PHILIPPINE PRIMARY SOURCES

Both legally and historically, the Philippine claims of jurisdiction over the Scarborough Shoal
and the KIG are unrelated to its archipelagic status. Scarborough Shoal is capable of sovereign
appropriation under international law since it occurs above high tide.
The Philippines has claimed many territories throughout its history. These territories include the
Spratly Islands, Sabah, Scarborough Shoal, Palmias (Miangas), Orchid Island, the Sangir Islands,
the Marianas Islands, and the Caroline Islands.

CHINA PRIMARY SOURCES

Scarborough Reef/Shoal
China claims sovereign control over Scarborough
Reef, 'indisputably' established by historic rights.
The 1992 Law on the Territorial Sea and Contiguous
Zone reaffirmed China's claim to sovereignty over
the Zhongsha Islands, including Huangyan Island
(Scarborough Reef).
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.
Scarborough Shoal, according to Carpio, is a strategic position for China since it guards the
Pacific's exit, allowing them to aim missiles at the US in the future. Meanwhile, Carpio pointed
out that China will have to travel to the mid-Pacific in order to launch missiles capable of
reaching the United States.
The ruling of the Permanent Court of Arbitration
The Permanent Court of Arbitration (the "PCA" or "Tribunal “unanimous)'s decision in the
conflict between the Philippines and China is a watershed moment for the United Nations Law of
the Sea Convention (UNCLOS) and a clear rebuke to China's expansive claims to maritime
territories in the South China Sea.
An international panel of judges at the Permanent Court of Arbitration in The Hague
unanimously ruled in favor of the Philippines. The judges ruled there was no legal basis for
China to claim historic rights to resources within the sea areas falling within the nine-dash line.
REFERENCES:
Peace Palace Library. South China Sea Territorial Disputes (continued). Retrieve from:
https://www.peacepalacelibrary.nl/south-china-sea-territorial-disputes-continued/
Viray, P. (2017). Why China is likely to militarize Scarborough Shoal. The Philippine Star.
Retrieve from: https://www.philstar.com/headlines/2017/05/11/1698927/why-china-likely-
militarize-scarborough-shoal
Mark E. Rosen, JD, LLM. (August 2014). Philippine Claims in the South China Sea: A Legal
Analysis. A CNA Occasional Paper. Retrieved from: https://www.cna.org/cna_files/pdf/iop-2014-u-
008435.pdf
Almond, R. (July 2016). Interview: The South China Sea Ruling. The Diplomat. Retrieve from:
https://thediplomat.com/2016/07/interview-the-south-china-sea-ruling/