The second contestable point is that the baseline bill includes an attempt to legally make the Batanes Islands part of the Philippines’ archipelagic baseline. However, the Batanes Islands are located north of the 20th parallel of north latitude, which means that Manila would be in breach of Article 3 of the Treaty of Paris of 1898 signed by the US and Spain. According to the article, Spain had to concede the areas south of the 20th parallel to the US.
However, the Batanes Islands are north of the 20th parallel and were therefore not conceded to the US. In 1961, the Philippines promulgated “Republic Act 3046: Act to Define the Baseline of the Territorial Sea of the Philippines,” which extended the border of the Philippines further north to include the Mavudis Island, also known as Y’Ami Island, which is located at the northernmost point of the Batanes Islands.
Therefore, according to the maritime border agreement signed between Spain and Japan on Aug. 7, 1895, and the content of the negotiations on the Treaty of Paris, Taiwan still has a chance to fight for the sovereignty of the Batanes Islands.
The baseline bill would make the Philippines an archipelagic state and directly influence the right of Taiwanese ships and boats to pass through the waters of the Philippine archipelago, as well as the rights to fish near the waters of the Luzon Strait that Taiwanese fishermen have traditionally enjoyed.
According to the regulations of the Law of the Sea, an archipelagic state must respect the fishing rights of surrounding countries in the waters around its islands and allow the free passage of boats and ships in those waters. The Philippines has never had a clear definition of the waters surrounding its islands.
However, if the Philippines continues to emphasize the definitions of borders as listed in the Treaty of Paris, foreign ships will not be allowed to travel in the archipelagic waters of the Philippines. This means that Taiwanese fishermen would lose the fishing rights they traditionally had in the Luzon Strait. Should Manila fail to respect the agreement of 1898, it would be incumbent upon Taipei to lodge a protest.
The government must address this situation accordingly, as the baseline bill will soon be passed by the Philippines’ House of Representatives and, if passed, would have a serious impact on Taiwan’s territorial and maritime rights.
Chen Hurng-yu is a professor in the Department of History at National Chengchi University.
TRANSLATED BY DREW CAMERON
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