Map evidence for the Philippines’ territorial claim in the South China Sea: a historical, cartographical and legal analysis

Abstract

Based on international law and practices, a map by itself does not constitute an independent territorial title and has no independent probative value in territorial disputes. Regarding maps with inaccurate or unreliable sources of information, unofficial maps and official maps produced by one party aiming to enhance its position, international judicial and arbitration institutions tend to hold a very little credibility. The Institute of Maritime and Ocean Affairs (IMOA), an agency of the Philippine Department of Foreign Affairs, and some Philippine political elites selected many of the maps for the 2014 exhibition. Although some maps or charts of Scarborough Shoal drawn by the Spanish colonists on display are official or semiofficial in nature, they do not mark the political boundaries of the relevant areas and are obviously inaccurate. The purpose of Spain’s charting in each expedition to Scarborough Shoal was to provide guidance on navigational safety, not to assert sovereignty. It is difficult to arrive at definite conclusions about sovereignty over Scarborough Shoal from these maps and charts. The maps or charts displayed and drawn by cartographers from other countries, have many problems, such as insufficient accuracy, covering vast area more than the Philippine Islands and the lack of marking political boundaries and thus cannot prove that the Philippines has territorial sovereignty over Scarborough Shoal. Similarly, none of the maps and charts on display are sufficient to prove that the “Kalayaan Islands” belong to the Philippines.

Keywords:

• Map evidence
• Scarborough Shoal
• “Kalayaan Islands”
• Territorial disputes, South China Sea

Acknowledgements

The author would like to thank my PhD supervisor Professor Lingjie Kong for his guidance during the various stages of writing this article. I would like to thank the anonymous referees for their insightful comments. I would also like to thank Dr. Qi Xu for his valuable suggestions. I am solely responsible for all views or errors in this article.

Disclosure statement

No potential conflict of interest was reported by the author.

Notes

1 Throughout the rest of the text, the name Scarborough Shoal is used unless otherwise stated.

2 Unless otherwise noted, the relevant claims and rationales of the Philippines cited in this section are taken from Philippine Position on Bajo de Masinloc and the Waters within Its Vicinity. The names in this contribution have been taken from the Philippines’ official documents and are included for illustrative purposes only. Their use in this contribution is not an indication that the author endorses the names or adopts any associated arguments from the Philippines.

Additional information

Funding

This work was supported by the National Social Science Foundation Project under Grant No. 21CGJ049; National Social Science Foundation Project under Grant No. 21&ZD244; and Guangdong University of Foreign Studies Scientific Research Special Funding Project under Grant No. 2022RC097.

Notes on contributors

Kan Wang

Kan Wang is a lecturer at the School of International Relations, Guangdong University of Foreign Studies, Guangzhou, Guangdong Province, PR China and an adjunct researcher of the Southern Marine Science and Engineering Guangdong Laboratory (Zhuhai), Zhuhai, Guangdong Province, PR China. He has academic interests in China–Philippines relations and international law.