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Coordinates: 9°45′N 116°28′E / 9.750°N 116.467°E / 9.750; 116.467 (Sabina Shoal)
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Sabina Shoal is a disputed low-tide elevation<ref name="scmp-new-hotspot" /><ref name="amti-map" /> in the Spratly Islands which is [[Territorial disputes in the South China Sea|claimed by multiple states]]: China, the Philippines, Taiwan and Vietnam. As a low-tide elevation that is not within the territorial sea of a [[littoral]] state, Sabina Shoal itself does not generate any [[territorial sea]] of its own per Article 13 of the United Nations Convention on the Law of the Sea (UNCLOS).<ref>{{cite web |title=United Nations Convention on the Law of the Sea |url=https://www.un.org/depts/los/convention_agreements/texts/unclos/part2.htm |publisher=[[United Nations]] |access-date=23 September 2024}}</ref>
Sabina Shoal is a disputed low-tide elevation<ref name="scmp-new-hotspot" /><ref name="amti-map" /> in the Spratly Islands which is [[Territorial disputes in the South China Sea|claimed by multiple states]]: China, the Philippines, Taiwan and Vietnam. As a low-tide elevation that is not within the territorial sea of a [[littoral]] state, Sabina Shoal itself does not generate any [[territorial sea]] of its own per Article 13 of the United Nations Convention on the Law of the Sea (UNCLOS).<ref>{{cite web |title=United Nations Convention on the Law of the Sea |url=https://www.un.org/depts/los/convention_agreements/texts/unclos/part2.htm |publisher=[[United Nations]] |access-date=23 September 2024}}</ref>


Determining sovereignty of disputed features is beyond the jurisdiction of UNCLOS according to Professor Robert Beckman of [[Nanyang Technological University]].<ref name="beckmanRoleOfUNCLOS">{{Cite web |first1 =Andrea| last1 =Ho|date=2021-05-06 |title=Professor Robert Beckman on the Role of UNCLOS in Maritime Disputes |url=https://gjia.georgetown.edu/2021/05/06/professor-robert-beckman-on-the-role-of-unclos-in-maritime-disputes/ |access-date=2024-07-09 |website=Georgetown Journal of International Affairs |language=en-US}}</ref> The 2016 [[South China Sea Arbitration]] by the arbitral tribunal at [[Permanent Court of Arbitration]] in [[The Hague]] specifically stated that it does not "rule on any question of sovereignty".<ref name=jurisadmiss>{{cite web |title=Award on Jurisdiction and Admissibility |date=29 October 2015 |publisher=Permanent Court of Arbitration |url=https://pcacases.com/web/sendAttach/2579 |language=en |access-date=30 January 2022 |archive-date=3 May 2022 |archive-url=https://web.archive.org/web/20220503202232/https://pcacases.com/web/sendAttach/2579 |url-status=live }}</ref> The ruling did address specific issues brought to it which included where the Philippines' sovereign rights in its exclusive economic zone had been breached by others.<ref name=jurisadmiss/> Other parts of its exclusive economic zone such as Sabina Shoal were not specifically considered by the ruling.<ref name="newFirestormErupts">{{cite news |last1=Seidel |first1=Jamie |title=New ‘firestorm’ erupts between China and Philippines in South China Sea |url=https://www.news.com.au/technology/innovation/military/new-firestorm-erupts-between-china-and-philippines-in-south-china-sea/news-story/ad4eee1ab3a200f752cbf3ff451b14d8 |publisher=[[News.com.au]] |date=September 5, 2024}}</ref> There is a distinction between sovereignty and sovereign rights according to international maritime law.<ref name="sovereigntyVsSovereignRights">{{cite news |last1=Basu |first1=Pratnashree |title=Sovereignty Vs. Sovereign Rights: De-escalating Tensions in the South China Sea |url=https://www.orfonline.org/research/sovereignty-vs-sovereign-rights-de-escalating-tensions-in-the-south-china-sea |publisher=[[Observer Research Foundation]] |date=August 14, 2023}}</ref><ref name="seaDisputeSovereigntyVsSovereignRights">{{cite news |last1=Alfarsi |first1=Haroun |title=Sea Dispute: Sovereignty vs. Sovereign Rights |url=https://www.profolus.com/topics/sovereignty-vs-sovereign-rights-difference/ |publisher=Profolus |date=April 27, 2024}}</ref>
Determining sovereignty of disputed features is beyond the jurisdiction of UNCLOS according to Professor Robert Beckman of [[Nanyang Technological University]].<ref name="beckmanRoleOfUNCLOS">{{Cite web |first1 =Andrea| last1 =Ho|date=2021-05-06 |title=Professor Robert Beckman on the Role of UNCLOS in Maritime Disputes |url=https://gjia.georgetown.edu/2021/05/06/professor-robert-beckman-on-the-role-of-unclos-in-maritime-disputes/ |access-date=2024-07-09 |website=Georgetown Journal of International Affairs |language=en-US}}</ref> The 2016 [[South China Sea Arbitration]] by the arbitral tribunal at [[Permanent Court of Arbitration]] in [[The Hague]] stated that it was not empowered to address the question of sovereignty over the Spratly Islands.<ref name="scsArbitration2016">{{cite web |last1=Mensah, et al |first1=Thomas A. |title=The South China Sea Arbitration Award of 12 July 2016 |url=https://pcacases.com/web/sendAttach/2086 |website=PCA Cases |publisher=[[Permanent Court of Arbitration]] |access-date=September 29, 2024}}</ref><ref name=jurisadmiss>{{cite web |title=Award on Jurisdiction and Admissibility |date=29 October 2015 |publisher=Permanent Court of Arbitration |url=https://pcacases.com/web/sendAttach/2579 |language=en |access-date=30 January 2022 |archive-date=3 May 2022 |archive-url=https://web.archive.org/web/20220503202232/https://pcacases.com/web/sendAttach/2579 |url-status=live }}</ref> The ruling did address specific issues brought to it which included where the Philippines' sovereign rights in its exclusive economic zone had been breached by others.<ref name=jurisadmiss/> Other parts of its exclusive economic zone such as Sabina Shoal were not specifically considered by the ruling.<ref name="newFirestormErupts">{{cite news |last1=Seidel |first1=Jamie |title=New ‘firestorm’ erupts between China and Philippines in South China Sea |url=https://www.news.com.au/technology/innovation/military/new-firestorm-erupts-between-china-and-philippines-in-south-china-sea/news-story/ad4eee1ab3a200f752cbf3ff451b14d8 |publisher=[[News.com.au]] |date=September 5, 2024}}</ref> There is a distinction between sovereignty and sovereign rights according to international maritime law.<ref name="sovereigntyVsSovereignRights">{{cite news |last1=Basu |first1=Pratnashree |title=Sovereignty Vs. Sovereign Rights: De-escalating Tensions in the South China Sea |url=https://www.orfonline.org/research/sovereignty-vs-sovereign-rights-de-escalating-tensions-in-the-south-china-sea |publisher=[[Observer Research Foundation]] |date=August 14, 2023}}</ref><ref name="seaDisputeSovereigntyVsSovereignRights">{{cite news |last1=Alfarsi |first1=Haroun |title=Sea Dispute: Sovereignty vs. Sovereign Rights |url=https://www.profolus.com/topics/sovereignty-vs-sovereign-rights-difference/ |publisher=Profolus |date=April 27, 2024}}</ref>


The Philippines as the coastal state has the sovereign rights to explore, manage, and conserve the natural resources of the sea within its EEZ according to UNCLOS.<ref name="chineseShipsReturnSabinaShoal">{{cite news |last1=Powell |first1=Ray |title=Chinese ships return to Sabina Shoal |url=https://www.sealight.live/posts/chinese-ships-return-to-sabina-shoal |publisher=SeaLight |date=November 19, 2023}}</ref><ref name="philippinesDidNotSurrender">{{cite news |last1=Gutierrez |first1=Jason |title=Philippines says it did not surrender Sabina Shoal to China |url=https://www.rfa.org/english/news/southchinasea/south-china-sea-sabina-shoal-09162024141029.html |publisher=[[Radio Free Asia]] |date=September 16, 2024}}</ref> It also has jurisdiction on "the establishment and use of artificial islands, installations and structures; marine scientific research; and the protection and preservation of the marine environment" according to the same.<ref name="preambleToUNCLOS" />
The Philippines as the coastal state has the sovereign rights to explore, manage, and conserve the natural resources of the sea within its EEZ according to UNCLOS.<ref name="chineseShipsReturnSabinaShoal">{{cite news |last1=Powell |first1=Ray |title=Chinese ships return to Sabina Shoal |url=https://www.sealight.live/posts/chinese-ships-return-to-sabina-shoal |publisher=SeaLight |date=November 19, 2023}}</ref><ref name="philippinesDidNotSurrender">{{cite news |last1=Gutierrez |first1=Jason |title=Philippines says it did not surrender Sabina Shoal to China |url=https://www.rfa.org/english/news/southchinasea/south-china-sea-sabina-shoal-09162024141029.html |publisher=[[Radio Free Asia]] |date=September 16, 2024}}</ref> It also has jurisdiction on "the establishment and use of artificial islands, installations and structures; marine scientific research; and the protection and preservation of the marine environment" according to the same.<ref name="preambleToUNCLOS" />

Revision as of 04:39, 29 September 2024

Sabina Shoal
Disputed atoll
Sabina Shoal
Sabina Shoal is located in Spratly Islands
Sabina Shoal
Sabina Shoal
Other namesBãi Sa Bin (Vietnamese)
Buhanginan ng Escoda (Filipino)
Escoda Shoal (Philippine English)
仙賓礁 / 仙宾礁 Xiānbīn Jiāo (Chinese)
Geography
LocationSouth China Sea
Coordinates9°45′N 116°28′E / 9.750°N 116.467°E / 9.750; 116.467 (Sabina Shoal)
ArchipelagoSpratly Islands
Claimed by
 China
 Philippines
 Taiwan
 Vietnam

Sabina Shoal, also known as Bãi Sa Bin (Template:Lang-vi); Escoda Shoal (Template:Lang-fil); Xianbin Jiao (Chinese: 仙賓礁/仙宾礁; pinyin: Xiānbīn Jiāo), is a disputed low-tide elevation[1][2] atoll[3] located in the northeast of Dangerous Ground in the Spratly Islands, South China Sea.

It is claimed by China, the Philippines, Taiwan and Vietnam. These countries claim the Spratly Islands either in part or their entirety.[4]

The shoal lies within the exclusive economic zone of the Philippines. The EEZ itself does not define the actual sovereignty for any islands and shoals within the zone but grants certain exclusive rights and jurisdictions under UNCLOS.[5]

Other names

The US BGN Advisory Committee on Undersea Features (ACUF) database also documents other names as Template:Lang-fr, Template:Lang-ms and alternative Chinese names as Hsien-pin An-sha, Xianbin Ansha, Yulin, 仙濱暗沙, 鱼鳞.[6]

Geography

Sabina Shoal is part of the Spratly Islands in the South China Sea. It lies in position 09° 45' N 116° 28' E,[7] 75 nautical miles from Palawan Island and lies within the 200-nautical mile exclusive economic zone (EEZ) of the Philippines.[8][9] It is situated 56 nautical miles southwest of Carnatic Shoal, with two main parts and an area of 115 square kilometres (44 sq mi).

The eastern half of Sabina Shoal consists of reefs awash, while the western half consists of banks 3.7 to 8.3 metres (12 to 27 feet) deep, and reefs enclosing a lagoon.[10]

Sovereignty and sovereign rights

Main articles: Exclusive economic zone and UNCLOS
Graphic definition of sea areas (top down view)

Sabina Shoal is a disputed low-tide elevation[1][2] in the Spratly Islands which is claimed by multiple states: China, the Philippines, Taiwan and Vietnam. As a low-tide elevation that is not within the territorial sea of a littoral state, Sabina Shoal itself does not generate any territorial sea of its own per Article 13 of the United Nations Convention on the Law of the Sea (UNCLOS).[11]

Determining sovereignty of disputed features is beyond the jurisdiction of UNCLOS according to Professor Robert Beckman of Nanyang Technological University.[12] The 2016 South China Sea Arbitration by the arbitral tribunal at Permanent Court of Arbitration in The Hague stated that it was not empowered to address the question of sovereignty over the Spratly Islands.[13][14] The ruling did address specific issues brought to it which included where the Philippines' sovereign rights in its exclusive economic zone had been breached by others.[14] Other parts of its exclusive economic zone such as Sabina Shoal were not specifically considered by the ruling.[15] There is a distinction between sovereignty and sovereign rights according to international maritime law.[16][17]

The Philippines as the coastal state has the sovereign rights to explore, manage, and conserve the natural resources of the sea within its EEZ according to UNCLOS.[18][19] It also has jurisdiction on "the establishment and use of artificial islands, installations and structures; marine scientific research; and the protection and preservation of the marine environment" according to the same.[5]

While China does not claim all waters within its nine-dash line as its internal waters and territorial sea,[20] its actions near Sabina Shoal, has resulted in commentators implying this applies.[21] The 2016 arbitral tribunal ruled that China has no legal basis for claims of historic rights with respect to maritime area claims within its nine-dash line.[22][23] China rejected the ruling as "ill-founded".[24]

Incidents

In 1995, soon after occupying Mischief Reef, China (PRC) installed three buoys near Sabina Shoal. They were confiscated by the Philippines.[25]

On April 27, 2021, during a joint maritime patrol operations of the Philippine Coast Guard (PCG) and Bureau of Fisheries and Aquatic Resources (BFAR) in the area, seven Chinese maritime militia vessels were spotted anchored at the atoll. After several challenges from BRP Cabra of the PCG, the militia vessels left the area.[26][27]

Alleging reclamation activities by China, the PCG stationed the BRP Teresa Magbanua at Sabina Shoal in April 2024. China responded by deploying its 12,000-ton 165 meter Coast Guard ship which is nicknamed "The Monster" because of its size.[28]

On the Independence Day of the Philippines in 2024, Rear Admiral Armando Balilo of the PCG, aboard BRP Teresa Magbanua in that part of the South China Sea called by the Philippines the West Philippine Sea, held a flag-raising ceremony claiming Sabina Shoal for the Philippines.[29] China responded with a vow to take "strong measures" against the Philippines.[30]

Up to 71 Coast Guard ships and other vessels from China were seen at Sabina Shoal from August 27 to September 2, 2024.[31]

Ramming incidents

On August 19, 2024, Philippine Coast Guard vessels BRP Cape Engaño along with the BRP Bagacay suffered damage after being rammed by China Coast Guard ships off Sabina Shoal. Bagacay suffered a 3-foot hole above the waterline.[32] A 60 Minutes crew with journalist Cecilia Vega were onboard the Cape Engaño when it was surrounded by 14 Chinese Coast Guard and Maritime Militia ships and rammed at 4am by a China Coast Guard vessel. The ramming tore a 3 1/2 foot hole above the waterline on the Cape Engaño.[33]

China Coast Guard vessel 21555 ramming BRP Datu Sanday on August 25, 2024 near Sabina Shoal

The day after a clash between the two coast guards near the shoal on August 19, 2024, the Philippine government stated it was examining expanding the provisional agreement that had been established to de-escalate tensions near the Second Thomas Shoal to other areas.[34]

On August 25, 2024, while approaching Sabina Shoal on a humanitarian mission to resupply Filipino fishermen with fuel, food and medical supplies, the Philippine Bureau of Fisheries and Aquatic Resources (BFAR) vessel BRP Datu Sanday was rammed and had water cannons deployed on it by at least 8 Chinese vessels, which caused an engine failure on the vessel, disabling it. BRP Datu Sanday was targeted by the People’s Liberation Army Navy (PLAN) ship 626 and multiple China Coast Guard cutters.[35][36] China Coast Guard spokesperson Gan Yu accused the Philippine vessel of intentionally colliding with their ship, but video released by the Philippine Coast Guard showed the Chinese Coast Guard vessel 21555 doing the ramming.[37]

China Coast Guard vessel 5205 ramming BRP Teresa Magbanua on August 31, 2024 in Sabina Shoal

On August 31, 2024, China Coast Guard vessel 5205 rammed the port bow of the Philippines Coast Guard patrol ship BRP Teresa Magbanua, then turned around and struck its starboard quarter, turned around once more and struck its port bow. Parts of the Philippine Coast Guard ship were left with holes after the Chinese Coast Guard vessel's actions.[38] Footage released on social media by Philippine Coast Guard spokesperson Jay Tarriela showed how the China Coast Guard vessel deliberately rammed the Philippine Coast Guard patrol ship multiple times.[15] The China Coast Guard spokesperson Liu Dejun's claim was released hours earlier that “At 12:06, the Philippine ship deliberately rammed into the Chinese ship 5205 in an unprofessional and dangerous manner, causing a collision for which the Philippines bears full responsibility.”[39] Tariella released further footage showing the damage to the Philippine ship, including a man-sized hole.[40]

The United States,[41] Japan, Taiwan, Australia, and the European Union condemned China's repeated ramming of the Filipino vessel and denounced China's actions, demanding that China stop its aggression.[42]

Environmental destruction

Philippine Coast Guard examining crushed dead corals dumped in Sabina Shoal

In September of 2023, a Philippine Coast Guard survey revealed massive damage to the marine environment and coral reef in Sabina Shoal.[43] The presence of crushed corals in the reef indicated dumping and potential attempts at reclamation activities, similar to artificial islands created by China in the South China Sea, also known as the Great Wall of Sand. In May, 2024, the Philippine Coast Guard discovered more crushed corals at the shoal, and said that Chinese maritime militia vessels were suspected as they were swarming the area with cabbage tactics prior to the environmental destruction.[44][4]

China said there was no scientific or factual basis for the claims made by the Philippines. It claimed that the PCG ship (BRP Teresa Magbanua) which had been anchored at the shoal in April 2024[28] had caused continuous damage to the surrounding natural environment.[45]

References

  1. ^ a b Maitem, Jeoffrey (7 Aug 2024). "South China Sea: Sabina Shoal may be new hotspot as Philippines, Beijing spar over sovereignty". South China Morning Post. Retrieved 23 September 2024. Manila has had the BRP Teresa Magbanua deployed to the shoal – a low-tide elevation feature that is part of the Spratly Islands
  2. ^ a b "Rocks, Reefs, Submerged Shoals – Who Claims Or Occupies Them?". Asia Maritime Transparency Initiative. Retrieved 23 September 2024.
  3. ^ Gan, Nectar (August 27, 2024). "A dangerous new flashpoint is fast emerging in the South China Sea". CNN.
  4. ^ a b "Manila accuses Beijing of island building in South China Sea". RFA.
  5. ^ a b "PREAMBLE TO THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA". United Nations. United Nations. Retrieved September 22, 2024.
  6. ^ "Geographic Names Server (GNS} database". Springfield, Virginia, USA: National Geospatial-Intelligence Agency. Retrieved September 11, 2024.
  7. ^ D.J Hancox; John Prescott. A Geographical Description of the Spratly Islands. UK: International Boundaries Research Unit. p. 28.
  8. ^ "Philippines condemns latest China Coast Guard aggression". Presidential Communications Office. August 31, 2024.
  9. ^ "Philippines to Take Steps to Prevent Chinese Reclamation in South China Sea". The Diplomat.
  10. ^ Admiralty Sailing Directions - South China Sea. Taunton: UKHO - United Kingdom Hydrographic Office. 2004. p. 64.
  11. ^ "United Nations Convention on the Law of the Sea". United Nations. Retrieved 23 September 2024.
  12. ^ Ho, Andrea (2021-05-06). "Professor Robert Beckman on the Role of UNCLOS in Maritime Disputes". Georgetown Journal of International Affairs. Retrieved 2024-07-09.
  13. ^ Mensah, Thomas A.; et al. "The South China Sea Arbitration Award of 12 July 2016". PCA Cases. Permanent Court of Arbitration. Retrieved September 29, 2024. {{cite web}}: Explicit use of et al. in: |last1= (help)
  14. ^ a b "Award on Jurisdiction and Admissibility". Permanent Court of Arbitration. 29 October 2015. Archived from the original on 3 May 2022. Retrieved 30 January 2022.
  15. ^ a b Seidel, Jamie (September 5, 2024). "New 'firestorm' erupts between China and Philippines in South China Sea". News.com.au.
  16. ^ Basu, Pratnashree (August 14, 2023). "Sovereignty Vs. Sovereign Rights: De-escalating Tensions in the South China Sea". Observer Research Foundation.
  17. ^ Alfarsi, Haroun (April 27, 2024). "Sea Dispute: Sovereignty vs. Sovereign Rights". Profolus.
  18. ^ Powell, Ray (November 19, 2023). "Chinese ships return to Sabina Shoal". SeaLight.
  19. ^ Gutierrez, Jason (September 16, 2024). "Philippines says it did not surrender Sabina Shoal to China". Radio Free Asia.
  20. ^ "Wang Yi Laid Out Three Basic Facts of the Issue of the South China Sea". Kuwait: Chinese Embassy. September 9, 2020. Retrieved September 26, 2024.
  21. ^ Zhang, Anson (October 24, 2023). "Why does China claim almost the entire South China Sea?". Al-Jazeera.
  22. ^ "'No legal basis' for China's South China Sea claims". Al-Jazeera. July 13, 2016.
  23. ^ Wang, Zheng (July 11, 2016). "China and UNCLOS: An Inconvenient History". The Diplomat.
  24. ^ "Beijing rejects tribunal's ruling in South China Sea case". The Guardian. 12 Jul 2016.
  25. ^ Bondoc, Jarius (16 April 2012). "China out to grab Zambales shoal". Philippine Star. Retrieved 23 May 2014. (Zambales Shoal is also known as Scarborough Shoal.)
  26. ^ Bagaoisan, Anjo (May 5, 2021). "7 barko ng China, pinaalis ng PCG sa Sabina Shoal". ABS-CBN News. Retrieved May 6, 2021.
  27. ^ Viray, Patricia Lourdes (May 5, 2021). "Chinese militia vessels at Sabina Shoal disperse after challenge by coast guard — Esperon". The Philippine Star. Retrieved May 6, 2021.
  28. ^ a b "South China Sea: a visual guide to the key shoals, reefs and islands". The Guardian. July 30, 2024.
  29. ^ Dela Cruz, Raymond Carl (June 12, 2024). "PH flag raised for 1st time at Sabina Shoal on Independence Day". Philippine News Agency. Retrieved June 21, 2024.
  30. ^ "China vows 'strong measures' against Philippines over encroaching ships in South China Sea". South China Morning Post. n.d. Retrieved August 18, 2024.
  31. ^ "Philippines says 200-plus Chinese vessels have clustered in its EEZ". Radio Free Asia. September 3, 2024.
  32. ^ Aaron-Matthew, Lariosa (19 August 2024). "China Coast Guard Rams Philippine Cutters Near Disputed South China Sea Shoals". USNI News. Retrieved 23 August 2024.
  33. ^ "China rams Philippine ship while 60 Minutes on board; South China Sea tensions could draw U.S. in". 60 Minutes. September 16, 2024.
  34. ^ Darryl John Esguerra (August 20, 2024). "PH mulls expanding Ayungin Shoal 'provisional arrangement' with China". Philippine News Agency. Retrieved August 20, 2024.
  35. ^ Lariosa, Aaron-Matthew (August 25, 2024). "Chinese Cutters Ram Philippine Vessel in the South China Sea". USNI News.
  36. ^ Naval, Rex Anthony (August 26, 2024). "NTF-WPS: 8 Chinese ships ram, harass BFAR vessel". Business Mirror.
  37. ^ "Chinese Ships Deploy Water Cannons & Ram BFAR Vessel To Disrupt Humanitarian Mission". Marine Insight. August 26, 2024.
  38. ^ Ong, Ghio (September 1, 2024). "Chinese Vessel Rams PCG Patrol Ship 3 times". One News.
  39. ^ Ong, Ghio (September 1, 2024). "Chinese vessel rams PCG patrol ship 3 times". The Philippine Star.
  40. ^ "China ramming pokes man-sized hole on BRP Teresa Magbanua". GMA News Online. September 2, 2024.
  41. ^ KG (September 1, 2024). "US stands with PH, condemns China's actions in WPS". MSN.
  42. ^ Abarca, Charie (September 2, 2024). "EU joins 4 nations in denouncing China's ramming of PH boat in West Philippine Sea". Philippine Daily Inquirer.
  43. ^ Manabat, Jacque (September 18, 2023). "Coast Guard videos show massive damage to Rozul Reef, Escoda Shoal". ABS-CBN News.
  44. ^ Delizo, Michael (May 11, 2024). "PCG: Escoda Shoal in sorry state after coral dumping for reclamation attempt". ABS-CBN News.
  45. ^ "China says no scientific, factual basis for Philippines' damage claims at Sabina Shoal". The Standard. 30 Aug 2024.
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