TAIWAN recently said the Philippines has distorted the facts and misrepresented the law in arguing that Taiping Island is a rock and not an island.
Taiping Island, with an area of 0.51 square kilometer and located in the contested Spratly Islands, is being claimed by Taiwan as part of its territory.
In a statement issued by Taiwan’s Ministry of Foreign Affairs (Mofa), it claims that Taiping Island is the largest naturally formed island in the Spratly Islands.
The Mofa said the island can sustain human habitation and economic life of its own, and meets the criteria of an island as defined in Article 121 of the United Nations Convention on the Law of the Sea (Unclos).
“Therefore, with regard to Taiping Island, the ROC [Republic of China] enjoys full rights associated with territorial waters, a contiguous zone, an exclusive economic zone [EEZ], and a continental shelf in accordance with the Unclos,” the statement said.
Moreover, Taiwan said their scholars have noted the Philippine interpretation of Paragraph 3 of Article 121 of the Unclos is not widely accepted in the international legal community and is not supported by any international legal precedent.
“If the Philippines’s interpretation were to be accepted, serious issues could arise, as several nations would no longer be able to claim EEZs of certain islands,” the statement said.
Paragraph 3 of Article 121 states that rocks, which cannot sustain human habitation or economic life of their own, shall have no EEZ or continental shelf.
Taiwan argued this was the case of Baker Island in the US and Okinotorishima in Japan. It also cited island-nations that have little freshwater and rely on rainwater harvesting would not be able to claim EEZ if the Philippine reasoning would be followed.
“The arbitral tribunal should, therefore, address this issue with great caution, conduct a comprehensive study; and refrain from accepting the Philippines’s unilateral position so that the interests of other members of the international community are not jeopardized and unnecessary disputes and conflicts do not emerge,” the statement said.
Minister of Foreign Affairs David Y. L. Lin, along with Minister of the Mainland Affairs Council Andrew L. Y. Hsia and Minister of the Environmental Protection Administration Wei Kuo-yen, recently visited Taiping Island.
They were there to inspect wells, natural vegetation, agriculture, the Guanyin Temple, as well as the remains of past structures. They also toured the island’s solar-power facilities, lighthouse, wharf, communications equipment and the Nansha Hospital.
Their trip was preceded by the visit to Taiping Island by Minister of the Interior Chen Wei-zen, who, together with a group of government officials, had lunch consisting of local natural ingredients, products from livestock, as well as vegetables and fruits grown by personnel stationed in the island.