MANILA: China to Philippines: Quit Scarborough Shoal

Apr 18, 2012 Full story: Asia News Network 15,220

China has asked all Philippine vessels to leave immediately Scarborough Shoal and sent a second aircraft buzzing over the area to scare away Filipino fishermen, officials said yesterday.

Full Story
thetruth

United States

#44 Apr 21, 2012
Bajo de Masinloc (Scarborough Shoal) is not an
island. Bajo de Masinloc is also not part of the
Spratlys.
Bajo de Masinloc (Scarborough Shoal) is a ring-
shaped coral reef, which has several rocks
encircling a lagoon. About five of these rocks are
above water during high tide. Of these five rocks,
some are about 3 meters high above water. The
rest of the rocks and reefs are below water during
high tide.
Bajo de Masinloc’s (Scarborough Shoal’s) chain of
reefs and rocks is about 124 NM from the nearest
coast of Luzon and approximately 472 NM from
the nearest coast of China. Bajo de Masinloc is
located approximately along latitude 15º08’ N
and longi¬tude 117º45’E. The rocks of Bajo de
Masinloc are situated north of the Spratlys.
Obviously therefore, the rocks of Bajo de Masinloc
is also within the 200 NM EEZ and 200 NM
Continental Shelf (CS) of the Philippines.
A distinction has to be made between the rock
fea¬tures of Bajo de Masinloc and the larger body
of water and continental shelf where the said
geological features are situated. The rights or
nature of rights of the Philip¬pines over the rock
features of Bajo de Masinloc is different from that
which it exercises over the larger body of water
and continental shelf.
The Philippines exercises full sovereignty and
jurisdiction over the rocks of Bajo de Masinloc,
and sovereign rights over the waters and
continental shelf where the said rock features of
Bajo de Masinloc are situated.
The basis of Philippine sovereignty and jurisdiction
over the rock features of Bajo de Masinloc is
distinct from that of its sovereign rights over the
larger body of water and continental shelf.
The Rock Features of Bajo de Masinloc: Basis
of Philippine Sovereignty under Public
International Law
The basis of Philippine sovereignty and jurisdiction
over the rock features of Bajo de Masinloc is not
premised on the cession by Spain of the
Philippine archipelago to the United States under
the Treaty of Paris. The matter that the rock
features of Bajo de Masinloc are not included or
within the limits of the Treaty of Paris as alleged
by China Bajo de Masinloc is an integral part of
the Philippine (PH) territory. It is part of the
Municipality of Masinloc, Province of Zambales. It
is located 124 nautical miles west of Zambales
and is within the 200 nautical-mile Exclusive
Economic Zone (EEZ) and Philippine Continental
Shel
thetruth

United States

#45 Apr 21, 2012
Foreign Office: UN law says
Scarborough belongs to PHILIPPINES...

The disputed Scarborough Shoal in the South
China Sea is Philippine territory, contrary to
Beijing’s claim that it belongs to China, according
to Foreign Secretary Albert del Rosario.
The Foreign Office’s chief diplomat cited on
Wednesday the Archipelagic Baselines Law
passed in 2009 that said Scarborough Shoal is
part of the “regime of islands” of the Philippines
based on Article 121 of the United Nations
Convention on the Law of the Sea (Unclos).
He said China’s historical claim that the shoal was
discovered during the Yuan Dynasty should be
backed by historical titles based on public
international law.
“Under international law, the modes of acquiring
a territory are discovery, effective occupation,
prescription, cession and accretion,” del Rosario
added.
“For a historical claim to mature into a historical
title, a mere showing of long usage is not
enough,” he said.
The Philippines earlier dared China to bring the
row over Scarborough Shoal to the Hamburg-
based International Tribunal on the Laws of the
Sea (Itlos). But Beijing said that not only the shoal
but also the rest of the other disputed areas in
the South China Sea belong to China.
Del Rosario also contested another claim of the
Chinese government that the shoal—also called
Bajo de Masinloc and Panatag Shoal—are
traditional fishing waters of Chinese fishermen.
But he said fishing right is not a mode of
acquiring sovereignty over an area but an
economic activity.
Del Rosario added that Chinese fishermen
confronted recently by the Philippine Navy were
poachers of endangered marine species.
He said deployment of Chinese surveillance
military ships around the shoal, which is within
the 200 nautical mile exclusive economic zone of
the Philippines,“is inconsistent with [the
Philippines’s] right of freedom of navigation and
violates sovereign rights of the Philippines under
Unclos.
ASEAN

United States

#46 Apr 21, 2012
I hope that the following countries in southeast
asia Vietnam, Brunei, Malaysia will get together
and proclaim their right of sovereignty.
concern

United States

#47 Apr 21, 2012
it is high time to stop China bullying.
The leadership in China is high in power like high
in drugs.
Like South Korea let us not bend our knees to this
atrocity.
i have chinese blood but what the present
leadership of china makes me ashamed of them.
Train all able men for the enevitable war.
Let us claim what is ours.
juan dela cruz

United States

#48 Apr 21, 2012
No longer should we rely on our allies, no longer
should we be treated as weak, as inferior
race..Filipinos unite! Let us stand up as Filipinos,
we deserve to be treated with dignity and respect
by other countries and other races.
Let us bring back our CAT and ROTC..and we
must take our training seriously, as if tomorrow
the Philippines will be engaged in a war. This is
not an exaggeration, rather a preparation. Better
be prepared than sorry.
High time to teach ourselves and our children the
fundamentals in national pride, nationalism and
patriotism...as part of character building from
grade school onwards...
Let us be very ready, let us fight for our pride, we
are strong, we should not be taken lightly,
because we are the high and mighty Filipinos!
china stop

United States

#49 Apr 21, 2012
It is high time that all patriotic and concerned
Filipinos DRAW THE LINE and as one nation fight for
their rights and posterity over this disputed island.
We may be a weakling compared to Chinas' military
might but it should not deter us to submit the
sovereignty of our country sitting down without a
fight!
We can do this without firing a shot and still
victorious - THINK and ACT IN UNISON!
RayH

Shenzhen, China

#50 Apr 21, 2012
Chin Peng wrote:
<quoted text>
Is that why chinks send over 60,000 chinamen to study in the US? You're a funny Chinaman with the same tofu chinamen logic for over 500 years. Trade imbalance doesn't make China rich, you hallucinate too much! Why are we having this conversation in English and not bing ding dong ching chong bang wang Mandarin? LOL
Because Chinamen language is damn ugly to hear!!! LMAO! All jokes aside, English is the language of commerce, international law, aviation, and science!!
How come no one wants to watch chinamen movies or listen to chinamen music????
Because the world think chinamen are too damn ugly to watch and chinamen music is too damn ugly to hear! ha ha ha :)))
No wonder even Chinamen don't want to be Chinamen but ching chong have to steal from Hollywood movies because Chinamen lack imagination and creativity to create their own movies to watch!
I'm sorry you were born Chinese. It is not my fault! Face reality, the only way for Chinamen to enter the modern world is to coattail from the accumulated knowledge the West has.. That's reality!:)
Btw, 2 chinamen students got capped at USC! So sad, but why they come to US? No likeee Ching chong university?
Looks like you'll have a hard time adapting to the Asian Century that we're in now. Too bad, for you, as that's the rest of your days.
RayH

Shenzhen, China

#51 Apr 21, 2012
concern wrote:
it is high time to stop China bullying.
The leadership in China is high in power like high
in drugs.
Like South Korea let us not bend our knees to this
atrocity.
i have chinese blood but what the present
leadership of china makes me ashamed of them.
Train all able men for the enevitable war.
Let us claim what is ours.
Have you tried self-immolation?
GAY BOB

Mount Pleasant, TX

#52 Apr 21, 2012
one eyed dragon wrote:
<quoted text>Ha ha ha suddenly you can read posts!! ha ha! China same as Phillipines except lady boy!! Philippines have cut off! No need, mother and sister like white meat and Korea meat, malay muslim meat now! 100 peso each!! Ladybot harvey go to work with mother and sister! 100 peso each, very rich. Live next to Chinese in Makati!!
Ha ha ha!
Go steal something!!
I have a big one eyed trouser trout just for you!

You may eat the eggs also, wow 24 million chinese men without wife, will never marry, bend over now!!

Drip Drip...
GAY BOB

Mount Pleasant, TX

#53 Apr 21, 2012
china stop wrote:
It is high time that all patriotic and concerned
Filipinos DRAW THE LINE and as one nation fight for
their rights and posterity over this disputed island.
We may be a weakling compared to Chinas' military
might but it should not deter us to submit the
sovereignty of our country sitting down without a
fight!
We can do this without firing a shot and still
victorious - THINK and ACT IN UNISON!
Good fight away but do it without USA monkey head, speaking of head you want to give me some?

Drip Drip...
china I dare you

United States

#54 Apr 21, 2012
The philippines decision to bring the matter to the
International Tribunal on the Law of the Seas
(ITLOS). But china rejected it... China is a big country but their people are damn ugly...
china stop

United States

#56 Apr 22, 2012
GAY BOB wrote:
<quoted text>
Good fight away but do it without USA monkey head, speaking of head you want to give me some?
Drip Drip...
You like it or not philippines and usa are allies. The Mutual Defense Treaty Between the Republic
of the Philippines and the United States of
America was signed and ratified on August 30,
1951 in Washington, D.C. between
representatives of the Philippines and the United
States. The overall accord contained eight articles
and dictated that both nations would support
each other if either the Philippines or the United
States were to be attacked by an external
party.
warfreak

Quezon City, Philippines

#57 Apr 22, 2012
HISTORY ITSELF SPEAKS THAT CHINA HAS NO BASIS TO CLAIM OUR ISLANDS Scarborough ShoaL... CHINESE SI SO SUPID TO INSIST THAT THEY ARE CLAIMANTS OF THIS ISLAND...CHINESE IS IDIOTS AND MORONS TO TELL THAT THIS ISLAND BELONGS TO PHILIPPINES IS THEIRS.. BUT NOT... TRY TO MEASURE THE DISTANCE OF THE Scarborough ShoaL FROM NEAREST PROVINCE OF CHINA WHICH IS FAR FAR VERY FAR AND IT APPROXIMATELY 890KM WAY FROM THIS ISLAND WHILE PHILIPPINES COASTAL LINE IS VERY VERY NEAR TO THIS ISLAND WHICH IS APPROXIMATELY 250 KM AWAY.. SO WHY CHINAS INSIST THAT THIS IS THEIR TERRITORIAL WATERS... YOU CHINESES BOOM BOOM SO IDIOTS IN HISTORY ..TRY TO READ YOUR OWN HISTORY AND THEN TRY TO LEARN MATHEMATICS..PHHYSICS AND ALL MATHEMATICAL MEASURES TO PROVE THAT YOUR COUNTRY HAS A CLAIM TO OUR SCARBOROUGH SHOAL....
ABSOLUTELY CHINA HAS NO BASIS FOR THE U SHAPE AND SO CALLED 9 NINE DASHES TERRITORIAL CLAIM.. YOU GREED AND IDIOTS..THIS IS NOT A MATTER OF ALLIANCE WITH US ..ITS A MATTER OF RIGHTS ..PHILIPPINES HAS ALL THE RIGHTS TO CLAIM ...BUT NOT CHINA...
warfreak

Quezon City, Philippines

#58 Apr 22, 2012
CHINESE IS A BRAINLESS....THEY DID NOT KNOW THEIR HISTORY AND GEOGRAPHY....
ajo de Masinloc later became a site of Philippine
activities and has been the subject of certain
laws. This, said the Philippines' position paper,
means the country “has exercised both effective
occupation and effective jurisdiction over Bajo de
Masinloc since its independence.”
The Philippine position paper enumerates
activities like the installment of Philippine flags on
Scarborough Shoal in 1965 and 1997; the
construction of a lighthouse on one of the shoal's
islets in 1965; its use for defense purposes; and
its classification as a regime of islands under the
amended Archipelagic Baselines Law in 2009.
International law expert Harry Roque says
effective occupation refers to “any evidence that
there is a sovereign exercising its powers over the
territory,” while effective jurisdiction refers to the
“exercise of legal competence.”
Effective occupation and jurisdiction refer to land,
however, and are not covered by Unclos. Since
the land of Bajo de Masinloc is merely composed
of rocks, the more significant part of the
Philippines' claim, Roque explains, is the sea.
ROCKY SANDBAR. The Philippines and China fight
over Scarborough Shoal due to its potential for
natural resources, among other things.
The Philippines stresses its ownership of the
waters within the vicinity of Bajo de Masinloc
covered by the country's 200-nautical-mile (NM)
exclusive economic zone (EEZ) and continental
shelf.
Based on the Unclos, the EEZ is the area 200 NM
from the country's baselines or “edges” within
which it has the sovereign rights to explore and
exploit, and conserve and manage natural
resources, among others.
Meanwhile, the continental shelf comprises the
seabed and subsoil of the submarine areas 200
NM from the country's baselines.
Bajo de Masinloc is 124 NM from the nearest coast
of Luzon and 472 NM from the nearest coast of
China. This means Bajo de Masinloc falls within
the Philippines' 200-NM EEZ and continental
shelf.
“Bajo de Masinloc is an integral part of Philippine
territory,” the Philippines says.
thetruth
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#44
7 hrs ago
Bajo de Masinloc (Scarborough Shoal) is not an
island. Bajo de Masinloc is also not part of the
Spratlys.
Bajo de Masinloc (Scarborough Shoal) is a ring-
shaped coral reef, which has several rocks
encircling a lagoon. About five of these rocks are
above water during high tide. Of these five rocks,
some are about 3 meters high above water. The
rest of the rocks and reefs are below water during
high tide.
Bajo de Masinloc’s (Scarborough Shoal’s) chain of
reefs and rocks is about 124 NM from the nearest
coast of Luzon and approximately 472 NM from
the nearest coast of China. Bajo de Masinloc is
located approximately along latitude 15º08’ N
and longi¬tude 117º45’E. The rocks of Bajo de
Masinloc are situated north of the Spratlys.
Obviously therefore, the rocks of Bajo de Masinloc
is also within the 200 NM EEZ and 200 NM
Continental Shelf (CS) of the Philippines.

The basis of Philippine sovereignty and jurisdiction
over the rock features of Bajo de Masinloc is not
premised on the cession by Spain of the
Philippine archipelago to the United States under
the Treaty of Paris. The matter that the rock
features of Bajo de Masinloc are not included or
within the limits of the Treaty of Paris as alleged
by China Bajo de Masinloc is an integral part of
the Philippine (PH) territory. It is part of the
Municipality of Masinloc, Province of Zambales. It
is located 124 nautical miles west of Zambales
and is within the 200 nautical-mile Exclusive
Economic Zone (EEZ) and Philippine Continental
Shel
boondock saint

Circleville, OH

#59 Apr 22, 2012
enjoy !



Free southern China!!
warfreak

Quezon City, Philippines

#60 Apr 22, 2012
The Nine-dotted line was originally an "eleven-dotted-line" first indicated by the then Kuomintang government of the Republic of China in 1947 for its claims to the South China Sea.[3] After the Communist Party of China took over mainland China and formed the People's Republic of China in 1949, the line was adopted and revised to nine as endorsed by Zhou Enlai.[3]. No country, including Southeast Asian countries or their past rulers, protested or challenged the validity of the 9-dash line from 1947 to 1970s.

The dotted line has been used by China as the maximum extent of its claim.[3] However, the dotted lines do not show how the lines would be joined if it was continuous and the extent of area claimed by China.[3] The 9-dotted-line has been officially protested by the Philippines, Vietnam, Malaysia, Brunei and Indonesia.[4] Immediately after China submitted to the UN a map including the 9-dotted lines territorial claim in the South China Sea on May 7, 2009, the Philippines lodged a diplomatic protest against China for claiming the whole of South China Sea illegally. Vietnam and Malaysia filed their joint protest a day after China submitted its 9-dash line map to the UN. Indonesia also registered its protest, even though it did not have a claim on the South China Sea.[1]
warfreak

Quezon City, Philippines

#61 Apr 22, 2012
China’s 9-dash line territorial claim over the entire South China Sea is against international laws, particularly the United National Convention of the Laws of the Sea (UNCLOS)".[5] Vietnam also rejected the 9-dotted line claim, citing that it is baseless and against the UNCLOS.[6] In 2010, at a regional conference in Hanoi, Secretary of State Hillary Clinton announced that "The United States has a national interest in freedom of navigation, open access to Asia's maritime commons, and respect for international law in the South China Sea".[7]
Some scholars believe that this line cannot be considered as a maritime boundary line because it violates international law which states that a national boundary line must be a stable and defined one. The 9-dotted line is not stable because it has been reduced from 11 to 9 dashes in the Gulf of Tonkin as endorsed by Zhou Enlai without any reasons given. It is also not a defined line because it does not have any specific geographic coordinates and does not tell how it can be connected if it was a continuous line.[8]
According to the Kyodo News, in March 2010 PRC officials told US officials that they consider the South China Sea a "core interest" on par with Taiwan, Tibet and Xinjiang[9] In July 2010 the Communist Party-controlled Global Times stated that "China will never waive its right to protect its core interest with military means"[10] and a Ministry of Defense spokesman said that "China has indisputable sovereignty of the South Sea and China has sufficient historical and legal backing" to underpin its claims.[11]
At the Conference on Maritime Study organized by the US-based Center for Strategic and International Study (CSIS) in June 2011, Dr. Su Hao from the China Foreign Affairs University in Beijing delivered a speech on China’s sovereignty and policy in the South China Sea using history as the main argument. However, Dr. Termsak Chalermpalanupap, Assistant Director for Program Coordination and External Relations of the ASEAN Secretariat, said:“I don’t think that the 1982 United Nations Convention on the Law of the Sea (UNCLOS) recognizes history as the basis to make sovereignty claims”. This view that history is not the basis for soverignty claim over waters is agreed by Prof. Peter Dutton from the US Naval War College who commented that “The jurisdiction over waters does not have connection to history. It must observe the UNCLOS”. He did not agree with the explanation of China of the meaning of the 9-dotted line related to history. Dr. Dutton further stressed that using history to explain sovereignty erodes the rules of the UNCLOS.[12] It is understood that China ratified the UNCLOS in 1982.
Maritime researcher Carl Thayer, Emeritus Professor of Politics of the University of New South Wales, said that Chinese scholars using historical heritage to explain its claim of sovereignty shows the lack of legal foundation under the international law for the claim.[citation needed] Caitlyn Antrim, Executive Director, Rule of Law Committee for the Oceans of the USA, commented that "The U-shaped line has no ground under the international law because [the] historical basis is very weak". She added "I don’t understand what China claims for in that U-shaped line. If they claim sovereignty over islands inside that line, the question is whether they are able to prove their sovereignty over these islands. If China claimed sovereignty over these islands 500 years ago and then they did not perform their sovereignty, their claim of sovereignty becomes very weak. For uninhabited islands, they can only claim territorial seas, not exclusive economic zones (EEZ) from the islands”.
warfreak

Quezon City, Philippines

#62 Apr 22, 2012
The People's Republic of China and the Republic of China (Taiwan) claim that the shoal was first discovered and drawn in a map in the Yuan Dynasty as early as 1279 and was historically used by Chinese fishermen. In 1279, Guo Shoujing, a Chinese astronomer, performed surveying of the South China Sea, and the surveying point was reported to be the Scarborough Shoal. In 1935, China regarded the shoal as part of the Zhongsha Islands.[4] In 1947, the shoal was given the name Minzhu Jiao. In 1983, it was renamed Huangyan Island with Minzhu Jiao reserved as a second name.[5] In 1956, China protested Philippine remarks that South china Sea islands in close proximity to Philippine territory should belong to the Philippines. China's Declaration on the territorial Sea, promulgated in 1958, says in part,

The breadth of the Territorial Sea of the People's Republic of China shall be twelve nautical miles. This applies to all territories of the People's Republic of China, including the Chinese mainland and its coastal islands, as well as Taiwan and its surrounding islands, the Penghu Islands, the Dongsha Islands, the Xisha Islands, the Zhongsha Islands [italics added], the Nansha Islands and all other islands belonging to China which are separated from the mainland and its coastal islands by the high seas.[6]
Like ·
warfreak

Quezon City, Philippines

#63 Apr 22, 2012
China can't prove Spratlys claim

MANILA, Philippines - Chinese authorities have failed to identify specific historical evidence backing Beijing's claims that it owns disputed islands in the West Philippine Sea, a confidential US embassy cable published by anti-secrecy group WikiLeaks said.

Cable 08BEIJING3499, sent to Washington by the US embassy in Beijing in September 9, 2008, said a Chinese Ministry of Foreign Affairs (MFA) official and a local scholar could not identify specific historical records to justify China's "Nine Dashes" claim that covers the whole Spratlys and areas within other countries' exclusive economic zones (EEZs).

MFA Department of Treaty and Law Oceans and Law of the Sea Division Deputy Director Yin Wenqiang told a US embassy political officer on August 30, 2008 that "China has indisputable sovereignty over the islands in the South China Sea and the adjacent waters."

However, the US official said "Yin admitted he is not aware of the historical basis for the 'Nine Dashes'" and only mentioned unspecified "Chinese historical documents" that indicate the basis for China's claims on territory west of the Philippines, according to the cable.

The US official also talked to Beijing University Asia scholar Yang Baoyun about China's claims.

Yang said China's claims "date back to ancient times, prior to the development of the modern nation-state."

"Neither MFA's Yin nor Beijing University's Yang could specify a historical document that indicated the basis for the demarcation of the 'Nine Dashes'," the cable added.

Yang referred to a 2000 MFA "white paper" on the Spratlys. "However, the white paper devotes little attention to the history of the "Nine Dashes," providing, for example, only vague references to areas frequented by Chinese fisherman from Hainan," the memo said.

China skirts UN pact

Although China is a signatory to the 1982 UN Convention on Law of the Sea (UNCLOS), it will not attempt to verify its claims before the mechanism, said the MFA official as quoted by the US memo.

"China will not refer its SCS [South China Sea] claim to dispute settlement procedures established in UNCLOS, because, Yin said,'it is not in China's tradition' to submit to such compulsory or binding decision mechanisms," the cable said.

"When queried as to why China acceded to UNCLOS, Yin commented that China became a signatory nation because neighboring countries in the SCS joined, and China believes its SCS claim is not threatened by UNCLOS," it added.

While China declared a 12-nautical-mile baseline around the Paracel Islands and along its mainland coast in 1996, Yin said his government China has no plans to declare a baseline around any of the Spratly Islands, the memo revealed.

The Chinese official said his country's claim "came much earlier than UNCLOS" and "UNCLOS cannot clarify everything."
warfreak

Quezon City, Philippines

#64 Apr 22, 2012
mumbayphil wrote:
1) phil official, what a shame, scarborough belongs to China forever, you can not wake up this morning and suddenly claims that it is yours. back off, phil boats
2) for many centuries, the scarborough belongs to China and is China territories.
3) the phil political map during spanish time or american time does not include scarborough. until now it does not include scarborough.
4) phil does not own scarborough before, now , or in the future, scarborough belongs to China.
YOU BASTARD... YOU DONT HAVE LEGAL AND HISTORICAL BASIS OF CLAIMING SCARBOROUGH SHOAL... YOU BETTER SHUT UP.. YOU BRAINLESS STUPID JERK CHINESE..... WE ARE SAYING THAT OTHERS CLOSE TO OUR CIASTAL LINE IS OURS... BY CHINA IS SO VERY VERY FAR TO THIS SCARBOROUGH ..WHY CLAIM IT... ABSOLUTELY.... CHINA HAS NO RIGHT TO CLAIM IT.. ITS OURS FOREVER UNTIL THE LAST GENERATIONS WE HAVE...WE ARE ON THE RIGHT ..WHATEVER IT TAKES .. THIS ISLANDS BELONGS TO US...NOT FOR CHINA...YOU GET IT...
I AFFIRMED YOU THAT IN THE LAST AND IN THE NED..' WHAT BELONGS TO US ..BELONGS TO US... WE TAKE CARE OF IT....'

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