Philippines Biggest Territorial Disputes : The South China Sea Disputes with China, and the Territorial Disputes of Sabah with Malaysia.
When understanding the long territorial disputes of Sabah, between the Federal Government of Malaysia and the Philippines, we must go back to its history and its geographical location.
Sabah is located on the northern portion of the island of Borneo, in Southeast Asia. In the present day, Sabah is one of the 13 states together with its 3 federal territories that composed the federation of Malaysia.
Going back to the 15th century, the settlement currently known as Sabah had become part of the empire of the Sultanate of Brunei, during the reign of the fifth sultan known as Bolkiah.
In 1658, the Sultan of Brunei ceded the northern and eastern portion of Borneo to the Sultanate of Sulu in compensation for the latter's help in settling the Brunei Civil War in the Brunei Sultanate.
So, who is the real owner of Sabah? Apparently, Sabah is technically part of the Federal state of Malaysia currently, when North Borneo was incorporated into the federation in 1963. But in the future, the thing seems uncertain. If ever, the 1878 treaty is still binding and enforceable, the non-payment of Malaysia of an annual rental since 2013 could result in a breach of contract, and as a consequence, the control, and ownership of North Borneo can be taken back by the owner or to the heirs of the Sultanate of Sulu.
But the real question is, was the incorporation of Sabah into the Malaysian federation is legal and binding? based on the 1878 Treaty between the Sultanate of Sulu and the British empire.
Or the 1878 concession treaty has a legal basis in the present day’s international law system?
Either way, both countries must respect any authorized arbitrary proceeding issued by the International Court and be able to create a diplomatic concession for a peaceful resolution of the issue.
The dispute over the South China Sea has been thrust back into the spotlight amid increasing tension between the Philippines and China in the disputed waters. The Changing dash lines are the basis of China’s claim to sovereignty over 90% of the South China Sea. This claim is based on the U-shaped 11 nine-dash line etched on a map in the 1940s by a Chinese geographer, then 9 dashed lines in 1952, and currently, the 10-dash line in mid-2023.
Meanwhile, the Philippines backed its historical claims from the 18th-century map, where the Scarborough Shoal First Appeared on Maps of Philippine waters in the 1750s. On the night of Sept. 12, 1748, the British East India Co. ship Scarborough struck the now-famous reef of the same name while on its way from England to China.
As a result, the name Scarborough Shoal first appeared on maps of Philippine waters by English cartographers in the 1750s, according to research by a member of the Philippine Map Collectors Society. It also appears in the Murillo Velarde map in his 1749 book under the name Panacot or Scarborough Shoal, both terms refer to Bajo de Masinloc.
Going Back to the 18Th century, the Hydrographical and Chorographical Chart of the Philippine Islands was one of the First versions of the Philippines map. This magnificent map of the Philippine archipelago, drawn by the Jesuit Father Pedro Murillo Velarde and published in Manila in 1734, is the first and most important scientific map of the Philippines.
The Philippines was at that time a vital part of the Spanish Empire, and the map shows the maritime routes with captions from Manila to Spain, and to Mexico known as New Spain, and other Spanish territories in the New World.
Currently, the Philippines based its claims on the legal Victory on the 12th of July 2016, the United Nations Convention on the Law of the Sea. The Arbitral Tribunal in the South China Sea Arbitration between the Republic of the Philippines versus The People’s Republic of China. Which issued a unanimous award in the disputed waters in the South China Sea largely favorable to the Philippines, which was rejected by China.
Join this channel to get access to perks:
https://www.youtube.com/channel/UCuCwi7OhBOCvHDKHUS3m_1Q/join