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The Spratly Islands are a group of more than 750 reefs, islets, atolls, cays and islands in the South China Sea between the Philippines, China, Malaysia, Brunei, and Vietnam. They comprise less than four square kilometers of land area, spread over more than 425,000 square kilometers of sea. The Spratlys, as they are called, are part of the three archipelagos of the South China Sea, comprising more than 30,000 islands and reefs and which so complicates geography, governance and economics in that region of Southeast Asia. Such small and remote islands have little economic value in themselves, but are important in establishing international boundaries. There are no native islanders but there are rich fishing grounds and initial surveys indicate the islands may contain significant oil and gas.

About 45 islands are occupied by relatively small numbers of military forces from the People's Republic of China, the Republic of China (Taiwan), Malaysia, the Philippines, and Vietnam. Brunei has claimed an EEZ in the southeastern part of the Spratlys encompassing just one area of small islands above mean high water (on Louisa Reef.)

• Coordinates: 8°38′N 111°55′E / 8.633°N 111.917°E / 8.633; 111.917 (Spratly Island)
• Area (land): less than 5 km²
  • note: includes 148 or so islets, coral reefs, and seamounts scattered over an area of nearly 410,000 km² of the central South China Sea
• Coastline: 926 km
• Political divisions:
  • Brunei: Claims Louisa Reef itself, as well as an Exclusive Economic Zone (EEZ) around that and neighboring reefs ;
  • Malaysia: Part of the state of Sabah (also claimed by the Philippines);
  • Philippines: Part of Palawan province;
  • People's Republic of China: Part of the Paracels, Spratlys, and Zhongsha Islands Authority, Hainan province;
  • Republic of China: Part of Kaohsiung municipality
  • Vietnam: Part of Khanh Hoa Province;
• Climate: tropical
• Terrain: flat
• Elevation extremes:
  • lowest point: South China Sea (0 m)
  • highest point: unnamed location on Southwest Cay (4 m)
• Natural hazards: serious maritime hazards because of numerous banks, reefs and shoals

The islands are most likely volcanic in origin. The islands themselves contain almost no significant arable land and have no indigenous inhabitants, although twenty of the islands, including Itu Aba, the largest, are considered to be able to sustain human life. Natural resources include fish, guano, undetermined oil and natural gas potential. Economic activity includes commercial fishing, shipping, and tourism. The proximity to nearby oil- and gas-producing sedimentary basins suggests the potential for oil and gas deposits, but the region is largely unexplored, and there are no reliable estimates of potential reserves. Commercial exploitation of hydrocarbons has yet to be developed. The Spratly Islands have at least three fishing ports, several docks and harbors, at least three heliports, at least four territorial rigging style outposts (especially due west of Namyit), and six to eight airstrips. These islands are strategically located near several primary shipping lanes.

Coral reefs

Coral reefs are the predominant structure of these islands; the Spratly group contains over 600 coral reefs in total.

Vegetation

Little vegetation grows on these islands, which are subject to intense monsoons. Larger islands are capable of supporting tropical forest, scrub forest, coastal scrub and grasses. It is difficult to determine which species have been introduced or cultivated by humans. Itu Aba Island was reportedly covered with shrubs, coconut, and mangroves in 1938; pineapple was also cultivated here when it was profitable. Other accounts mention papaya, banana, palm, and even white peach trees growing on one island. A few islands which have been developed as small tourist resorts have had soil and trees brought in and planted where there were none.

Wildlife

The islands that do have vegetation provide important habitats for many seabirds and sea turtles.

Both the Green Turtle (Chelonia mydas, endangered) and the Hawksbill Turtle (Eretmochelys imbricata, critically endangered) formerly occurred in numbers sufficient to support commercial exploitation. These species reportedly continue to nest even on islands inhabited by military personnel (such as Pratas) to some extent, though it is believed that their numbers have declined.

Seabirds use the islands for resting, breeding, and wintering sites. Species found here include Streaked Shearwater (Calonectris Leucomelas), Brown Booby (Sula Leucogaster), Red-Footed Booby (S. sula), Great Crested Tern (Sterna bergii), and White Tern (Gygis Alba). Little information is available regarding current status of the islands’ seabird populations, though it is likely that birds may divert nesting site to smaller, less disturbed islands. Bird eggs cover the majority of Song Tu, a small island in the eastern Danger Zone.

Unfortunately, this ecoregion is still largely a mystery. Scientists have focused their research on the marine environment, while the ecology of the terrestrial environment remains relatively unknown.

Ecological hazards

Political instability, tourism and the increasing industrialization of neighboring countries has led to serious disruption of native flora and fauna, over-exploitation of natural resources, and environmental pollution. Disruption of nesting areas by human activity or by introduced animals, such as dogs, has reduced the number of turtles nesting on the islands. Sea turtles are also slaughtered for food on a significant scale. The sea turtle is a symbol of longevity in Chinese customs and at times the military personnel are given orders to protect the turtles.

Heavy commercial fishing in the region incurs other problems. Though it has been outlawed, fishing methods continue to include the use of bottom trawls fitted with chain rollers. In addition, during a recent routine patrol, more than 200 kg of Potassium cyanide solution was confiscated from fishermen who had been using it for fish poisoning. These activities have a devastating impact on local marine organisms and coral reefs.

Some interest has been taken in regard to conservation of these island ecosystems. J.W. McManus has explored the possibilities of designating portions of the Spratly Islands as a marine park. One region of the Spratly Archipelago, called Truong Sa, was proposed by Vietnam’s Ministry of Science, Technology and the Environment (MOSTE) as a future protected area. The 160 km2 site is currently managed by the Khanh Hoa Provincial People’s Committee of Vietnam.

Military groups in the Spratlys have engaged in environmentally damaging activities such as shooting turtles and seabirds, raiding nests, and fishing with explosives. The collection of rare medicinal plants, collecting of wood and hunting for the wildlife trade are common threats to the biodiversity of the entire region, including these islands. Coral habitats are threatened by pollution, over-exploitation of fish and invertebrates, and the use of explosives and poisons as fishing techniques.

Early cartography of the Spratly Islands

The first possible human interaction with the Spratly Islands dates back between 600 BCE to 3 BCE. This is based on the theoretical migration patterns of the people of Nanyue (southern China and northern Vietnam) and Old Champa kingdom who may have migrated from Borneo, which may have led them through the Spratly Islands.

Ancient Chinese maps record the "Thousand Li Stretch of Sands"; Qianli Changsha (千里長沙) and the "Ten-Thousand Li of Stone Pools"; Wanli Shitang (萬里石塘), which China today claims refers to the Spratly Islands. The Wanli Shitang have been explored by the Chinese since the Yuan Dynasty and may have been considered within their national boundaries. They are also referenced in the 13th century, followed by the Ming Dynasty. When the Ming Dynasty collapsed, the Qing Dynasty continued to include the territory in maps compiled in 1724, 1755, 1767, 1810, and 1817. A Vietnamese map from 1834 also includes the Spratly Islands clumped in with the Paracels (a common occurrence on maps of that time) labeled as "Wanli Changsha".

According to Hanoi, old Vietnamese maps record Bãi Cát Vàng (Golden Sandbanks, referring to both Paracels and the Spratly Islands) which lay near the Coast of the central Vietnam as early as 1838. In Phủ Biên Tạp Lục (Frontier Chronicles) by the scholar Le Quy Don, Hoàng Sa and Trường Sa were defined as belonging to Quảng Ngãi District. He described it as where sea products and shipwrecked cargoes were available to be collected. Vietnamese text written in the 17th century referenced government-sponsored economic activities during the Le Dynasty, 200 years earlier. The Vietnamese government conducted several geographical surveys of the islands in the 18th century.

Despite the fact that China and Vietnam both made a claim to these territories simultaneously, at the time, neither side was aware that their neighbor had already charted and made claims to the same stretch of islands.

The islands were sporadically visited throughout the nineteenth and early twentieth centuries by mariners from different European powers (including Richard Spratly, after whom the island group derives its most recognizable English name). However, these nations showed little interest in the islands. In 1883, German boats surveyed the Spratly and Paracel Islands but withdrew the survey eventually after receiving protests from the Nguyen Dynasty. Many European maps before the 20th century do not even make mention of this region.

Military conflict

In 1933, France reasserted its claims from 1887 to the Spratly and Paracel Islands on behalf of its then-colony Vietnam. It occupied a number of the Spratly Islands, including Itu Aba, built weather stations on two, and administered them as part of French Indochina. This occupation was protested by the Republic of China government because France admitted finding Chinese fishermen there when French war ships visited the nine islands. In 1935, the ROC government also announced a sovereignty claim on the Spratly Islands. Japan occupied some of the islands in 1939 during World War II, and used the islands as a submarine base for the occupation of Southeast Asia. During the occupation, these islands were called Shinnan Shoto (新南諸島), literally the New Southern Islands, and put under the governance of Taiwan together with the Paracel Islands (西沙群岛). Today, Itu Aba Island is still administrated by the Republic of China, which took over the control of Taiwan from Japan in 1945.

Following the defeat of Japan at the end of World War II, China re-claimed the entirety of the Spratly Islands (including Itu Aba), accepting the Japanese surrender on the islands based on the Cairo and Potsdam Declarations. The ROC government withdrew from most of the Spratly and Paracel Islands after they retreated to Taiwan from the opposing Communist Party of China, which founded the People's Republic of China in 1949. ROC quietly withdrew troops from Itu Aba in 1950, but reinstated them in 1956 in response to Tomas Cloma's sudden claim to the island as part of Freedomland.

Japan renounced all claims to the islands in the 1951 San Francisco Peace Treaty, together with the Paracels, Pratas & other islands captured from China, upon which China reasserted its claim to the islands.

The naval units of the Vietnamese government took over in Trường Sa after the defeat of the French at the end of the First Indochina War. In 1958, the People's Republic of China issued a declaration defining its territorial waters, which encompassed the Spratly Islands. North Vietnam's prime minister, Pham Van Dong, sent a formal note to Zhou Enlai, stating that the Government of the Democratic Republic of Vietnam respects the decision by China regarding the 12 nautical mile limit of territorial waters . However, South Vietnam still claimed jurisdiction over the islands.

Hydrocarbons

There are multiple reasons why the neighboring nations would be interested in the Spratly Islands. In 1968 oil was discovered in the region. The Geology and Mineral Resources Ministry of the People's Republic of China (PRC) has estimated that the Spratly area holds oil and natural gas reserves of 17.7 billion tons (1.60 × 10 kg), as compared to the 13 billion tons (1.17 × 10 kg) held by Kuwait, placing it as the fourth largest reserve bed in the world. Naturally, these large reserves assisted in intensifying the situation and propelled the territorial claims of the neighboring countries.

In 1968, the Philippines started to take their claims a bit more seriously and stationed troops on three islands which had been claimed by the adventurer Tomas Cloma as part of Freedomland. In 1973 Vietnamese troops were stationed on five islands.

On 11 March 1976, the first major Philippine oil discovery occurred off the coast of Palawan, within the Spratly Islands territory, and these oil fields now account for fifteen percent of all petroleum consumed in the Philippines. In 1992, the PRC and Vietnam granted oil exploration contracts to U.S. oil companies that covered overlapping areas in the Spratlys. In May 1992, the China National Offshore Oil Corporation (CNOOC) and Crestone Energy (a U.S. company based in Denver, Colorado) signed a cooperation contract for the joint exploration of the Wan'an Bei-21 block, a 25,155 km² section of the southwestern South China Sea that includes Spratly Island areas. Part of the Crestone's contract covered Vietnam’s blocks 133 and 134, where PetroVietnam, PetroStar Energy(USA) and ConocoPhillips Vietnam Exploration & Production, a unit of ConocoPhillips, agreed to evaluate prospects in April 1992. This led to a confrontation between China and Vietnam, with each demanding that the other cancel its contract.

Commercial fishing

An additional motive is the region's role as one of the world's most productive areas for commercial fishing. In 1988, for example, the South China Sea accounted for eight percent of the total world catch, a figure which has certainly risen. The PRC has predicted that the South China Sea holds combined fishing and oil and gas resources worth one trillion dollars. There have already been numerous clashes between the PRC, the Philippines and other nations over "foreign" fishing vessels in its Exclusive Economic Zone (EEZ) and the media regularly report the arrest of Chinese fishermen. In 1984, Brunei established an exclusive fishing zone encompassing Louisa Reef in the southeastern Spratly Islands.

Commercial shipping

The region is also one of the busiest shipping lanes in the world. During the 1980s, at least two hundred and seventy ships passed through the Spratly Islands region each day, and currently more than half of the world's supertanker traffic, by tonnage, passes through the region’s waters every year. Tanker traffic through the South China Sea is over three times greater than through the Suez Canal and five times more than through the Panama Canal; twenty five percent of the world’s crude oil passes through the South China Sea.

Confrontations and other incidences

There have been occasional naval clashes over the Spratly Islands. In 1988, China and Vietnam clashed at sea over possession of Johnson Reef in the Spratlys. Chinese gunboats sank Vietnamese armed transport ships supporting a landing party of Vietnamese soldiers.

Extended continental shelf claims

The United Nations Convention on the Law of the Sea (UNCLOS) procedure for countries with coastlines to submit claims for their continental shelf to be extended beyond 200 nautical miles of their shores brought the spotlight back to the South China Sea and Spratly Islands in May 2009. Two such submissions were made - one by Vietnam for a claim over the northern portion of the sea which included the Paracel Islands, and another jointly by Vietnam and Malaysia for a joint claim over a "defined area" in the middle of the sea between the two countries which included part of the Spratly Islands. Brunei, a potential claimant, has not submitted such a claim but had provided preliminary information to the United Nations notifying it of its intention to claim a continental shelf beyond 200 nautical miles from its shores.

China immediately issues protests over the two submissions and called on the United Nations not to consider them. It also issued a stern warning to countries not to claim the islands which it said were its sovereign territory.

Diplomatic moves

Following a 1995 dispute between China and the Philippines, an ASEAN-brokered agreement was reached between the PRC and ASEAN member nations whereby one country would inform the other of any military movement within the disputed territory and that there would be no further construction. The agreement was promptly violated by China and Malaysia. Claiming storm damage, seven Chinese naval vessels entered the area to repair "fishing shelters" in Panganiban Reef. Malaysia erected a structure on Investigator Shoal and landed at Rizal Reef. In response the Philippines lodged formal protests, demanded the removal of the structures, increased naval patrols in Kalayaan and issued invitations to American politicians to inspect the PRC bases by plane.

In the early 21st century, the situation is improving. China recently held talks with ASEAN countries aimed at realizing a proposal for a free trade area between the ten countries involved. China and ASEAN have also been engaged in talks to create a code of conduct aimed at easing tensions in the disputed islands. On 5 March 2002, an agreement was reached, setting forth the desire of the claimant nations to resolve the problem of sovereignty "without further use of force". In November 2002, a Declaration on the Conduct of Parties in the South China Sea was signed, easing tensions but falling short of a legally binding code of conduct.

Declaration on the Conduct of Parties in the South China Sea 2002

This declaration was signed by the 10 foreign ministers of ASEAN countries and China on 4 November 2002 in Phnom Penh where the signatory countries pledged to resolve their sovereignty disputes in a peaceful manner, without resorting to the use of force and through direct negotiations among the countries concerned. The parties also undertook to exercise self-restraint with activities that would complicate or escalate disputes and affect peace and stability, including refraining from inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features.

In the interim, the parties pledged to carry out confidence building measures, such as by holding dialogues and exchange of views as appropriate between their defense and military officials; ensuring just and humane treatment of all persons who are in danger or distress; notifying on a voluntary basis other Parties concerned of any impending joint/combined military exercise; and exchanging, on a voluntary basis, relevant information.

The Parties may also explore or undertake cooperative activities such as marine environmental protection; marine scientific research; safety of navigation and communication at sea; search and rescue operation; and combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and armed robbery at sea, and illegal traffic in arms.

Brunei

Brunei claims the part of the South China Seas nearest to it as part of its continental shelf and Exclusive Economic Zone (EEZ). In 1984, Brunei declared an EEZ encompassing the above-water islets it claims in Louisa Reef. Brunei does not practice military control in the area.

Basis of Brunei's claim

Brunei's claims to the reef are based on the Law of the Sea. It states that the southern part of the Spratly Chain is actually a part of its continental shelf and therefore a part of its territory and resources.

Malaysia

Malaysia has militarily occupied three islands that it considers to be within its continental shelf. Swallow Reef (Layang Layang) has been turned into an island through land reclamation and hosts a dive resort.

The Malaysian military currently occupies Ardasier Reef (Terumbu Ubi), Mariveles Reef (Terumbu Mantanani) and Swallow Reef (Terumbu Layang or Pulau Layang Layang).

Basis of Malaysia's claim

Malaysian claims are based upon the continental shelf principle, which requires clearly defined coordinates.

Criticisms of Malaysia's claim

Some countries believe that the right of sovereignty is based on who made their claim first and Malaysia's first claim was not made until 1979.

People's Republic of China and Republic of China (Taiwan)

The People's Republic of China (PRC) claim all of the Spratly Islands as part of China and had a historical naval presence. Recently, they have had a profound military impact on the area.

The Republic of China (ROC), which ruled Mainland China before 1949 and has been confined to Taiwan since 1949, also claims all of the Spratly Islands. The ROC occupies Itu Aba, the largest island.

From 1932 to 1935, the ROC continued to include the territory in its administrative area through the Map Compilation Committee. When France claimed nine islands of the territory in 1933, it immediately encountered a revolt from Chinese fishermen and a protest from the Republic of China government in Nanking. Although China continued to claim the islands, the Second Sino-Japanese war drew its attention for the meantime from 1937 onwards. After the second world war, China reclaimed sovereignty over the islands through post World War II arrangements based on various treaties of the Allied Powers and China built a stone marker on the island. In 1947, the government renamed 159 islands in the area and published the Map of the South China Sea Islands (See left).

In 1958, the People's Republic of China, having taken over all of the Republic of China's territory except Taiwan, Penghu, Kinmen, and Matsu, issued a declaration of a 12 nautical mile limit territorial waters that encompassed the Spratly Islands. North Vietnam's prime minister, Phạm Văn Đồng, sent a formal note to recognize these claims and stated that the Government of the Democratic Republic of Vietnam (North Vietnam) respects the decision on the 12 nautical mile limit territorial waters.

South Vietnam (Republic of Vietnam) continued to assert sovereignty over the islands. Up to the end of the Vietnam War the army of the South Vietnamese still held military control over the majority of the Spratly islands. After the Vietnam War, the unified Vietnam continued to claim the Spratly islands as an integral part of Vietnam. Today, the People's Liberation Army and the military of the Republic of China are both stationed in several islands, including the largest, Taiping Island.

Basis for PRC's and ROC's claims

The PRC and ROC base their claims on the belief that the islands have been an integral part of China for nearly two thousand years and that neighboring countries and European Powers took advantage of China's poor condition and diversity to impinge on its sovereignty.

China claims to have discovered the islands in the Han Dynasty in 2 BC. The islands were claimed to have been marked on maps compiled during the time of Eastern Han Dynasty and Eastern Wu (one of the Three Kingdoms). Since the Yuan Dynasty in the 12th century, several islands that may be the Spratlys have been labeled as Chinese territory , followed by the Ming Dynasty and the Qing Dynasty from the 13th to 19th Century. In archaeological surveys the remains of Chinese pottery and coins have been found in the islands and are cited as proof for the PRC claim.

In addition, the PRC's military presence ensures a tangible claim to other potential challengers of sovereignty over at least those inhabited areas.

Criticisms to the PRC's and ROC's claims

Surveying an area without establishing a civilization there or a military garrison does not hold the same political weight as staking an official claim. However, the PRC's claim to the Spratly Islands is mostly grounded in the philosophy that since they were present there first they rightly have sovereignty. But this is similar as the British claim to the Falkland Islands.

Many of these claims to sovereignty come directly from the Ministry of Foreign Affairs of the People's Republic of China and cite works such as "Records of Rarities" also known as "Exotic Things" which also describes foreign lands and fantastical creatures such as mermaids, bringing the validity of the source into question. There is also doubt as to whether these sources state a claim of sovereignty or simply mention the Spratlys alongside other foreign lands.

Claims of pottery being found are mostly shipwrecked treasure from Chinese Galleons that sailed through the area and did not necessarily come from anyone who inhabited or even visited the islands.

Philippines

While the Philippines' claim to the Spratly Islands was first expressed in the United Nations General Assembly in 1946, Philippine involvement in the Spratlys did not begin in earnest until 1956, when on May 15, 1956, Filipino citizen and admiral Tomas Cloma proclaimed the founding of a new state, Kalayaan (Freedom Land).

The text of the San Francisco treaty stated that Japan had to give up any claim of sovereignty over the Spratlys but did not specify the country to which the Spratlys would go. Tomas Cloma and the present day government's view is that this made the Spratlys res nullius.

Cloma’s Kalayaan encompassed fifty three features spread throughout the eastern South China Sea, Itu Aba, Pag-asa and Nam Yit Islands, as well as West York Island, North Danger Reef, Mariveles Reef and Investigator Shoal but not including Spratly Island proper. Cloma then established a protectorate in July 1956 with Pag-asa as its capital and Cloma as “Chairman of the Supreme Council of the Kalayaan State”.

This action, although not officially endorsed by the Philippine government, was considered by other claimant nations as an act of aggression by the Philippines and international reaction was swift.

The ROC, the PRC, South Vietnam, France, the United Kingdom and the Netherlands lodged official protests (the Netherlands on the premise that it considered the Spratly Islands part of Dutch New Guinea) and The ROC sent a naval task force to occupy the islands and establish a base on Itu Aba, which it retains to the present day.

Tomas Cloma and the Philippines continued to state their claims over the islands; in October 1956 Cloma traveled to New York to plead his case before the United Nations and the Philippines had troops posted on three islands by 1968 on the premise of protecting Kalayaan citizens. In early 1971 the Philippines sent a diplomatic note on behalf of Cloma to Taipei demanding the ROC's withdrawal from Itu Aba and on 10 July in the same year Ferdinand Marcos announced the annexation of the 53 island group known as Kalayaan, although since neither Cloma or Marcos specified which fifty three features constituted Kalayaan, the Philippines began to claim as many features as possible. In April 1972 Kalayaan was officially incorporated into Palawan province and was administered as a single “poblacion” (township), with Tomas Cloma as the town council Chairman and by 1992, there were twelve registered voters on Kalayaan. The Philippines also reportedly attempted to land troops on Itu Aba in 1977 to occupy the island but were repelled by ROC troops stationed on the island. There were no reports of casualties from the conflict. In 2005, a cellular phone base station was erected by the Philippines' Smart Communications on Pag-asa Island.

The Philippines base their claims of sovereignty over the Spratlys on the issues of res nullius and geography. The Philippines contend Kalayaan was res nullius as there was no effective sovereignty over the islands until the 1930s when France and then Japan acquired the islands. When Japan renounced their sovereignty over the islands in the San Francisco Peace Treaty in 1951, there was a relinquishment of the right to the islands without any special beneficiary. Therefore, argue the Philippines, the islands became res nullius and available for annexation. Philippine businessman Tomas Cloma did exactly that in 1956 and while the Philippines never officially supported Cloma's claim, upon transference of the islands’ sovereignty from Cloma to the Philippines, the Philippines used the same sovereignty argument as Cloma did. The Philippine claim to Kalayaan on geographical bases can be summarized using the assertion that Kalayaan is distinct from other island groups in the South China Sea because:

It is a generally accepted practice in oceanography to refer to a chain of islands through the name of the biggest island in the group or through the use of a collective name. Note that Spratly (island) has an area of only 13 hectares compared to the 22 hectare area of the Pag-asa Island. Distance-wise, Spratly Island is some 210 nm off Pag-asa Islands. This further stresses the argument that they are not part of the same island chain. The Paracels being much further (34.5 nm northwest of Pag-asa Island) is definitely a different group of islands

A second argument used by the Philippines regarding their geographical claim over the Spratlys is that all the islands claimed by the Philippines lie within their archipelagic baselines, and that the Philippines is the only claimant which can make such a statement. The 1982 United Nations Convention on the Law of the Sea (UNCLOS III) stated that within its territorial waters (out to 12 nautical miles from the baseline), a coastal state is free to set laws, regulate use, and use any resource and that exclusive economic zones (EEZs) extend 200 nautical miles from the baseline. Within an EEZ, the coastal nation has sole exploitation rights over all natural resources. China, the Philippines, and Vietnam are all signatories to the UNCLOS III areement. The Philippines also argue, under Law of the Sea provisions, that the PRC can not extend its baseline claims to the Spratlys because the PRC is not an archipelagic state. Whether this argument (or any other used by the Philippines) would hold up in court is debatable but possibly moot, as the PRC and Vietnam seem unwilling to legally substantiate their claims and have rejected Philippine challenges to take the dispute to the World Maritime Tribunal in Hamburg.

Vietnam

Vietnam's response to China's claim is that Chinese records on Qianli Changsha and Wanli Shitang are in fact records about non-Chinese territories . For example, Qianli Changsha and Wanli Shitang were referred to in the ancient Chinese texts Ling Wai Dai Da and Zhu Fan Zhi as being in the Sea of Jiaozhi, Jiaozhi being the old name for northern Vietnam (Giao Chỉ), or as writings on foreign countries.

Vietnam's view is that the Chinese records do not constitute the declaration and exercise of sovereignty and that China did not declare sovereignty over the Spratlys until after World War II.

On the other hand, Vietnam claims the Spratlys based on international law on declaring and exercising sovereignty.

Vietnamese geographical maps record Bãi Cát Vàng (Golden Sandbanks, referring to Spratly Islands) as Vietnamese territory as early as the 17th century. In Phủ Biên Tạp Lục (Miscellaneous Records of Pacification in the Border Area) by the scholar Lê Quý Đôn, Hoàng Sa (Paracel Islands), and Trường Sa (Spratly Islands) were defined as belonging to Quảng Ngãi District. In Đại Nam Nhất Thống Toàn Đồ (Dai Nam Unified Map), an atlas of Vietnam completed in 1838, Trường Sa was shown as Vietnamese territory. Vietnam had conducted many geographical and resource surveys of the islands. The results of these surveys have been recorded in Vietnamese literature and history published since the 17th century. After the treaty signed with the Nguyen Dynasty, France represented Vietnam in international affairs and exercised sovereignty over the islands.

The Cairo Declaration, drafted by the Allies and China towards the end of World War II, listed the territories that the Allies intended to strip from Japan and return to China. Despite China being among the draftees of the declaration, this list did not include the Spratlys. Vietnam's response to China's claim that the Cairo Declaration somehow recognised the latter's sovereignty over the Spratlys is that this claim has no basis in fact.

At the San Francisco Conference on the peace treaty with Japan, the Soviet Union proposed that the Paracels and Spratlys belonged to China. This proposal was rejected by an overwhelming majority of the delegates. On July 7, 1951, Tran Van Huu, head of the Bao Dai Government's delegation to the conference declared that the Paracels and Spratlys were part of Vietnamese territory. This declaration met with no challenge from the 51 representatives at the conference.

The text of the Treaty of San Francisco listed the Spratlys as not part of the list of territories to be returned to China.

After the French left, the Vietnamese government exercised sovereignty over the islands. Vietnam currently occupies 31 islands. They are organized as a district of Khanh Hoa Province. At the 12th National Assembly Election held early in Trường Sa, the people and soldiers also voted for their local district government for the first time. For the first time, Trường Sa is organized like a normal inland district, with a townlet (thị trấn Trường Sa) and two communes (xã Sinh Tồn, xã Song Tử Tây). Forty nine people were elected to the communes' people's councils.

Occupied features

A feature is occupied by a country if one of the following is true:

• Soldiers and/or civilian citizens of a country are present in the feature, either by building structures over the feature to house the citizens (most features are of this type) or by manning a ship anchored over the feature (Philippine-occupied Irving Reef is of this type).
• Regularly visited by soldiers of a country, not necessarily having soldiers present in it 24 hours. These features must lie near (within 9 miles (14 km)) a feature occupied by the country in the way of the first condition. Presence of structures is not necessary. This is the case of Philippine-occupied Flat Island and Lankiam Cay where soldiers stationed at Nanshan Island and Loaita Island respectively, regularly visit on a daily basis.

The effective visible distance of horizon from a 15 meter (typical large structure) height above sea-level is 9 miles (14 km). This makes features occupied by the second condition to be also labeled as "occupied" since they can be guarded far away. However not all features within the 9-mile (14 km) radius can be considered as absolutely occupied. This is especially true for features that lie between and within 9 miles (14 km) of two or more features occupied by different countries. (See Virtually Occupied or Controlled table)

Virtually occupied or controlled

An unoccupied feature that lies within 9 miles (14 km) radius of an occupied feature, provided that it does not lie between the occupied feature and another occupied feature controlled by a different country and is not within 9 miles (14 km) of the feature occupied by the other country, can be considered as virtually occupied. 9 miles (14 km) is the effective horizon distance that can be seen from a 15 meter high structure. The nearer the feature, the better.

While virtually occupied features are not actual occupied features (e.g., no structures built and no soldiers are stationed or regularly visits), they are on the other hand largely controlled. If a naval vessel of another country was seen within the effective horizon of a feature and in an inconvenient direction, it can be taken as a military assault. Thus, the forces occupying the feature may attack the vessel. Claimant countries currently cannot upgrade the status of these virtually occupied features to absolutely occupied because other countries may view this as an expansion motive which clearly violates the Code of Conduct signed in 2002. Also, making the virtually occupied to absolutely occupied requires building of structures which will serve as barracks of new soldiers who will guard it. Building of structures in unoccupied (including virtually occupied) features is prohibited by the Code of Conduct.

Note that most virtually occupied features are by the Philippines. Vietnam in the past, prior to signing of the Code of Conduct, have acquired many features as much as it can. As of now, it has a total of 26 occupied features. Whenever it occupied a feature in the past, it immediately occupies features which are near to it. Example of this is South Reef which Vietnam immediately occupied after it successfully invaded Southwest Cay. Thus, no feature has been virtually controlled by Vietnam since it always occupy features which it can see within its horizon. Also, Vietnam's occupied features in Tizard and Union Banks are near other countries' occupied features. Hence, many unoccupied features near to Vietnam's occupied features in these banks also lie near other countries' occupied features. As for Malaysia, it only occupied reefs at the southern tip of the Spratly chain where features are dispersed. No other features can be found within the horizon of Malaysian-occupied features.

Unoccupied features

Claimed features by country but occupied by other country

See also: Spratly Islands History Timeline at spratleys.org.

• Spick, Mike. Dangerous Ground!, Air Forces Monthly, December 1993