ROC reaffirms sovereignty in South China Sea

2015/11/04

The South China Sea islands, as well as their surrounding waters, are an inherent part of ROC territory, and the government will safeguard the nation’s sovereignty and maritime rights in the region, the Cabinet said Nov. 2.

Exercising full rights over the Dongsha (Pratas), Nansha (Spratly), Shisha (Paracel) and Zhongsha (Macclesfield Bank) islands, the government does not recognize any claim to sovereignty over or occupation of these areas by other countries or territories, irrespective of the reasons put forward or methods used for such claim or occupation, according to the Cabinet.

“Any arrangement or agreement regarding Taiping Island [Itu Aba] or other islands in the South China Sea and their surrounding waters that is reached without ROC involvement or consent shall have no legal effect on the nation, and shall not be acknowledged by the government.”

The Cabinet’s statement was made in response to a ruling concerning a Philippines-mainland China arbitration case issued Oct. 29 by the Permanent Court of Arbitration in the Netherlands. The Philippines argues in a 2013 petition to the PCA that mainland China’s territorial claim over the South China Sea is unfounded under the U.N. Convention on the Law of the Sea.

Commenting on this case, the Ministry of Foreign Affairs said the Philippines has not invited the ROC to participate in its arbitration with mainland China, and the PCA has not solicited the nation’s views on this matter. “Therefore, the arbitration does not affect the ROC in any way, and the ROC neither recognizes nor accepts related awards.”

According to MOFA, Taiwan maintains a permanent presence on Taiping, the largest naturally formed island in the Nansha chain. It has been garrisoned by the nation’s military since 1956, with a defense zone established in 1990. For the past six decades, ROC military and other government personnel have been based on Taiping, qualifying it beyond dispute as an island under the UNCLOS.

“Furthermore, whether from the perspective of history, geography or international law, the ROC holds legitimate rights to the South China Sea islands and surrounding waters,” the ministry said, noting that they were first discovered, named and incorporated into national territory during dynastic Chinese rule, and the ROC recovered its territories in the region after victory in the Second Sino-Japanese War (1937-1945).

Citing the San Francisco Peace Treaty, which entered into effect April 28, 1952, as well as the Treaty of Peace between the ROC and Japan signed the same day, MOFA said various international legal instruments confirmed that the islands and reefs in the South China Sea occupied by Japan during the war should be returned to the ROC.

“In the several decades since, the fact that the ROC exercises effective control over these islands has been recognized by foreign governments and international organizations.”

MOFA said Taiwan is willing to work with all parties concerned under the framework of President Ma Ying-jeou’s South China Sea Peace Initiative, proposed in May 2015, to ensure peace and stability as well as conserve and develop resources in the region.

“The government is committed to safeguarding the nation’s sovereignty, shelving disputes, pursuing peace and reciprocity and promoting joint development in the South China Sea,” the ministry added.

“We urge all countries and territories bordering the South China Sea to respect the spirit and principles of the U.N. Charter and UNCLOS, while exercising restraint and refraining from taking any unilateral action that might escalate tensions.”

Source: Taiwan Today (http://taiwantoday.tw/ct.asp?xItem=238461&ctNode=2194&mp=9)