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Debate (Scarborough shoal)

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reeda alba

on 8 October 2012

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Transcript of Debate (Scarborough shoal)

UNCLOS Malayan-Polynesian Traders Historical
Title ARGUMENTS: Legal basis of the Philippines claim over the panatag shoal
Historical Claim of China States are granted Exclusive Economic Zones, areas up to 200 nautical miles from their baselines or shorelines where they are given sovereign rights to explore and exploit the natural resources found in the water and subsoil within the EEZ area. Panatag Shoal is 124 nautical miles away from the Philippine. While China is located 472 nautical miles away from the panatag shoal historical claim must be validated by a clear historical title. historical claims are not historical titles. discovery, effective occupation, prescription, cession and accretion. "For a historical claim to mature into a historical title, a mere showing of long usage is not enough. There are other criteria’s that needs to be considered such as that the usage must be open, continuous, and adverse." having Philippine flags on panatag shoal in 1965 and another Philippine flag raised by congressman roque ablan in 1997;
constructed a lighthouse on one of the shoals islets in 1965.
used as an impact range by Philippine and US naval forces stationed in subic bay in zambales for defense purposes.
The Philippine department of Environment and Natural Rresources together with the University of the Philippines has also been conducting scientific, topographic and maritime studies in the shoal.
Filipino fisherman has always considered it as their fishing grounds. “any evidence that there is a sovereignity exercising its powers over the territory” Effective Occupation Effective Jurisdiction "exercise of legal competence"
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