2 laws - UNLCOS 200 and "Archipelagic States" to End Spratlys Disputes

West Philippine Sea
The following Countries competing to owned the vast oil and gas resource Spratlys: The Philippines, Brunei, Vietnam, China, Taiwan (China), Indonesia, Malaysia.

Written by: Dan We ( Twitter: @Dan_We_)

NO ONE IS ABOVE THE LAW...

The most powerful country – the USA is under the LAW and they governed their states and country UNDER THE LAW

CHINA is NOT ABOVE THE LAW... China govern their people under their communist law

The fueling disputes in the West Philippines Sea (WPS) or also called as South China Sea (SCS) might be the flash point which leads to the never ever wanted 3rd World War. (WWIII)

No one ever wants to have their people die from war and conflicts. The good leader must learn how to respect and be respected. A good leader must know how to lower his pride to avoid tensions. A good leader must learn that there is a doom beyond their unlimited pride and ambition to rule the world by their arms.

China has been so confident to replace the US power but their move is not in the right direction. China could bully small neighbors economically but not by arms because small ants are willing to bite and eat the dragon’s flesh if their colony is destroyed and overtaken. Small ants could be worthless but could weaken the dragons power while another giants will come to the rescue and to end the dragons ambition.

China must first plant a good seeds of trust; seeds of unity, seeds of love and seeds of power and wait that those planted seeds would grow and bear fruits for what they have planted for them to overtake other power. It’s early for china to say they are powerful if the whole countries around them are against their power. Unlike US, China never planted any seeds and wants to reap the fruit of the other peasant.

The bottom-line is china would live alone if they will make the unwanted stupid mistake. Any wrong move of china could ends its power both arm and economy. Any wrong move of china will trigger the world to fight against them lead by the US Power, United Nations and the ASEAN nations.

China must have to think that among top 10 Super powers of the World; they got only 1 friend to fight with the other 8.  2 super powers versus 8 super powers is the doom’s day of China and his 1 ally. Who will take over china’s power if they are in the doom’s day? Korea? Vietnam? Russia? India? Mongolia? USA? or Japan?

China! Look before you leap and think before you talk. You must learn how to grow in a peaceful way. You must learn how to get along with other country’s culture than just yours. And you must follow the 2 laws that would end the disputes of the seas.

2- Laws of the United Nations to end the Spratlys disputes.

The first provision of law applicable to the disputed Spratlys is the law formulated by the United Nations in Jamaica last December 10, 1982. The provision for the Archipelagic States.

(1.)     THE ARCHIPELAGIC STATES

The Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea (UNCLOS) held in Jamaica last December 10, 1982. They were qualified as archipelagic states.

In various conferences of the United Nations on the Law of the Sea (UNCLOS), the Philippines which is composed of 7,107 islands PLUS... is RECOGNIZED AS ARCHIPELAGIC STATES given freedom forming its archipelago that  composed of groups of islands forming a state as a single unit, with the islands and the waters within the baselines as internal waters. By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their “breadth and dimensions”, form part of the internal waters of the state, subject to its exclusive sovereignty

The approval of the United Nations for the 5 countries as Archipelagic States must be respected by the world for the 5 countries:

  • The Philippines
  • Indonesia
  • Papua New Guinea
  • Fiji
  • Bahamas

The  above mentioned countries could enjoy undisputable sovereignty of the waters and islands around them from the said laws. Waters around their country between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the states and is belong to its sovereignty. This provision of the UNCLOS is very clear that this law could end the disputes of the Spratlys. The United Nations could not formulate again another provision that would opposed the above “Archipelagic State”.

For the Philippines – The Spratlys is considered as the waters around the Philippines between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the states which simply means Spratlys is part of the Philippines sovereignty and the Philippines don’t have any disputable issues between china and other countries who are not classified as “Archipelagic States”.

(2.)          The United Nations Conventions of the law of Sea (UNCLOS) 200 Nautical Miles Exclusive Economic Zone

The 200 Nautical Miles Exclusive Economic Zone is another provision of the law by the UNCLOS that could resolve the Spratlys disputes.

Regardless of what kind of law of china have for its country is not acceptable in the international law would deem that their law is invalid and must be superseded by the United Nations Law that for the particular disputes that would affect many countries around them.

For the following Countries competing to owned the vast oil and gas resource Spratlys:
  • The Philippines
  • Brunei
  • Vietnam
  • China
  • Taiwan (China)
  • Indonesia
  • Malaysia

The 7 countries mentioned above competing claims have their common grounds which is the UNCLOS 200 Nautical Miles Exclusive Economic Zone. Each country might have to study first if their claim is valid or not.

For the Philippines; 2 provision of laws that would protect them to own the Spratlys exclusively with undisputable sovereignty by the application of the “Archipelagic States” that say the waters around the Philippines between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the states which simply means Spratlys is part of the Philippines sovereignty and the Philippines don’t have any disputable issues between china and other countries who are not classified as “Archipelagic States”.

Secondly the Philippines still subject to enjoy the second provision of laws of the United Nations Conventions Laws of the Sea (UNCLOS) 200 Nautical Miles Exclusive Economic Zone. Since most part of the Spratlys is within 200 Nautical Miles Economic Zone of the Country then Majority stakes for the Spratlys sovereignty is lawful to be granted to the Philippines. “Proximity” the Spratlys is just within Philippines backyard.
The application of the 2 provisions of laws of the United Nations Convention of the Laws of Sea (UNCLOS) the  “Archipelagic States” and the “200 Nautical Miles Exclusive Economic Zone” means the “Whole Spratlys” is under the Philippines Sovereignty and the Philippines supposed to be must enjoy their undisputed territory in both their main land and the Spratlys.

The Paracels is another disputed islands between Vietnam and China which both of them could benefit the 200 Nautical Miles Exclusive Economic Zone must send the disputes to the United Nations and they will signed an agreement to solve the disputes peacefully. The United Nations also must mediate and implement the law to end the disputes.

WHAT MUST CHINA DO? (AN SO ORDER!)

1.       China must respect Vietnam’s territory and 200 Nautical Miles Exclusive Economic Zone from Vietnam Shore (The Paracel Conflict between China and Vietnam) and vice versa, Vietnam must respect also the China’s 200 Nautical Miles Exclusive Economic Zone.

2.       China must stop disputing with the Philippines as the Philippines is recognized by the United Nations as Archipelagic States which means water and islands  connecting the Philippines regardless of its breadth is belong to the Philippines sovereignty.

3.       China must settle the disputes with Vietnam in the United Nations and respect the UNCLOS 200 Nautical Miles Exclusive Economic Zone.
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