Midterm Paper in PHIFOCY

10853944 Midterm Paper in PHIFOCY: The South China Sea 07/19/10

The South China Sea, considered as one of the largest sea bodies after the five oceans around the world, has an important role in the Southeast Asian region, specifically on the region’s security. In addition, the South China Sea also possesses a significant strategic position next to major commercial Sea Lines of Communications and the area’s abundance in hydrocarbons. There is a dire search, of countries, for fossil energy resources. And the Spratly Islands can provide these natural gas and oil resources. With the area’s importance and great role in world affairs and state relations, a country’s possession of such area is, indeed, a great relief and help. But, who owns the South China Sea? The answer…none. Thus, it further escalates the South China Sea conflict.
The conflict, the claimants and their claims
With that much resources and significance that the South China Sea possess, many countries will want to acquire the area. But ofcourse, you cannot just claim a particular area without your justifications or arguments on why such territory belongs to you. Even though there is no world government, there are certain international agreements and laws that countries should abide. These agreements were made by the countries, themselves, due to the prevailing expectance of such conflicts or issues. The United Nations, an international organization with the largest number of member countries, is the leading arena where the countries can dialogue with each other regarding their concerns or issues.
The South China Sea has, undoubtedly, claimant countries. These are China, Taiwan, Malaysia, Brunei, Vietnam, Cambodia, Thailand, Indonesia and our very own, the Philippines. The Countries did not differ much. China and Taiwan claims the entire South China Sea. The People’s Republic of China’s claim is based on the maps made during the Han Dynasty, during the 206 BC to AD 220. Indifferently, Taiwan has the same basis on their claim on South China Sea. Thus, they also claim all of the islands and its resources of the Area. Brunei’s and Indonesia’s claim to the South China Sea is limited to their Exclusive Economic Zone or EEZ. But, Indonesia neither claims the Spratly Islands nor the Parcel while Brunei’s EEZ extends to the southern reefs of the Spratly Islands but it has not made any formal claims on the neither the areas of Spratly Islands nor any islands of the Parcels. Thailand and Cambodia, based on their EEZ, both claims the Gulf of Thailand. While the three other claimants, Vietnam, Malaysia and the Philippines claim the Spratly Island, in portions or as a whole. Vietnam claims the entire Spratly Island. In addition, Vietnam also claims the entire Parcel Islands. On the other hand, Malaysia claims three islands in the Spratly’s and also claims the Gulf of Thailand. The latter three countries basis is also their EEZ and the Continental Shelf principle.
After we have known the claimants, their claims and the purposes of their claims, we can see that the all of these countries are geographically located in Asia and the Southeast Asian region. Moreover, most of the basis of the countries for their claim is their Exclusive Economic Zone and the Continental Shelf principle except for China and Taiwan. Thus, the focal point of the conflict is due to the countries’ overlapping EEZ’s.
The Philippine’s claim, Constitutional and historical accounts
The Philippines claim, the most recent one, is based on its EEZ and the Continental Shelf theory, similar to most of the claimant countries basis. In the year 1956, Thomas Cloma, a Filipino national, claimed the Spratly Islands base on discovery. But in the year 1974, Thomas Cloma gave the full sovereignty of the Spratly Islands to the Philippine government. And on June 1978, under an Executive Decree, the Spratly Islands became an official part of the Philippine territory. The decision of the Philippine government for such territorial claim is due to its great proximity or distance to the country. To note, the islands are just a few hundred miles from Palawan. Thus, the acquisition of the territory is very important for the security of the Philippines and its nationals. If a different country will claim the Spratly, then it will be a difficult reality for the Philippine government to deal with. Not unless that other country, claiming the islands, has intensely significant and bonded relations with the Philippines. I can see that the Philippine President, who made the Presidential decree, has considered protecting not only the country’s national interest but also the security of its nationals.
The Spratly Islands is known to the Philippines as the Kalayaan Islands. It is also included in the official maps of the Philippines. Geographically, the Philippines, an archipelagic state, is composed of 7,107 islands and has a land area of 299,764 sq. kilometers. Moreover, the Philippine coastline sums up to 17,500 km. The claim of the Philippines is important also, not only due to security, but also to the country as a whole. If the Kalayaan Islands will not be considered as officially part of the Philippines, the number of islands in the country will be subtracted and the natural resources that will add up to the country will be subtracted as well. Thus, the geographical structure of the Philippine, though not a major one, will have changes. Changes are normal but we should change not for the worst but for the better. The decisions that the President of the country makes indicates his principles and thrusts for the country and its nationals. Moreover, decision making when it comes difficult issues such as territorial claims must be dealt accordingly and properly.
The Philippine Constitution of 1987, the fundamental law of the land, has stipulated in one of its articles the underlining references and ideals on the Philippine Territory. To reiterate, the Philippine Constitution of 1987, Article 1 titled National Territory, says, “The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.” This section of the Philippine constitution has no specific notes or guidelines on the territorial limits and boundaries of the country. But it cited that not only the islands are part of our territory but also the seas and the aerial portions. Moreover, seeing that the constitution has a specific article on its national territory, we can say that there is a certain percentage of regard that the Philippine government has on our territory.
Significance to the Philippines
The Philippine government should have a Foreign Policy on the South China Sea conflict for three concrete reasons.
First, the government should create a policy to enable a strengthened Philippine claim on the South China Sea policy. As compared to other countries it has been said that the Philippines had the weakest claim on the Spratly Islands due to military capabilities as well as the government’s policy and stand on the issue. Moreover, the different administrations who served the Philippines had different stands on the conflict. Former President Fidel V. Ramos was really determined on claiming the island’s sovereignty and he really had a strong stand and justification on the issue. During his administration, the Joint Oceanographic Marine Scientific Research Expedition or JOMSRE was created. It was the third of its kind between the Philippines and Vietnam. JOMSRE I occurred in May 1996 and JOMSRE II occurred in May 2000, whose creation resulted from the meeting of Philippine President Fidel V. Ramos and Vietnamese President Le Duc Anh in 1994. It formalized the initiatives covered in the Informal Workshop on Managing Potential Conflicts in the South China (MPC-SCS) and Part Nine of the United Nations Convention on the Law of the Sea (UNCLOS), which emphasized cooperation among the coastal states bordering on semi-enclosed and territorial seas. Through the policy that the government will make we can really say that they will take the issue seriously and thus, we can achieve better results. An example would be the Chinese government; there is a specific bureau or commission that is entirely focused on the South China Sea Conflict. Therefore, we can say that the Chinese government is dealing the issue strongly and seriously. The government needs and should make policy not just for the sake of claiming the islands but more importantly to ensure that the country and its nationals are safe.
Second, there are various natural resources, such as oil and petroleum reserves, that the country might gain in acquiring the full sovereignty of the islands. Moreover, the island is also a significant maritime route. It is essential in the flow of goods and services, not only in Asia, but in the entire world. It has been reported that there are major oil spills that occurred in the Area. Exacerbating the situation, cases of human and drug trafficking, smuggling of goods, presence of pirates, military-geared activities have also been reported. There was once a nuclear ship of the United States staying in the area. Immediately, the different countries around the South China Sea complained and said that the ship should leave, as soon as possible because it is harmful to the health of the citizens and at the same time, a security concern in Southeast Asia. Due to the great amount of resources that could be outsourced in the islands within the South China Sea, it is no doubt that many countries would want to acquire these territories. In an interview with Aldrich Lim, an AB Photography student of De La Salle-College of Saint Benilde (DLS-CSB) and a resident of Palawan, he said that the Spratly Islands are near to Palawan and if military activities will be conducted there. The government must immediately react. In addition, Lim also stressed that throughout the country, Palawan is the area wherein large amounts of oil deposits could be found. Thus, Shell Company had their drilling site in Palawan. “If there is a great source of oil reserves in Palawan then I can assume that oil in your place is cheaper as compared to other parts of the country, most especially, in Metro Manila?” I asked. Lim answered that the natural gas sold in their place has higher tax as compared to imported oil. Considering that imported oil has added tariffs and Value Added Tax (VAT) already, the natural gas is still higher in value. I was astonished with his answer. The government does not want that the provincial boundary be extended because the income that will be generated from there will be directed to the province and not to the national government, as what it is currently happening. The income generated is not given to the province of Palawan but to the office of the President, which was that of PGMA’s. We can see the great importance if resources and the acquisition of these is a great aid to the country and also to the citizens.
And third, the government should create a policy on the South China Sea conflict because the national security of the Philippines and its citizens is at stake. National security is a major concern. With the strategic geographical position of the Spratly Islands to the Philippines, specifically the islands of Palawan, which is just a few hundred nautical miles away, there is a higher concern on security. I have observed that as the administration of the government changes, from one President to another, the policy or stand of the country regarding the issue also changes. Change is normal because they have different priorities and advocacies but should the foreign policy on protecting our national territory also constantly change? An unstable government is not a good picture to unveil to the international community and most of all to your fellow claimants in the country. We have discussed the eight foreign policy realities of the President Gloria Macapagal (PGMA) administration and we have discussed that the three most important foreign policies that the government should always pursue are economic progress, protection of nationals and political stability, which includes the integrity of our natural territory. During the administration of Fidel Ramos, I would like to reiterate, that he was really determined to claim the Spratly Islands. In the year 1995, former President Fidel V. Ramos declared that the Spratly Islands became a litmus test of China’s great power ambitions. While the Philippine President following him, Joseph Erap Ejercito Estrada identified the issue as a great detriment to the Southeast Asian Region’s security. And recently, President Gloria Macapagal Arroyo did not much give attention to the conflict. As discussed in class, there was even a time when PGMA almost sold the country’s islands. If it was pushed through, there was a great possibility of extensive protests of the people or even a people power due to such an act. Where can you see that a President allows selling of portion of her country’s islands for money or other reasons? The answer: Only in the Philippines. Here we can clearly see, evaluate and analyze the varying stand and policies of the past Presidents of the Republic of the Philippines. The greater question now is, how will President Noynoy Aquino handle the conflict. Will he ensure that the islands’ full sovereignty will be given to the Philippines? Or will he also sell the islands in exchange for some amount of money or multi-million dollar deal? The answer: We will now soon. It is one of the primary duties of the government to ensure that the country and its citizens are protected. It is one of the rights of the Filipino citizens. Thus, it must be given by the State.
Conclusion
With the above-mentioned statements, facts and notes, I believe that the government should make a concrete and long-term foreign policy on the South China Sea. The government must serve the Filipinos. They must ensure that the Filipinos and the entire archipelago are secure. National security, in any part of the world, is an important concern. We must understand that in international relations, there is no world government. Thus, there is no over arching authority above the states. Yet, there is still global governance.
Sources:
Ian Storey, “Creeping Assertiveness: China, the Philippines and the South China Sea Dispute,” Contemporary Southeast Asia, Vol. 21, no. 1 (April 1999), pp. 95-118.
Ralf Emmers, “Maritime Disputes in the South China Sea: Strategic and Diplomatic Status Quo,” Institute for Defense and Strategic Studies Working Paper No. 87, September 2005
Federico Bordonaro, “The Importance of the Spratly Islands.”