National Territory: Historical Basis for Territorial Claims in West Philippine Sea

Introduction to the West Philippine Sea

  • Definition: The West Philippine Sea (WPS) is the portion of the South China Sea nearest to the Philippines, marked by significant national interest.
  • Administrative Order No. 29: Issued on September 5, 2012, by President Benigno Aquino III, defining WPS which includes:
    • Luzon Sea
    • Kalayaan Island Group (KIG)
    • Bajo de Masinloc (Scarborough Shoal)

Key Concepts in Maritime Sovereignty

  • Maritime Entitlements: WPS corresponds to the waters covered by the Philippine maritime entitlements, which include:
    • Exclusive Economic Zone (EEZ): Extending 200 nautical miles from the baselines of the Philippines.
    • Extended Continental Shelf (ECS): Areas extending beyond the EEZ where the state has sovereign rights.
  • Legal Framework: The naming of WPS does not alter Philippine sovereignty over these areas as stated in Administrative Order No. 29, Section 2.

Geopolitical Context of the South China Sea

  • Boundaries: The South China Sea is bordered by:
    • North: China/Taiwan
    • East: Philippines
    • West and South: Vietnam, Malaysia, Singapore, Indonesia, Brunei.
  • Major Features: Includes various islands and archipelagos, particularly Spratlys, Paracels, and others, leading to multiple overlapping territorial claims.
  • Disputes: Six countries lay claim to parts of the South China Sea, namely:
    • China
    • Taiwan
    • Vietnam
    • Philippines
    • Malaysia
    • Brunei

Historical Claims and Filipino Heritage

  • Austronesian Migration: Began 4,200 years ago, marking the widespread maritime dispersal across the Pacific and Indian Oceans; Filipinos are descendants of Austronesians.
  • Champa Sea: Named after a former maritime empire in Central Vietnam, indicating early maritime history.
  • Historical Claims: Various historical maps—1734 Murillo Velarde, 1808 and 1875 maps—show Philippines' historical claims over Spratlys and Scarborough Shoal.

Disputes in the West Philippine Sea

  • Nature of Disputes: Mainly revolves around sovereignty claims over islands and maritime zones due to UNCLOS regulations established in 1994.
    • Maritime Disputes: Focus on overlapping maritime entitlements, rights to fisheries, and exploration of resources.
    • Territorial Disputes: Concerns sovereignty claims over land territories, including continental land, islands, or rocks.
  • Significance of Bajo de Masinloc: Important fishing ground for local Filipino fishermen, also contested by China.

International Legal Framework and Court Rulings

  • Permanent Court of Arbitration Ruling (July 12, 2016):
    • Landmark case wherein the Philippines won against China's claims over the South China Sea, invalidating China's historical claims by dismissing the applicability of the nine-dashed line.
    • Established the Philippines' full rights over its EEZ in the Spratlys, determining that no geological features within are capable of generating an EEZ.

Constitutional and Treaty Foundations of Philippine Territory

  • Constitutional Definition: Defined in the 1935, 1973, and 1987 Constitutions, specifying territorial limits.
  • Key Treaties:
    • Treaty of Paris (1898): Ceded territory from Spain to the United States.
    • Treaty of Washington (1900): Ceded outlying islands within the Philippines.
    • 1930 Treaty with Great Britain: Defined boundary separating British North Borneo and southern Philippines.
  • Interpretation: The 1734 Murillo Velarde map as foundational evidence for Philippine claims.

Recommendations for Educational and Diplomatic Strategy

  • Educational Initiatives: Incorporate the historical context of Philippine claims, particularly the 1734 Murillo Velarde map, into school curricula.
  • Diplomatic Engagements: Propose arbitration for conflicting territorial issues, aiming for peaceful resolutions with China, Vietnam, and Malaysia.
  • International Advocacy: Present evidence of sovereignty in global forums, promoting awareness and support for the Philippines' territorial integrity.