The South China Sea Dispute Between China and the Philippines: The Chaos of the Colonial Era Begins

The historical origins of the South China Sea issue between China and the Philippines and the prelude to a full-scale hot war.

Understanding the Historical Context

This is the second part of a four-part series on the conflict between China and the Philippines in the South China Sea. It covers colonial-era historical developments and the road to modern warfare.

To understand the future, we must grasp the past. Second Thomas Shoal itself is unique; it is an apparent low-tide elevation. During high tide, the water completely submerges it, while at low tide, only a shallow area remains above water.

Legal Constraints on Sovereignty

Under international law, neither China nor the Philippines can claim sovereignty over locations such as Second Thomas Shoal. Even if the Philippines claims to be within its exclusive economic zone, it cannot assert national sovereignty.

However, many similar low-tide elevations in the South China Sea, such as Scarborough Shoal, Mischief Reef, and Subi Reef, including the contested Second Thomas Shoal.

It would be easier to handle if it were just a single shoal. But these shoals in the South China Sea are unique; they are coral islands. As corals grow and die, the shoals expand and eventually become islands.

Sovereignty and Future Claims

So, even though sovereignty cannot be claimed now, it may be asserted in the future. When it comes to uninhabited islands, the question of who will claim sovereignty arises. This is where the principle of prior occupation comes into play: the first occupier becomes the owner.

Thus, the principle behind the struggle for these islands and reefs in the South China Sea concerns the future, 50 or even 100 years from now, when they will become actual islands with sovereignty claims.

The struggle between China and the Philippines over the Second Thomas Shoal lies in this reasoning.

Broadening the view beyond the Second Thomas Shoal, there are complex sovereignty conflicts between China and Vietnam and China and the Philippines in the South China Sea.

Historical Claims by China

China has historically claimed the Paracel Islands and the Spratly Islands, but the Republic of China had limited capacity to manage them.

In the 1930s, France occupied and managed the Paracel Islands as part of its maritime expansion. At the time, France controlled Indochina, making Vietnam a French colony.

Japanese Occupation

In the late 1930s, Japan began to rise and occupied Pratas Island, then the Paracel Islands, driving out the French. The Anglo-French forces in Indochina quickly collapsed under Japanese attacks, leading to Japan also occupying the Spratly Islands.

Post-War Reclamation

By 1945, Japan's unconditional surrender granted China, as a victor, the rights of a victorious nation, reclaiming Taiwan and the Penghu Islands. Taiwan's Kaohsiung County managed the South China Sea islands under Japanese administration. On August 23, the Japanese forces stationed on these islands withdrew to Hainan Island, surrendering to the Chinese war zone.

The Chinese military believed that the South China Sea islands should be returned to China from Japan.

Republic of China's Actions in 1946

1946 the Republic of China dispatched four warships to take over these islands. The warships reached the Paracel Islands in November and sailed south to the Spratly Islands. They planted a sovereignty marker, providing significant evidence of the Republic of China's sovereignty over these islands.

The Philippines' Position Post-WWII

At that time, the Philippines did not claim sovereignty over these islands. As a U.S. colony, three treaties governed the Philippines, none including the South China Sea islands.

France's Continued Claim

However, France considered the Paracel Islands theirs after 1945, as Japan had taken them from France. During the Treaty of San Francisco negotiations, the status of the Spratly and Paracel Islands was not initially addressed. From the Republic of China's perspective, having received these islands from Japan, their sovereignty was natural and rightful.

In 1951, the Treaty of San Francisco stipulated that Japan would permanently renounce Taiwan and the Penghu Islands and return them to China. The treaty mentioned renouncing sovereignty over the Spratly Islands without specifying to whom.

Reportedly, France persuaded the U.S. to omit mentioning the return to China, as France still desired these islands. Consequently, the treaty ambiguously avoided the sovereignty issue.

France's Occupation of the Islands

In reality, by 1947, France had already occupied the Paracel Islands. The Republic of China, with limited capacity, only occupied a few islands within the Paracel group. Despite protests from the Chinese government, France did not respond.

China's Limited Control

Thus, France effectively controlled the Paracel Islands and occupied seven small islands in the Spratly group.

The Chinese Civil War erupted, further limiting the Republic of China's ability to protect the South China Sea islands.

CCP's Victory and Withdrawal

In 1950, the Chinese Communist Party occupied Hainan Island, leading the Republic of China's forces to withdraw from Woody Island in the Paracel Islands. The French government remained unaware until 1956, when the Chinese Communist Party reoccupied Woody Island. Apart from Woody Island, the rest of the Paracel Islands were under French control.

At this point, French control over the islands peaked, and its influence in Southeast Asia was at its height.

The Decline of French Colonial Rule

However, we now know French dominance in Southeast Asia was unsustainable. As colonial rule was about to collapse and a new era began, what new situations awaited these islands, and who would be the new contenders?