The Philippine claim to Bajo de Masinloc in the context of the South China sea dispute

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Abstract

The Philippine claim to Bajo de Masinloc, otherwise referred to as Scarborough Shoal, finds solid basis in international law. The territorial claim of the Philippines over Bajo de Masinloc is strong relative to the claim of China as well as with respect to the principles on the acquisition of territory in international law, in particular, on the basis of effective occupation. The sovereign rights and jurisdiction asserted by the Philippines over the maritime entitlements of the features in Bajo de Masinloc are founded on principles of international law and consistent with the United Nations Convention on the Law of the Sea, which both the Philippines and China have signed and ratified. This paper aims to examine the Philippine claim over Bajo de Masinloc particularly focusing on the 2012 standoff between the Philippines and China and the arbitration case filed by the Philippines against China over the West Philippine Sea.

Original languageEnglish
Pages (from-to)497-529
Number of pages33
JournalJournal of East Asia and International Law
Volume6
Issue number2
DOIs
Publication statusPublished - Nov 2013

Open Access - Access Right Statement

This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/licenses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Keywords

  • Bajo de Masinloc
  • Philippine claim
  • Scarborough shoal
  • South China sea

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