Chinese congress in South China Sea city
MANILA, Philippines – In a move to display sovereignty over South China Sea territories, China is set to establish a legislative body in Sansha, the new prefectural-level city that includes areas claimed by the Philippines.
The Chinese province of Hainan, which administers Sansha, has approved a motion to prepare for Sansha's first people's congress, Chinese state media reported Wednesday, July 18.
Hainan ratified the motion Tuesday, July 17, even as the Philippines has protested the establishment of Sansha City.
This means Sansha City has now begun to build political power, experts told the Chinese media. The planned congress, along with the proposed Sansha military unit, aim to bolster China's claim over the disputed South China Sea.
Sansha, which China established in June, administers the 3 disputed island groups of Nansha (Spratly Islands), Xisha (Paracel Islands), and Zhongsha (Macclesfield Bank). It also covers the 3 island groups' surrounding waters.
The Philippines claims portions of the Spratly Islands while Macclesfield Bank includes Scarborough Shoal, the site of a 4-month standoff between the Philippines and China.
Establishing a government in a territory is a means to prove its ownership.
International tribunals basically look for two elements in deciding disputes over title to territory, said international law expert Dr Suzette Suarez in a forum over the weekend.
Suarez, who used to work with the International Tribunal on the Law of the Sea (Itlos), identified the following factors:
- "intentional display of power and authority over the territory," which includes the exercise of jurisdiction and state functions
- a “continuous and peaceful” exercise of jurisdiction and state functions
The Philippines, for its part, also has a municipality that covers the Spratlys – Kalayaan, which is under Palawan. The Palace early stressed this when asked about Sansha City.
In establishing its claim over Scarborough Shoal, the Philippines also cites government moves such as the installment of flags and other structures within the shoal, as well as its coverage in the 2009 Archipelagic Baselines Law.
The Philippines thus claims “both effective occupation and effective jurisdiction” over the area it calls Bajo de Masinloc.
Effective occupation refers to “any evidence that there is a sovereign exercising its powers over the territory,” while effective jurisdiction refers to the “exercise of legal competence,” according to international law expert Harry Roque.
International law, however, makes a distinction between disputes over title to territory, and disputes over the United Nations Convention on the Law of the Sea (Unclos).
Disputes over Unclos cover maritime issues, such as incursions in a country's exclusive economic zone (EEZ). If the Philippine government confirms it, an example is the ongoing fishing activity of 30 Chinese vessels in the disputed Spratlys.
By Paterno Esmaquel II
18 July 2012
GOVERNMENT SEAT. Sansha City's top government office is found on a South China Sea island called Yongxing. File photo from china.org.cn