The 1960s Philippine Territorial Sea Laws in Sino- Philippine Territorial Disputes: A Historical and Legal Analysis

Abstract

Before the territorial disputes in the South China Sea between China and the Philippines were crystallised, the Philippines enacted two territorial sea laws in the 1960s to promote international recognition of its special status as an archipelagic state. This marked the first time since its independence in 1946 that the Philippines defined its territorial scope and territorial sea claims through legislation. In these laws, the Philippines declared the baselines and basepoint coordinates of its territorial sea without mentioning certain islands and reefs in the Spratly Islands or Scarborough Shoal. China argues that the two laws explicitly defined the territorial scope of the  Philippines, excluding the Spratly Islands and Scarborough Shoal from the baselines and basepoints of the Philippines’ territorial sea, indicating that the Philippines did not consider these islands part of its territory at that time. According to discussions in the Philippine Congress regarding the two laws and on the basis of the precedent established by the International Court of Justice, while these laws do not explicitly address certain islands and reefs of the Spratly Islands or Scarborough Shoal and do not constitute recognition of China’ territorial sovereignty, they do, to some extent, support China’s claims. The Philippines has remained silent on this issue because a detailed discussion would undermine its position. It would also hinder its efforts to utilise the South China Sea arbitration ruling, which avoids addressing the issue of territorial sovereignty, for international propaganda.