Acua, Eric Jiro III Public International Law II-D

Scarborough shoal, a matter of Public International Law.

The Scarborough shoal is a disputed territory claimed between the Philippines and China, which have been heating up recently. Both countries have been claiming such shoal as part of its territory due to different explanations, including a matter of public international law. The big issue on this matter is the existence of an international dispute, which is an element necessary to elevate the issue to an international court, but china does not want it to resolve the issue to the international court. China asserts that the Chinese people discovered the shoal centuries ago, and such shoal is within the twelve nautical miles of its Territorial sea, having a long history of fishing in the area and such is part of its territory. The Philippines on the other hand claims under the lawful methods for the acquisition of sovereignty under international law, which its effective occupation and effective jurisdiction. Raising flags and a Lighthouse, Using it as military training grounds and the venture of fishing by Filipino fishermen in the area. The Scarborough Shoal is not included within the territorial lines defined in the Treaty of Paris. The Philippine Department of Foreign Affairs asserts that the basis of 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 argues that the matter that the rock features of Scarborough Shoal are not included or within the limits of the Treaty of Paris as alleged by China is therefore immaterial and of no consequence. The exclusive economic zones of neighboring countries can overlay each other and such issue can be resolve by the United Nations Convention on the Law of the Sea. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world's oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. A lot of issues regarding public international law ascended on this topic, which laws should apply regarding each others claims? How will this issue ultimately affect the trade and commerce between the Philippines and China? These issues are very relevant not just to our relations with china but to other nations as well. The Philippines and China have different claims regarding the Scarborough shoal, both have conflicting terrestrial jurisdiction over the shoal. The Philippines is asserting that it is part of its jurisdiction but such lands are outside the lines drawn by the Treaty of Paris, while china asserts that it is within the twelve nautical miles of its Territorial sea. The Philippine government needs to justify such claims under international law and not merely on old maps and the treaty of Paris but such issue will not be resolve without the international court. This problem is not all about claiming ones territory but also the problem of terminating international relations with each other. The Philippine government must act intelligently on this matter; we may acquire the Scarborough shoal

in the future but in return obtain a bad effect not just in our economy but with international relations with other countries as well.