Kalayaan Island Group claim by the Philippines not Legal, Pag Asa Island owned by Vietnam – Retired USN JAG

Here is one document from 2014 that most people in the Philippines likely have not heard of, probably because the Philippine Press suppresses it as it does not fit their narrative about the Philippines’ Territorial claims in the South China Sea (SCS).

This document was commissioned by the American Research Organization “CNA Analysis and Solutions” and is the result of the examination of the Philippines’ SCS claims by a retired Officer of the Judge Advocate Group (JAG) of the United States Navy (USN), Captain Mark E. Rosen.

Rosen is reportedly an experienced International Lawyer. The document is a bit long and full of legal terms, but here are his findings:

- The Philippines has a superior legal claim to Scarborough (or Panatag) Shoal.

- Reed (or Recto) Bank should be legally classified as a feature which is part of the Philippine Continental Shelf.

- The Philippines’ claiming all of the territories inside the Kalayaan Island Group (KIG) does NOT have much legal basis. In fact, Rosen compares the KIG claim to be the same as China’s “Nine-Dash Line” claim which are BOTH NOT legal.

- Rosen also says that the Philippines’ KIG claim in whole were made MUCH LATER than that of China, Taiwan and Vietnam.

- He acknowledges though that the Philippines has a strong claims to some features in the KIG based on the principle of first discovery and effective occupation, and these are West York (or Likas) Island, Nanshan (or Lawak) Island, Flat (or Patag) Island, and Lankiam (or Panata) Cay.

- The Philippines he said is ILLEGALLY occupying two islands in the KIG that are the RIGHTFUL PROPERTY of Vietnam (based on the French Annexation Document), and these Islands are Thitu (or Pag-Asa) Island and Loaita (or Kota) Island.

So there you go. Again, these are the findings of an experienced International Lawyer who is also a retired USN JAG.

SOURCE: Philippine Claims in the South China Sea: A Legal Analysis

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