‘Ball is now with DFA,’ says military on Spratlys row | Inquirer Global Nation
We claim the Spratlys based on the public international law theory of RES NULIUS, i.e., a Filipino captain "DISCOVERED" them in the 1950s.
China and Vietnam (principal claimants among the many) claim the area based on the theory of OWNERSHIP AND POSSESSION SINCE TIME IMMEMORIAL.
Their basis? Maps they themselves made.
The 1978 UN Convention on the Law of the Sea (UNCLOS) gives us an EXCLUSIVE ECONOMIC ZONE of 200 miles from our boundary. But it is not ownership. It is simply economic use.
ASEAN has executed an agreement with China, et. al. to jointly explore and exploit the South China Sea, instead of fighting and suing over it.
So far, so good.
The problem is that China is so aggressive in its efforts to control and exploit the area that its stance, attitude and ego now bother the Philippines.
Personally, contrary to the policy of China not to internationalize the issue, i.e., do not involve the USA, of the UN, or the APEC, I believe that without the calming effect of the presence of the US military might and power in the region, China will continue to act with recalcitrance.
It is a blessing we have a Mutual Defense Treaty with the USA.
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