Scarborough Shoal
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Scarborough Shoal, also known as ''Panacot,'' (" Masinloc Shoal" in Spanish), Huangyan Island (
Mandarin Mandarin or The Mandarin may refer to: Language * Mandarin Chinese, branch of Chinese originally spoken in northern parts of the country ** Standard Chinese or Modern Standard Mandarin, the official language of China ** Taiwanese Mandarin, Stand ...
zh, c=黄岩岛, p=Huáng Yán Dǎo, l=yellow rock island), Minzhu Jiao ( Guoyu zh, c=民主礁, l=Democracy Reef), and Panatag Shoal (), are two skerries between Macclesfield Bank to the west and
Luzon Luzon ( , ) is the largest and most populous List of islands in the Philippines, island in the Philippines. Located in the northern portion of the List of islands of the Philippines, Philippine archipelago, it is the economic and political ce ...
to the east. Luzon is away and the nearest landmass. The atoll is a
disputed territory A territorial dispute or boundary dispute is a disagreement over the possession or control of territories (land, water or airspace) between two or more political entities. Context and definitions Territorial disputes are often related to the ...
claimed by the
Republic of the Philippines The Philippines, officially the Republic of the Philippines, is an archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of 7,641 islands, with a total area of roughly 300,000 square kilometers, which ar ...
through the Treaty of Washington in 1900 via the 1734
Velarde map ''Carta Hydrographica y Chorographica de las Islas Filipinas'' (Spanish language, Spanish, lit. "''Hydrography, Hydrographical and Chorography, Chorographical Chart of the Philippine Islands''"), more commonly known as the Velarde map, is a ma ...
, as well as by the
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
and the
Republic of China Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
(Taiwan). The atolls' status is often discussed in conjunction with other territorial disputes in the South China Sea, such as those involving the
Spratly Islands The Spratly Islands (; zh, s=南沙群岛, t=南沙群島, p=Nánshā Qúndǎo; ; ) are a disputed archipelago in the South China Sea. Composed of islands, islets, cays, and more than 100 reefs, sometimes grouped in submerged old atoll ...
and the 2012 Scarborough Shoal standoff. In 2013, the Philippines initiated arbitration against China under UNCLOS. In 2016, the tribunal ruled that China's historic title within the
nine-dash line The nine-dash line, also referred to as the eleven-dash line by Taiwan, is a set of line segments on various maps that accompanied the claims of the China, People's Republic of China (PRC, "Mainland China") and the Taiwan, Republic of China (RO ...
was invalid but did not rule on sovereignty. The atolls' English name came from Captain Philip D'Auvergne, whose
East India Company The East India Company (EIC) was an English, and later British, joint-stock company that was founded in 1600 and dissolved in 1874. It was formed to Indian Ocean trade, trade in the Indian Ocean region, initially with the East Indies (South A ...
East Indiaman East Indiamen were merchant ships that operated under charter or licence for European trading companies which traded with the East Indies between the 17th and 19th centuries. The term was commonly used to refer to vessels belonging to the Bri ...
''Scarborough'' grounded on one of the rocks on 12 September 1748 before sailing on to China.


Geography

Scarborough Shoal forms a triangle-shaped chain of reefs and rocks with a perimeter of . It covers an area of , including an inner lagoon. The atolls' highest point, South Rock, is above sea level at
high tide Tides are the rise and fall of sea levels caused by the combined effects of the gravitational forces exerted by the Moon (and to a much lesser extent, the Sun) and are also caused by the Earth and Moon orbiting one another. Tide tables ...
. North of South Rock is a channel, about wide and deep, leading into the lagoon. Several other coral rocks encircle the lagoon, forming a large atoll. The atoll is about west of
Subic Bay Subic Bay is a bay on the west coast of the island of Luzon in the Philippines, about northwest of Manila Bay. An extension of the South China Sea, its shores were formerly the site of a major United States Navy facility, U.S. Naval Base Subi ...
. The deep
Manila Trench The Manila Trench is an oceanic trench in the Pacific Ocean, located west of the islands of Luzon and Mindoro in the Philippines. The trench reaches a depth of about , in contrast with the average depth of the South China Sea of about . It i ...
lies between the atoll and Luzon to the east. The nearest land is in Palauig, Zambales, on Luzon, due east.


International laws

The doctrine of intertemporal law was established after the Island of Palmas Case ruling. Under the doctrine, treaty rights are assessed under the laws in force at the time the treaty is made, not at the time a dispute takes place. "Were any island within those described bounds ascertained to belong in fact to Japan, China, Great Britain or Holland, the United States could derive no valid title from its ostensible inclusion in the Spanish cession." International law on claims differ depending on whether the territory is inhabited. In the 1928 Island of Palmas case, for inhabited territories, the court ruled that "although continuous in principle, sovereignty cannot be exercised in fact at every moment on every point of a territory. The intermittence and discontinuity compatible with the maintenance of the right necessarily differ according as inhabited or inhabited regions are involved, or region enclosed within territories in which sovereignty is incontestably displayed or again regions accessible from, for instance, the high seas." For uninhabited territories, the 1931 Clipperton Island case ruled that "if a territory, by virtue of the fact it was completely uninhabited, is, from the first moment when the occupying state makes its appearance there, at the absolute and undisputed disposition of that state, from the moment the taking of possession must be considered as accomplished, and the occupation is thereby completed. e fact that rancehas not exercised her authority there in a positive manner does not imply the forfeiture of an acquisition already definitely perfected." The ruling was affirmed in the 1933 Eastern Greenland case. In the Eastern Greenland Case between Norway and Denmark, the critical date doctrine was established. It was ruled by the Permanent Court of International Justice (PCIJ) that the Norwegian proclamation on 10 July 1931, annexing Eastern Greenland was the "critical date" in that case. Under the principle of ''uti possidetis juris'', all states must respect former colonies' boundaries. This was established after the Frontier Dispute case between Burkina Faso and Mali. The ICJ ruled that ''uti possidetis juris'' is a "general principle, which is logically connected with the phenomenon of the obtaining of independence, wherever it occurs. Its obvious purpose is to prevent the independence and stability of new States being endangered by fratricidal struggles provoked by the challenging of frontiers following the withdrawal of the administering power…Its purpose, at the time of the achievement of independence by the former Spanish colonies of America, was to scotch any designs which non-American colonizing powers might have on regions which had been assigned by the former metropolitan State to one division or another, but which were still uninhabited or unexplored." In international law, maps cannot establish title to territory ''unless'' attached to a treaty. Moreover, maps unilaterally produced by a state, even if not attached to a treaty, can bind the producing state if it is "adverse to its interest". This was established in the 2002 Delimitation of the Border between the State of Eritrea and Ethiopia case, and was affirmed in the Pedra Blanca arbitration between Malaysia and Singapore in 2008, when the ICJ ruled: "The map still stands as a statement of geographical fact, especially when the State adversely affected has itself produced and disseminated it, even against its own interest."


History

Scarborough Shoal is named in English after a British civilian merchant ship, the ''Scarborough'' which grounded on the feature on 12 September 1748. The Philippines believes that it refers to one of the 3 islands, Galit, Panacot, and Lumbay shown off the coast of Central Luzon in the 1734
Velarde map ''Carta Hydrographica y Chorographica de las Islas Filipinas'' (Spanish language, Spanish, lit. "''Hydrography, Hydrographical and Chorography, Chorographical Chart of the Philippine Islands''"), more commonly known as the Velarde map, is a ma ...
, amid other maps depicting Scarborough shoal, Galit, Panacot and Lumbay published in the same timeframe. A number of countries have made historic claims of the use of Scarborough Shoal. In April 1800 it was named Maroona Shoal, after being surveyed by the ''Santa Lucia'', a Spanish frigate, and this name was used on a chart in 1808, but later replaced in the Philippines by the name Bajo de Masinglo. The name Maroona Shoal was still in dual use on marine charts in English in 1889. China said that it has a
Yuan dynasty The Yuan dynasty ( ; zh, c=元朝, p=Yuáncháo), officially the Great Yuan (; Mongolian language, Mongolian: , , literally 'Great Yuan State'), was a Mongol-led imperial dynasty of China and a successor state to the Mongol Empire after Div ...
map and subsequent surveys by the royal astronomer Guo Shoujing during Kublai Khan's reign showing that Scarborough Shoal had been used by Chinese fishermen since the 13th century. In 1734, the Spanish colonial government published the first edition of the Velarde map, showing the territories included in the territory of the
Philippines The Philippines, officially the Republic of the Philippines, is an Archipelagic state, archipelagic country in Southeast Asia. Located in the western Pacific Ocean, it consists of List of islands of the Philippines, 7,641 islands, with a tot ...
. According to the Philippines, the map shows actual sovereignty over the Scarborough Shoal (called ''Panacot'' in the map), and the
Spratly Islands The Spratly Islands (; zh, s=南沙群岛, t=南沙群島, p=Nánshā Qúndǎo; ; ) are a disputed archipelago in the South China Sea. Composed of islands, islets, cays, and more than 100 reefs, sometimes grouped in submerged old atoll ...
(referred as ''Los Bajos de Paragua''), and is the earliest map which shows sovereignty over the said territories. The atolls' current name in English was chosen by Captain Philip D'Auvergne, whose
East India Company The East India Company (EIC) was an English, and later British, joint-stock company that was founded in 1600 and dissolved in 1874. It was formed to Indian Ocean trade, trade in the Indian Ocean region, initially with the East Indies (South A ...
East Indiaman East Indiamen were merchant ships that operated under charter or licence for European trading companies which traded with the East Indies between the 17th and 19th centuries. The term was commonly used to refer to vessels belonging to the Bri ...
''Scarborough'' briefly grounded on one of the rocks on 12 September 1748, before sailing on to China. There are Qing dynasty maps based on 1767 work that show multiple islands in the South China Sea. In 1771, Jean Baptiste Nicholas D. D'Apre de Mannevillette published a map of the China Sea which includes Scarborough Shoal, along with 3 unnamed shoals which are close to the Luzon coast. The Spanish colonial government of the territory of the Philippines launched the first ever survey of Scarborough Shoal on 4 May 1792. The survey, ''Plano de la Navigacion'', was taken by Alejandro Malaspina aboard the ship ''Santa Lucía'', with Filipino comrades. A chart published in 1794, shows Scarborough Shoal in some detail with the date of the grounding incident indicated, while showing Galit, Panacot and Lumbay only as dotted-line outlines. In 1808, the Spanish colonial government published the 1808 ''Carta General del Archipelago Filipino'', showing the sovereign territory of the Philippines, which according to the Philippines included Scarborough Shoal and the Spratly islands, as recognized by the international community. In 1875, a more complete edition of the ''Carta General del Archipelago Filipino'' was published by the Spanish colonial government as the official territory of the Philippines. In 1898, after the Spanish-American War, Spain ceded the Philippines to the United States through the
Treaty of Paris (1898) The Treaty of Peace between the United States of America and the Kingdom of Spain, commonly known as the Treaty of Paris of 1898, was signed by Spain and the United States on December 10, 1898, and marked the end of the Spanish–American Wa ...
, which had maps attached to it. However, Scarborough Shoal, the Spratlys, and parts of Tawi-Tawi remained in Spanish hands as they were excluded in the treaty lines. This led to the signing of the
Treaty of Washington (1900) A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, conventi ...
, which according to the Philippines retroactively ceded Scarborough Shoal, the Spratly Islands, and the remaining parts of Tawi-Tawi to the United States as part of the territory of the Philippines. During the Islas Palmas case, the United States, as representative of the territory of the Philippines, reiterated in a memorandum that the 1875 ''Carta General del Archipielago Filipino'' "is both an American official and a Spanish official map" of Philippine territory. According to the Philippines, this bound the United States on its recognition of the Scarborough Shoal and the Spratly Islands as Philippine territory. From 1899 to 1902, the United States war department in the territory of the Philippines republished and reissued four times the 1875 ''Carta General del Archipelago Filipino'' with the addition of military telegraph lines, military cable lines, eastern cable company lines, and military department boundaries. The maps included Scarborough Shoal as part of Philippine territory, according to the Philippines. In 1909 China led an expedition to the Paracels and for the first time formally declared its claim. International salvage litigation resulting from the wreck of the Swedish ship Nippon on 8 May 1913, on Scarborough Shoal, was heard and recognised by the claimants in the Philippines. In the 1930s China and the Philippines, each without the knowledge of the other, pursued actions relevant to their claims on the Scarborough Shoal. China published a map including Scarborough Shoal as its territory in April 1935. In 1935, the Philippines adopted the 1935 Philippine Constitution, which reiterated the territory of the Philippines as per the 1898 Treaty of Paris, the 1900 Treaty of Washington, and the 1930 US-UK Treaty. In 1938, the
Commonwealth of the Philippines The Commonwealth of the Philippines (; ) was an Territories of the United States, unincorporated territory and Commonwealth (U.S. insular area), commonwealth of the United States that existed from 1935 to 1946. It was established following the ...
asked the U.S. State Department to determine ownership of the Scarborough Shoal, but there was no documentary evidence of an official Philippine claim to Scarborough Shoal. In 1943, China published "China Handbook (1937-1943)" during the
Second Sino-Japanese War The Second Sino-Japanese War was fought between the Republic of China (1912–1949), Republic of China and the Empire of Japan between 1937 and 1945, following a period of war localized to Manchuria that started in 1931. It is considered part ...
. Its southernmost territory was defined as "Triton Island of the Paracel Group". China revised the content in 1947, claiming the Spratlys as their southernmost territory for the first time in history. In the 1947 China Handbook, China specifically recognizes that the Spratlys are contested among China, the Philippines, and Indochina. The Philippine government conducted an oceanographic survey in 1957, and in 1965, the Philippine flag was raised in the area. In an article from 18 February 1980, the Beijing Review confirmed that Guo Shoujing built an observatory in the Paracel Islands, and not Scarborough Shoal. When China built their facilities on
Mischief Reef Mischief Reef, also known as Meiji Reef (), Vành Khăn Reef (), or Panganiban Reef (), is a low tide elevation (LTE) reef/atoll surrounding a large lagoon in the southeastern region of Dangerous Ground (South China Sea), Dangerous Ground in the ...
within the Philippine EEZ in 1995, then National Security Advisor Jose T. Almonte pushed for the establishment of a
lighthouse A lighthouse is a tower, building, or other type of physical structure designed to emit light from a system of lamps and lens (optics), lenses and to serve as a beacon for navigational aid for maritime pilots at sea or on inland waterways. Ligh ...
on Scarborough Shoal to bolster the Philippine claim. The parts of the lighthouse had been fabricated on the mainland Philippines but, according to Almontre, the project was scuttled for internal political reasons and to avoid antagonizing the Chinese. The 2012 Scarborough Shoal standoff between China and the Philippines led to a situation where access to the atoll was restricted by the People's Republic of China. The expected intervention of the United States to protect its ally through an existing mutual defence treaty did not commence after the United States indirectly stated that it does not recognise any nation's sovereignty over Scarborough Shoal, leading to strained ties between the Philippines and the United States. In January 2013, the Philippines formally initiated arbitration proceedings against China's claim on the territories within the "
nine-dash line The nine-dash line, also referred to as the eleven-dash line by Taiwan, is a set of line segments on various maps that accompanied the claims of the China, People's Republic of China (PRC, "Mainland China") and the Taiwan, Republic of China (RO ...
" that includes Spratly Islands and Scarborough Shoal, which it said is "unlawful" under the
United Nations Convention on the Law of the Sea The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international treaty that establishes a legal framework for all marine and maritime activities. , 169 sov ...
(UNCLOS). An arbitration tribunal was constituted under Annex VII of UNCLOS and it was decided in July 2013 that the
Permanent Court of Arbitration The Permanent Court of Arbitration (PCA) is an intergovernmental organization headquartered at the Peace Palace, in The Hague, Netherlands. Unlike a judicial court in the traditional sense, the PCA provides administrative support in international ...
(PCA) would function as registry and provide administrative duties in the proceedings. On 12 July 2016, the arbitrators of the tribunal of PCA ruled in favor of the Philippines on most of her submissions. They concluded in the decision that there was no evidence that China had historically exercised exclusive control over the waters or resources, hence there was "no legal basis for China to claim historic rights" over the nine-dash line. Accordingly, the PCA tribunal decision is ruled as final and non-appealable by either country. The tribunal also criticised China's land reclamation projects and its construction of artificial islands in the Spratly Islands, saying that it had caused "severe harm to the coral reef environment". It also characterised
Taiping Island Taiping Island, also known as Itu Aba, and various other names, is List of maritime features in the Spratly Islands#Features by area, the largest of the naturally occurring Spratly Islands in the South China Sea. The island is elliptical in shape ...
and other features of the Spratly Islands as "rocks" under UNCLOS, and therefore are not entitled to a 200 nautical mile
exclusive economic zone An exclusive economic zone (EEZ), as prescribed by the 1982 United Nations Convention on the Law of the Sea, is an area of the sea in which a sovereign state has exclusive rights regarding the exploration and use of marine natural resource, reso ...
. China however rejected the ruling, calling it "ill-founded". In 2019, Taiwan also rejected the ruling. In late 2016, following the visit of Philippine president
Rodrigo Duterte Rodrigo Roa Duterte (, ; born March 28, 1945) is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the first Philippine president from Mindanao, and is the oldest person to assum ...
to seek warmer ties with China, the PRC gave "fishing rights" to Filipino vessels to access the atoll for fishing. In January 2018,
Rappler Rappler (portmanteau of the words "rap" and "ripples") is a Mass media in the Philippines, Filipino online news website based in Pasig, Metro Manila, the Philippines. It was founded by 2021 Nobel Peace Prize laureate and convicted cyberlibelist ...
reported that the Chinese Coast Guard frequently took the fish catch of Filipino fisherfolk, paying them "two bottles of mineral water" worth 20 pesos for every 3,000 pesos' worth of fish. On 14 June 2018, China's destruction of Scarborough Shoal's reefs surged to an extent which they became visible via satellites, as confirmed by the
University of the Philippines Diliman The University of the Philippines Diliman (also called UPD; ), also referred to as UP Diliman, is a State university and college (Philippines), public, coeducational, Research university, research university located in Diliman, Quezon City, Ph ...
. Amid the steady deterioration of China-Philippines relations under Philippine president
Bongbong Marcos Ferdinand "Bongbong" Romualdez Marcos Jr. (, , ; born September 13, 1957), commonly referred to by the initials BBM or PBBM, is a Filipino politician who has served as the 17th president of the Philippines since 2022. He is the second child ...
on 30 April 2024, a Philippine Coast Guard (PCG) ship and a fisheries vessel, accompanied by invited journalists, attempted to approach the waters of the shoal. Chinese Coast Guard ships responded by firing water cannons at the vessels, which sustained damages. PCG spokesperson Commodore Jay Tarriela later said the water cannon incident was not an "armed attack" that could trigger the US-Philippines Mutual Defense Treaty as there was no "death of a soldier or a member of the Philippine Coast Guard", citing Bongbong Marcos' earlier statement.


Land reclamation and other activities in the surrounding area

A March 2016 article by the
Center for Strategic and International Studies The Center for Strategic and International Studies (CSIS) is an American think tank based in Washington, D.C. From its founding in 1962 until 1987, it was an affiliate of Georgetown University, initially named the Center for Strategic and Inte ...
' Asia Maritime Transparency Initiative said that satellite imagery had shown no signs of any
land reclamation Land reclamation, often known as reclamation, and also known as land fill (not to be confused with a waste landfill), is the process of creating new Terrestrial ecoregion, land from oceans, list of seas, seas, Stream bed, riverbeds or lake ...
, dredging or construction activities in Scarborough shoal and the only vessels present were a Chinese civilian ship anchored within the mouth of the lagoon, which has been typical for several years, and two Filipino trimaran-type fishing ships outside the shoal. However, according to the then U.S. chief of naval operations Admiral John Richardson that did not mean that Chinese ships had not performed surveys in preparation for reclamation. In September 2016, during the ASEAN summit, the Philippine government produced photos that it said showed fresh PRC construction activity at the atoll. A US administration official questioned the Philippines' claim, saying the United States had not detected any unusual activity at Scarborough Shoal. In the same month, the
New York Times ''The New York Times'' (''NYT'') is an American daily newspaper based in New York City. ''The New York Times'' covers domestic, national, and international news, and publishes opinion pieces, investigative reports, and reviews. As one of ...
reported that PRC activities at the Shoal continued in the form of naval patrols and hydrographic surveys. In March 2017, the mayor of Sansha City said China was to begin preparatory work for an environmental monitoring station on Scarborough Shoal. PRC activities in and around the Scarborough Shoal have drawn criticism from US officials. In March 2017, U.S. Senators
Marco Rubio Marco Antonio Rubio (; born May 28, 1971) is an American politician, lawyer, and diplomat serving since 2025 as the 72nd United States Secretary of State, United States secretary of state. A member of the Republican Party (United States) , Rep ...
and
Ben Cardin Benjamin Louis Cardin (born October 5, 1943) is an American lawyer and former politician who served as a United States Senate, United States senator from Maryland from 2007 until 2025. A member of the Democratic Party (United States), Democratic ...
introduced the South China Sea and East China Sea Sanctions Act which would impose sanctions for Chinese entities and people helping to build South and East China Sea projects. In June 2019, the
Philippine Coast Guard The Philippine Coast Guard (PCG; ) is the third armed uniformed service of the country attached to the Philippines' Department of Transportation, tasked primarily with enforcing laws within Philippine waters, conducting maritime security ope ...
(PCG) spotted a
People's Liberation Army Navy The People's Liberation Army Navy, also known as the People's Navy, PLA Navy or simply Chinese Navy, is the naval warfare military branch, branch of the People's Liberation Army, the national military of the People's Republic of China. It i ...
warship, alongside two China Coast Guard vessels, and two Chinese maritime militia vessels near the shoal. In September 2019, Antonio Carpio, a former
Chief Justice of the Supreme Court of the Philippines The chief justice of the Philippines () presides over the Supreme Court of the Philippines, Supreme Court and is the highest judicial officer of the government of the Philippines. As of April 5, 2021, the position is currently held by Alexander ...
, said that China would try to reclaim the Scarborough Shoal within Philippine President Rodrigo Duterte's term before it signs the Asean-China Code of Conduct because Duterte had said that Beijing could not be stopped from building because it was too powerful. Academic Jay Batongbacal said that the visiting forces agreement between the Philippines and the United States deterred the transformation of Scarborough Shoal by the PRC into an artificial island, saying, "Scarborough Shoal is the only piece left in the puzzle that they're trying to build. They can now completely exclude other countries from the South China Sea militarily if they're able to put into place all of these military bases." On 26 September 2023, the Philippine Coast Guard announced that they conducted an operation to remove the floating barrier installed by Chinese Coast Guard officers near the shoal in the southeast. A new floating barrier was deployed in 2024.


Sovereignty dispute


Claims by China and Taiwan

The
People's Republic of China China, officially the People's Republic of China (PRC), is a country in East Asia. With population of China, a population exceeding 1.4 billion, it is the list of countries by population (United Nations), second-most populous country after ...
and
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia. The main geography of Taiwan, island of Taiwan, also known as ''Formosa'', lies between the East China Sea, East and South China Seas in the northwestern Pacific Ocea ...
(Republic of China) claim that Chinese people discovered the atoll centuries ago and that there is a long history of Chinese fishing activity in the area. The atoll lies within the nine-dash line drawn by China on maps marking its claim to islands and relevant waters consistent with United Nations Convention on the Law of the Sea (UNCLOS) within the South China Sea. An article published in May 2012 in the '' People's Liberation Army Daily'' states that Chinese astronomer Guo Shoujing went to the island in 1279, under the
Yuan dynasty The Yuan dynasty ( ; zh, c=元朝, p=Yuáncháo), officially the Great Yuan (; Mongolian language, Mongolian: , , literally 'Great Yuan State'), was a Mongol-led imperial dynasty of China and a successor state to the Mongol Empire after Div ...
, as part of an empire-wide survey called "Measurement of the Four Seas" (四海測驗). In 1979 historical geographer Han Zhenhua (韩振华) was among the first scholars to claim that the point called "Nanhai" (literally, "South Sea") in that astronomical survey referred to Scarborough Shoal. In 1980 during a conflict with
Vietnam Vietnam, officially the Socialist Republic of Vietnam (SRV), is a country at the eastern edge of mainland Southeast Asia, with an area of about and a population of over 100 million, making it the world's List of countries and depende ...
for sovereignty over the
Paracel Islands The Paracel Islands, also known as the Xisha Islands () and the Hoàng Sa Archipelago (), are a disputed archipelago in the South China Sea and currently controlled by the People's Republic of China. The word ''paracel'' is of Portuguese origi ...
(Xisha Islands), however, the Chinese government issued an official document claiming that "Nanhai" in the 1279 survey was located in the Paracels. Historical geographer Niu Zhongxun defended this view in several articles. In 1990, a historian called Zeng Zhaoxuan (曾昭璇) argued instead that the Nanhai measuring point was located in Central Vietnam. Historian of
astronomy Astronomy is a natural science that studies celestial objects and the phenomena that occur in the cosmos. It uses mathematics, physics, and chemistry in order to explain their origin and their overall evolution. Objects of interest includ ...
Chen Meidong (陈美东) and historian of Chinese science Nathan Sivin have since agreed with Zeng's position in their respective books about Guo Shoujing. a 2019 article in the publication ''Maritime Issues'' suggested that a common fishing ground for China, Vietnam and the Philippines as the best option to avoid deterioration of the conflict. In 1935, China, as the Republic of China (ROC), regarded the atoll as part of the Zhongsha Islands. That position has since been maintained by both the ROC, which now governs Taiwan, and the People's Republic of China (PRC). In 1947, the atoll was given the name ''Minzhu Jiao'' (). In 1983, the People's Republic of China renamed it ''Huangyan Island'' with ''Minzhu Jiao'' reserved as a second name. In 1956, Beijing protested Philippine remarks that the 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, China reaffirmed its claim of sovereignty over the Zhongsha Islands in its 1992 Law on the territorial Sea and the Contiguous Zone. China claims all the islands, reefs, and shoals within a U-shaped line in the South China Sea drawn in 1947 as its territory. Scarborough Shoal lies within this area. China further asserted its claim shortly after the departure of the US Navy force from Subic, Zambales, Philippines. In the late 1970s, many scientific expedition activities organised by State Bureau of Surveying, National Earthquake Bureau and National Bureau of Oceanography were held in the atoll and around this area. In 1980, a stone marker reading "South China Sea Scientific Expedition" was installed on the South Rock, but was removed by the Philippines in 1997. English translation of original Chinese text availabl
here
.
According to Filipino judge Antonio Carpio, during the proceedings of the 2016 South China Sea Arbitration, China sent a position paper wherein it reiterated its recognition of the 1898 Treaty of Paris, the 1900 Treaty of Washington, and the 1930 US-UK Treaty. According to the Philippines, they define the country's territory with Scarborough Shoal and the Spratly Islands specifically included. The Chinese government position paper surprised the Filipino delegation, prompting Carpio to say that China likely did not read the full texts of the treaties they used in court. On 10 November 2024, China clarified its detailed basis, in terms of baseline, for a territorial water's claim, on the Scarborough Shoal.


Claim by the Philippines

The Philippines state that its assertion of sovereignty over the atoll is based on the juridical criteria established by
public international law International law, also known as public international law and the law of nations, is the set of Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...
on the lawful methods for the acquisition of sovereignty. Among the criteria (effective occupation, cession, prescription,
conquest Conquest involves the annexation or control of another entity's territory through war or Coercion (international relations), coercion. Historically, conquests occurred frequently in the international system, and there were limited normative or ...
, and accretion), the Philippine Department of Foreign Affairs (DFA) has asserted that the country exercised both effective occupation and effective jurisdiction over the atoll, which it terms ''Bajo de Masinloc'', since its
independence Independence is a condition of a nation, country, or state, in which residents and population, or some portion thereof, exercise self-government, and usually sovereignty, over its territory. The opposite of independence is the status of ...
. Thus, it claims to have erected flags in some islands and a lighthouse which it reported to the International Maritime Organization. It also asserts that the Philippine and US Naval Forces have used it as impact range and that its Department of Environment and Natural Resources has conducted scientific, topographic and marine studies in the atoll, while Filipino fishermen regularly use it as fishing ground and have always considered it their own.Philippine Position on Bajo de Masinloc and the Waters Within its Vicinity
(18 April 2012), The Department of Foreign Affairs of the Republic of the Philippines.
The DFA also claims that the name ''Bajo de Masinloc'' (translated as "Masinloc shoal") itself identifies the atoll as a particular political subdivision of the Philippine Province of Zambales, known as Masinloc. As basis, the Philippines cites the Island of Palmas Case, where the sovereignty of the island was adjudged by the international court in favour of the Netherlands because of its effective jurisdiction and control over the island despite the historic claim of Spain. Thus, the Philippines argues that the historic claim of China over the Scarborough Shoal still needs to be substantiated by a historic title, since a claim by itself is not among the internationally recognised legal basis for acquiring sovereignty over territory. It also asserts that there is no indication that the international community has acquiesced to China's historical claim, and that the activity of fishing of private Chinese individuals, claimed to be a traditional exercise among these waters, does not constitute a sovereign act of the Chinese state. The Philippine government argues that since the legal basis of its claim is based on the international law on acquisition of sovereignty, the exclusive economic zone claim on the waters around Scarborough is different from the sovereignty exercised by the Philippines in the atoll.PH sovereignty based on Unclos, principles of international law
(20 April 2012), The Department of Foreign Affairs of the Republic of the Philippines (as reported by
globalnation.inquirer.net
).
The Philippine government has proposed taking the dispute to the International Tribunal for the Law of the Sea (ITLOS) as provided in Part XV of the United Nations Convention on the Law of the Sea, but the Chinese government has rejected this, insisting on bilateral discussions. The Philippines also claims that as early as the Spanish colonisation of the Philippines, Filipino fishermen were already using the area as a traditional fishing ground and shelter during bad weather. Several official Philippine maps published by Spain and United States in 18th and 20th centuries show Scarborough Shoal as Philippine territory. The 18th-century map ''Carta hydrographica y chorographica de las Islas Filipinas'' (1734) shows 3 atolls Galit, Panacot and Lumbay. The map also shows the shape of Lumbay as consistent with the current maps available as today. In 1792, another map drawn by the Malaspina expedition and published in 1808 in Madrid, Spain also showed Bajo de Masinloc as part of Philippine territory. The map showed the route of the Malaspina expedition to and around the atoll. It was reproduced in the ''Atlas of the 1939 Philippine Census'', which was published in Manila a year later and predates the controversial 1947 Chinese South China Sea Claim Map that shows no Chinese name on it. Another topographic map drawn in 1820 shows the atoll, named there as ''Bajo Scarburo'', as a constituent part of Sambalez (Zambales province). During the 1900s, ''Mapa General'', ''Islas Filipinas'', ''Observatorio de Manila'', and US Coast and Geodetic Survey Map include the Scarborough Shoal named as ''Baju De Masinloc''. A map published in 1978 by the Philippine National Mapping and Resource Information Authority, however, did not indicate Scarborough Shoal as part of the Philippines. Scholar Li Xiao Cong stated in his published paper that Panacot Shoal is not Scarborough Shoal, in the 1778 map ''A chart of the China Sea and Philippine Islands with the Archipelagos of Felicia and Soloo'', Scarborough shoal and 3 other shoals Galit, Panacot and Lumbay were all shown independently. Li also pointed out that the three shoals were also shown on Chinese maps which were published in 1717. In 1957, the Philippine government conducted an oceanographic survey of the area and together with the
US Navy The United States Navy (USN) is the naval warfare, maritime military branch, service branch of the United States Department of Defense. It is the world's most powerful navy with the largest Displacement (ship), displacement, at 4.5 millio ...
force based in then U.S. Naval Base Subic Bay in
Zambales Zambales, officially the Province of Zambales (; ; ; ; ), is a Provinces of the Philippines, province in the Philippines located in the Central Luzon Regions of the Philippines, region. Its capital is Iba, Zambales, Iba, which is located in t ...
, used the area as an impact range for defence purposes. An 8.3-meter high flag pole flying a
Philippine flag The national flag of the Philippines () is a horizontal List of flags by design#Bicolour, bicolor flag with equal bands of royal blue and Crimson, crimson red, with a white, equilateral chevron at the Glossary of vexillology#Flag elements, hois ...
was raised in 1965. An iron tower that was to serve as a small lighthouse was also built and operated the same year. In 1992, the Philippine Navy rehabilitated the lighthouse and reported it to the
International Maritime Organization The International Maritime Organization (IMO; ; ) is a List of specialized agencies of the United Nations, specialized agency of the United Nations responsible for regulating maritime transport. The IMO was established following agreement at a ...
for publication in the List of Lights. , the military-maintained lighthouse is non-operational. Historically, the Philippine boundary has been defined by its 3 treaties,
Treaty of Paris (1898) The Treaty of Peace between the United States of America and the Kingdom of Spain, commonly known as the Treaty of Paris of 1898, was signed by Spain and the United States on December 10, 1898, and marked the end of the Spanish–American Wa ...
,
Treaty of Washington (1900) A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, conventi ...
and "Convention regarding the boundary between the Philippine Archipelago and the State of North Borneo". Many analysts consider that the 1900 Treaty of Washington concerned only the islands of Sibutu and Cagayan de Sulu., but a point of view argued that Scarborough Shoal has been transferred to the United States based on the Treaty of Washington (1900), ignoring the fact that the cession documents from the United States to the Philippines did not have any reference to the Scarborough Shoal. Presidential Decree No. 1596, issued by President
Ferdinand Marcos Ferdinand Emmanuel Edralin Marcos Sr. (September 11, 1917 – September 28, 1989) was a Filipino lawyer, politician, dictator, and Kleptocracy, kleptocrat who served as the tenth president of the Philippines from 1965 to 1986. He ruled the c ...
on11June 1978, asserted that islands designated as the Kalayaan Island Group and comprising most of the Spratly Islands are subject to the sovereignty of the Philippines, and by virtue of the Presidential Decree No. 1599 issued on 11 June 1978 claimed an Exclusive Economic Zone up to from the baselines from which their territorial sea is measured. The Philippines' bilateral dispute with China over the atoll began at the start of 1997 with Filipino naval ships preventing Chinese boats from approaching the atoll including at one point turning away a boat carrying ham radio operators and again. On 5 June of that year, Domingo Siazon, who was then the Philippine Secretary of Foreign Affairs, testified in front of the Committee on Foreign Relations of the
United States Senate The United States Senate is a chamber of the Bicameralism, bicameral United States Congress; it is the upper house, with the United States House of Representatives, U.S. House of Representatives being the lower house. Together, the Senate and ...
that the Shoal was "a new issue on overlapping claims between the Philippines and China". In 2009, the '' Philippine Baselines Law of 2009'' (RA 9522), principally authored by Antonio Trillanes and sponsored by Senator Miriam Defensor Santiago, was enacted into law by President Gloria Macapagal-Arroyo. The new law classified the Kalayaan Island Group and the Scarborough Shoal as a ''regime of islands under the Republic of the Philippines''. In 2012, the Department of Foreign Affairs asserts that Philippine sovereignty and jurisdiction over the Scarborough Shoal are not premised on the cession by Spain of the Philippine archipelago to the United States under the Treaty of Paris and whether the shoal is included within the limits of the 1898 treaty is immaterial and of no consequence. In 2015, the Philippines offered to downgrade its claim over parts of the Malaysian state of
Sabah Sabah () is a States and federal territories of Malaysia, state of Malaysia located in northern Borneo, in the region of East Malaysia. Sabah has land borders with the Malaysian state of Sarawak to the southwest and Indonesia's North Kalima ...
if Malaysia adopted a different position on maritime claims that could help strengthen the Philippines' case in its arbitration against China. Malaysia considered this to be against its maritime interest and a risk to its ties with China.


Related arbitration under UNCLOS


See also

* Scarborough Shoal standoff * China–Philippines relations *
List of territorial disputes Territorial disputes have occurred throughout history, over lands around the world. Bold indicates one claimant's full control; ''italics'' indicates one or more claimants' partial control. Ongoing disputes between UN member/observer states ...
* South China Sea Islands * West Philippine Sea


Other East Asian island disputes

*
Kuril Islands dispute The Kuril Islands dispute, known as the Northern Territories dispute in Japan, is a territorial dispute between Japan and Russia over the ownership of the four southernmost Kuril Islands. The Kuril Islands are a chain of islands that stretch ...
* Liancourt Rocks dispute * Okinotorishima, another smaller shoal with three skerries *
Paracel Islands The Paracel Islands, also known as the Xisha Islands () and the Hoàng Sa Archipelago (), are a disputed archipelago in the South China Sea and currently controlled by the People's Republic of China. The word ''paracel'' is of Portuguese origi ...
*
Pratas Island Pratas Island,, United States National Geospatial-Intelligence Agency also known as the Tungsha Islands or the Dongsha Islands (), is a coral island situated in the northern part of the South China Sea administered as part of Cijin District, K ...
* Senkaku Islands dispute * Spratly Islands dispute


Notes


References


Further reading

* * * * * * * * Hayton, B. (2014)
The South China Sea: The Struggle for Power in Asia
Yale University Press. Retrieved 7 August 2018. {{Authority control Territorial disputes of the Philippines Disputed atolls Islands of the South China Sea Territorial disputes of China Territorial disputes of the Republic of China Landforms of Zambales Zhongsha Islands Reefs of the South China Sea Atolls of the Philippines