Carpio debunks China lie about owning Spratlys

If you have facts on your side, pound the facts; if you have law on your side, pound the law; if you have neither facts nor law, pound the table.

Communist China has neither facts nor law on its side on the Spratlys, Scarborough and Ayungin issue. It’s not only pounding the table but aggressing the West Philippine Sea.

The Chinese Communist Party controls all state agencies. CCP’s Central Committee Foreign Relations Commission oversees the Ministry of Foreign Affairs (MFA).

A good communist is a propagandist, Mao Zedong commanded. China’s MFA recently propagandized that Ayungin (Second Thomas) Shoal in the Spratlys has been “China’s territory since ancient times.”

Citing ancient maps and documents, retired Supreme Court Justice Antonio Carpio debunks that CCP fake news. Excerpts:

“China’s claim is utterly false.

“First, Ayungin cannot be a territory. On July 12, 2016, the Arbitral Tribunal ruled that Ayungin is a low-tide elevation beyond the territorial sea of any high-tide feature.

“Ayungin falls within Philippine exclusive economic zone since it is within 200 nautical miles from Philippine archipelagic baselines and beyond 200 nautical miles of any other state’s baselines.

“Second, all ancient maps of China are published in Atlas of Ancient Maps in China, by the People’s Republic of China. It shows that China’s southernmost territory during all Chinese dynasties was Hainan Island.

“In 1932 France occupied the Paracels. China officially protested on grounds that the Paracels formed its ‘southernmost territory.’ The Paracels are more than 400 nautical miles from Spratlys.

“In 1943 Beijing published China Handbook. It declared that China’s southernmost territory was Triton Island in the Paracels.

“Only in its revised 1947 China Handbook did Beijing first claim the Spratlys. But it admitted that the Philippines and French Indochina also claimed the Spratlys.

“Third, the Spratlys have appeared as part of Philippine territory since the 1734 Murillo Velarde map. It was the Spanish regime’s first official map of Philippine territory.

“The 1808 and the 1875 Carta General del Archipielago Filipino, both Philippine archipelago official maps during the Spanish regime, show that the Spratlys formed part of Philippine territory.

“The United States adopted and reissued the 1875 Carta General del Archipielago Filipino four times: 1898, 1900, 1901, 1902.

“In the 1928 Islas Palmas case, the United States submitted the 1875 Carta General del Archipielago Filipino as official Spanish and American maps of Philippine territory in the signing of the 1898 Treaty of Paris.

“Fourth, China submitted a position paper to the Arbitral Tribunal. It claimed that three treaties define Philippine territory: the 1898 Treaty of Paris, the 1900 Treaty of Washington and the 1930 Treaty between United Kingdom and United States.

“China claimed that all Philippine island territories are found only within the 1898 Treaty of Paris lines. It added that since the Spratlys and Scarborough Shoal are outside the Treaty of Paris lines, these do not form part of Philippine territory.

“China is gravely mistaken. In the 1900 Treaty of Washington, Spain expressly ceded to the United States ‘any and all islands belonging to the Philippine Archipelago, lying outside the lines’ of the Treaty of Paris.

“Those who think that Philippine territory is limited to islands lying within the Treaty of Paris lines have read neither the 1900 Treaty of Washington nor correspondences leading to it between Spain and the United States.

“China is bound by its position paper’s judicial admission that Philippine territory is also defined by the 1900 Treaty of Washington. But as explained, that treaty expressly includes as Philippine territory all islands belonging to the Philippine archipelago lying outside Treaty of Paris lines.

“Fifth, the doctrine of Uti Possidetis Juris, a principle of international law, regulates boundaries of former colonies that became independent. All states must respect treaties signed by colonial powers defining international boundaries of their former colonies.

“Thus, international law mandates that the three treaties defining Philippine territory, including the 1900 Treaty of Washington, must be respected by all states.

“If China is confident of its legal title to the Spratlys and Scarborough, then it should submit the territorial dispute with the Philippines to voluntary arbitration by the International Court of Justice.

“That’s in accord with the UN Charter which requires peaceful dispute settlement between states via negotiation, mediation or arbitration, and outlaws the threat or use of force in settling such dispute.

“A state with strong title submits to arbitration. One with weak title runs away from arbitration.”

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