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.