Saturday, April 18, 2015

Chain of Custody - the legal basis for any US intervention in the West Philippine Sea

The current territorial boundaries of the Republic of the Philippines were legally established on July 4, 1946 when the U.S. relinquished certain territories it "bought" from Spain in 1898 through the Treaty of Paris.  The U.S. did not receive any compensation for these territories from the Republic of the Philippines.  These territories were essentially "donated" to the Republic of the Philippines.
Currently, there is an on-going effort by the People's Republic of China to physically grab certain portions of these territories as "her own".  These are the western territories of the Republic of the Philippines bordering the South China Sea.
The People's Republic of China was only established on October 5, 1949.
Due to the overwhelming advantage in terms of military power of the People's Republic of China, it appears that the Republic of the Philippines may not be in a position to physically resist the People's Republic of China from physically occupying these territories.
Once the Donee, Republic of the Philippines, involuntarily relinquishes control over these donated territories, such territories should be deemed as abandoned, and the Donor, the United States of America, shall have the primary legal right to regain possession of her donation.   The U.S. donated these territories to the Republic of the Philippines, and not the People's Republic of China.
Any territory which the Republic of the Philippines loses control of, therefore, shall revert back to its former U.S. Territory status, which should be defended with any means the U.S. has at its disposal as mandated by the U.S. Constitution.

US Naval and Aerial Blockade - the only way to peacefully eject Communist China from the Spratlys

UPDATE (16 JAN 2017)

There is a new POTUS. And it appears that his administration agrees in principle that Communist China must be kicked out of the West Philippine Sea with whatever means necessary.

Unfortunately, the National Government of the Philippines is now overtly pro-Communist China.

So once again, Uncle Sam might have to do this on his own. But despite the Communist Chinese loyalties of the incumbent Philippine National Government, there will still be millions of Filipinos who will be eternally grateful.

UPDATE (24 FEB 2016):

Since the last update of this post, Communist China had done the following:

1. Flew civilian tourists to the Spratlys;
2. Deployed SAMs to the Paracels; and
3. Deployed combat aircraft to the Paracels.

Obviously, these are "cabbage leaves" designed to wrap the competition into submission.

It is time for Uncle Sam to get tough with Communist China.

UPDATE (07 JAN 2016):

This article was originally written about eight (8) months ago.

Since then, Uncle Sam had conducted several "Freedom of Navigation" maneuvers in the area.

Did it deliver the desired effect?

Judging by the fact that Communist China is now flying aircraft to and from Fiery Cross Reef... Hell, no!

It is time for Uncle Sam to up the ante...

Impose a naval and aerial blockade on any permanent foreign presence in the section of the Spratlys which is within the 200-mile EEZ of the Philippines!


Based on the latest media reports, China is now constructing two (2) runways in the Spratlys.  This is being accomplished by destroying 500 acres of live coral reefs.

In all likelihood, they will also construct a third runway at Mischief Reef.  And this reef is only 130 miles from the shores of the Philippines (roughly the same distance from New York City to Wilmington, Delaware).

Once these runways are operational, Beijing's logical next step would be to declare an Air Defense Identification Zone (ADIZ) over the entire Spratlys.  And then, she will impose a naval blockade to prevent all other claimants from entering the area.  This will starve-out the civilian settlements and military garrisons of the Philippines, Vietnam, and Taiwan.  The West Philippine Sea and the South China Sea will then effectively become just mere backyard ponds in Beijing's growing empire. This is a textbook implementation of the Chinese Cabbage Strategy.

But this ominous development can still be stopped dead on its tracks.  The US can jump the gun on Beijing's impending aerial and naval blockade of the territory by imposing an aerial and naval blockade of its own - using the pretext of keeping international sea lanes open, as well as protecting the marine environment from further wanton destruction.

The Philippine Government can fire the opening salvo for this move by executing a formal written request for US intervention to the American People.

The million-dollar question then would be on how Beijing would react to this move.  Will she dare go to war (and certain naval humiliation) in the defense of her fraudulent Nine-Dash Line claim?  I don't think so.

And even if she does, it is always better to fight a half-prepared adversary than a fully-prepared one.

Once those runways are in place, the casualty count (and ergo the potential for a much wider conflagration) would be much higher.

The time to act is NOW!!!