Philippines is the rightful owner of the Spratly Islands. The Chinese don't even realize how silly their argument is.
"The Phillipines are a Vassal State of The USA and is making this Claim on the instructions of The USA. The Phillipines has no foreign policy of its own ,it does what the USA tells it to do." It's so sad how you don't realize how stupid that sounds. The Philippines had only been a US state until 1946, and has since then ran their own government, with the guidance of the Americans. Well, about your "logical examination," those islands were already legally known as part of whatever country's territory long before an opposing party could throw their arguments--maybe even before certain laws concerning territorial claims were established. I didn't come here prepared. I'm coming back with more info.
Please do research about the International law of seas and for your information Philippines is a recognized country. Even if the US instructed the Philippines, it doesn't matter because Spratly Islands is part of Philippines. Even if those laws were established not so long ago they are still laws therefore they are the rules that should be followed.
You are wrong about the Philippines not having its own policies. Philippines claimed Spratly Islands because it is part of their territory not because of instructions. If you will based it on how far those islands are then surely you should know China is also far from Spratly.
Exactly spanish and American never knew about those islands but those are not from Philippines. Those countries can only decided what is for spain and america not from their colonized countries. Under the law which all countries agreed upon it clearly belongs to Vietnam, malaysia and Philippines, colonial and invasion are a thing of the past.it is time to respect each others territory and people
Those other island are not claiming independence or not claiming them.same as how Scotland refused to break from britian but these islands are being claimed by a country which clearly has territory over them and is unhibited so Philippines are not pushing out any nation inside the island. Spanish and americans made those decision to give the island to china but that is not theirs to give plus the international law that is put in place now.
It's time to respect each culture and freedom to live as they may. These islands clearly belong to vietnam, philippines and malaysia. If chinese have lived in that area then there claims would be valid but it's clear they took it just for the sake of taking it
Well it is stated in the Philippines'1987 constitution Article One: National Territory. And I don't want to state the whole thing. Just read it for yourself. And the country has a right to claim because of this is a law. Well I don't get with the whole emperor thing but do they have documentary evidence of some kind.
Well it is stated in the Philippines'1987 constitution Article One: National Territory. And I don't want to state the whole thing. Just read it for yourself. And the country has a right to claim because of this is a law. Well I don't get with the whole emperor thing but do they have documentary evidence of some kind.
Philippines owned the island........it has been a restimg place of Filipino fishermen long time ago............ Nothing more nothing less Puck Chinese
The Sparty island do not belong to Viet Nam.STOP!.If you refer to the time line history, Vietnamese current written language known as Qouc Ngu that use the Roman alphabet was introduce indroduced by the french missionary less than 200 years ago, before this period the language is called Nom. This Nom spoken language is a combination of Combodia and Chinese and it is currently in used today,the only different between Nom and Qouc Ngu is that right up to the mid eighteen hundreds the Vietnamese languge was written in Madarine Chinese.
Vietnamese students was taught in their geography classes that the Sparty Island is belong to China. President Nguyen Vang Dong signed legal documents to hand over the island to China,therefore if the Vietnamese want to take China to internation Court,they better provide proof that the island is belongs to them.
The land of Ho Chi Minh City the Capital of South Viet Nam,formerly known as Saigon is belong to Combodia.STOP!
After the the second world war the UN was formed and the international zoning was established,this was done not with the agreement with every nations on earth.You have to pay a shit load of money just to have a seat in the UN Security Council. The UN is hopeless anyway,because the US can bully who and when ever they want and UN can not do anything to stop them.
This my view,you are entitle to yours.
Great post and answer
China doesn't recognize international laws. It will get ang territory it wants. That's bad.
China doesn't recognize international laws. It will get ang territory it wants. That's bad.
The Spratt is part of the sultanate of Jolo whose Sultan is a filipino citizen. The sultanate of Jolo was a country by itself just like Brunei. But by Spanish conquest the sultanate of jolo became a part of the Philippines.
The Spratt is part of the sultanate of Jolo whose Sultan is a filipino citizen. The sultanate of Jolo was a country by itself just like Brunei. But by Spanish conquest the sultanate of jolo became a part of the Philippines.
almost all countries sign up in UNCLOS to avoid territorial disputes and china sign up to this also. and if they follow this law of the sea, it means that spratly island is part of the philippines
Spraty Islands belong to philippines because its part of the phillipines' EEZ or exclusive economic zone which extends up to 200 nautical miles
For me, Philippines has the right to claim it. Plus, we just want the Scarborough Reef, while China wants to claim ALL of it. I'm not saying that China is selfish, i'm just stating that the Philippines is willing to give or unclaim the rest of the islands. We only want a part of it, which is the Scarborough Reef.
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