The Truth Behind China's Claims Over Scarborough Shoal

By Mia Russell

      The Philippine claim over the Scarborough Shoal (Bajo de Masinloc) is based on judicial criteria established by public International law on the lawful methods for the acquisition of sovereignty. The criteria consists of the following:

• Effective occupation
• Cession
• Prescription
• Conquest
• Accretion

        The Philippines has said that they have exercised both effective occupation and effective jurisdiction over Scarborough Shoal and its independence. But before I start reasoning out why China's claims are invalid, here are a few things that should be cleared out. 

        First of all, Scarborough Shoal is NOT an island, and also not part of the Spratlys. But several rocks of the shoal are situated on the North of Spratlys. Second, the name itself Bajo de Masinloc was a name given to the shoal by the Spanish colonizers. The Scarborough Shoal is 124NM from the Philippines, Zambales to be exact, and is more than 500NM from Hainan, China. Thus, the shoal is within the 200NM EEZ and 200NM Continental shelf of the Philippines. China believes that the Scarborough Shoal is considered their territory according to China's 9-dashed line. The 9 dash line refers to the demarcation line used by China for their claims of the major part of the South China Sea. The contested are in the SCS includes the Paracel Islands, the Spratly Islands, other various areas including the Pratas Islands and most especially, the Scarborough Shoal. But as a matter of fact, China is the only country in the world that recognizes the 9-dashed line claim. 

         So to start, China hasn't been telling us historical facts, but they have been telling us lies. In a recent talk at the De La Salle University, titled “Historical Facts, Historical Lies and Historical Rights in the West Philippine Sea,” Supreme Court Associate Justice J. Antonio Carpio noted China has used its 9-dashed line argument to claim the whole South China Sea as its territory, even though “there is nothing “historical” or “right” about China’s 9-dashed line claim. Carpio presented several ancient Chinese maps, some dating as far back as 960 AD, which showed that China’s territory reached only as far south as Hainan island. Even in a September 1932 Note Verbale to France, where in Beijing protested the French occupation of the Paracel Islands, “China has been telling the world that its southernmost border was Hainan Island.”  Based on the same ancient maps, he said the Spratly Islands and Scarborough Shoal never appeared in any Chinese dynasty maps. The Spratlys are more than 600 nautical miles from Hainan Island and Scarborough Shoal is 500 nautical miles, which makes both of them at the other end of the South China Sea. China had insisted that Scarborough Shoal is Nanhai Island, where Chinese explorer Guo Shoujing from the Yuan Dynasty built a celestial observatory in the year 1279, but Carpio described this as a “double lie.” Carpio said in 1982, China itself officially declared that Nanhia Island was in the Paracel Islands – more than 380 nautical miles away from Scarborough Shoal. Carpio argued it is physically impossible to build an observatory on Scarborough Shoal when it was just a rock, with no vegetation and did not even have enough space to accommodate an expedition party. “It is quite ridiculous to claim that the famous Chinese astronomer-engineer -mathematician would visit and write for posterity about a few barren rocks that barely protruded above water at high tide,” he quipped, adding that there is no historical record of a Chinese expedition to Scarborough Shoal. On the other hand, numerous ancient maps, made by both Westerners and Filipinos form 1636 to 1940, consistenly show that Scarborough Shoal has always been part of Philippine territory, Carpio said. “Scarborough Shoal has never appeared in a single ancient Chinese map throughout the long history of China.” China's assertion based on Historical claims must be substantiated by a clear historic title noted by the International Law. A claim by itself, including historical claim could NOT be a basis for claiming territory. 

        Another claim of China is that they have the Freedom of Navigation. Yes, they obviously do have the Freedom of Navigation but they most certainly cannot go against the internationally recognized rights of the Philippines to exploit the resources within in its 200NM EEZ.

        The Chinese have also claimed that the Scarborough Shoal has been a traditional fishery place for the Chinese fishermen for decades. But then once again, under international law fishing rights is NOT a mode of acquiring sovereignty over an area. And it can also barely be called fishing because evidence shows that the Chinese are harvesting endangered species which is illegal in the Philippines and under International law.

       China has been feeding the world with lies and invalid claims have been set on the table, and it's just about time we do something about it.

Works Cited:
   Markwith, Taylor. American.edu. "Invalid claims by China". http://www1.american.edu/ted/ICE/scarborough.html

   Sta. Ana, Maria. Interaksyon.com "HISTORICAL LIE | Spratlys, Scarborough Shoal not in China's ancient maps - Justice Carpio" http://www.interaksyon.com/article/88736/historical-lie--spratlys-scarborough-shoal-not-in-chinas-ancient-maps-justice-carpio