U.S. Held Treaty one of Philippines Legal Basis for Claiming Kalayaan Island Group

Описание: The Department stressed that Philippine sovereignty over the Kalayaan Island Group in Palawan and the territorial sea of its high-tide features has been settled and not dependent on EEZ placement.
Philippine maritime zones under Republic Act 12064—which is consistent with Unclos—set forth that the maritime zones of the Philippines on the western side of the Philippine archipelago, including the Luzon Sea, the territorial sea of Bajo de Masinloc, and the maritime features of the Kalayaan Island Group, shall be collectively called the West Philippine Sea.
The Philippines claims the Kalayaan Island Group on the assumption that after Japan renounced its title to the islands in the San Francisco Treaty of Peace of 1951, they reverted to being terra nullius because title was not explicitly passed to another state. Therefore, when a Filipino explorer named Tomas Cloma declared ownership over 33 maritime features in the Spratly Islands in 1956, no other country had a valid claim to them.
In 1978, the administration of President Ferdinand Marcos issued a decree that listed three bases for the Philippines’ legitimate rights to the territory: contiguity with the Philippine archipelago, historical title, and the lapsing of others’ claims.
Following the passage in March 2009 of a legislative act to bring the Philippines’ baselines in conformity with the 1982 UN Convention on the Law of the Sea, the Philippines’ claim to territorial waters around the maritime features of the Kalayaan Island Group appears to have been restricted to using the low-water baseline, therefore precluding the treatment of the islands as an archipelagic group.
The Philippines claims that title to Scarborough Shoal passed from Spain to the United States in 1898 along with all other Spanish maritime features surrounding the Philippines archipelago. Following independence from the United States, the Philippines inherited title to the Scarborough Shoal.
The origins of the contemporary conflict over the South China Sea can be traced to changes in East Asian geopolitics following World War II (1939–45). China’s historical claims to the sea date to the so-called “11-dash line,” introduced in 1947 by the Nationalists (Kuomintang) under Chiang Kai-shek, during the Chinese Civil War (1945–49). The map that included the 11-dash line emphasized Chinese sovereignty and reflected nationalist pride after what many Chinese considered to have been a century of humiliation by foreign powers.


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