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Garcia, Williegie M.

Mico, Elbert John L.


BBTE 2-2
Logic PHIL 1013
Polytechnic University of the Philippines

China Monster Country :


Texas Sharpshooter claiming the West Philippine Sea with its fallacious Argumentum ad
Baculum
From the past centuries, occupying territories is still the biggest issues for different
nations that even the famous Egyptians, Greeks, Romans are in clash with. It was seen from the
very beginning: the migration of Vikings from Europe to isolated American continent, the
bringing of African slaves to Northern America, and the exploration of European Empires to
make their country richer than ever are just some of the examples. It fall under taking control of
territories. A territory is one of the four most important factors to consider in terms of composing
a state. The other three factors are: people who are living, government who rules and the most
important freedom. For this reason, the epidemiologist Seymour Grufferman coined the term
Texas sharpshooter effect to describe this phenomenon. It means ignoring the difference
while focusing on the similarities, thus coming to an inaccurate conclusion. Similar to the
gamblers fallacy, this is an example of inserting meaning into randomness. This is also similar
to the post-designation fallacy.1 This is the sense why these empires did etymologically rise and
fall. It is under the claiming of territory matters.
The West Philippine Sea or the so-called South China Sea is stratigically located between
China and some of the countries of South East Asian region laying into the tension sea. It is rich
in natural resources including oil and beautiful islands. Aside from this reasons, it is good for its
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http://www.logicallyfallacious.com/index.php/logical-fallacies/176-texas-

sharpshooter-fallacy

impeccable place for military bases to a country who strenghtens or trains national defense. That
is why countries try to seize this islands and conflicts arise since the middle and last years of the
twentieth century.
Before, South China Sea is the used but its new official name is West Philippine Sea.
However, this does not affect China and Taiwan's claims over the sea, according to Beijing and
Taipei on the 13th day of September 2012.2
This paper would try to examine and critique the hostility of China in the territorial
dispute in South China Sea now called West Philippine Sea with its arguments in retrieving
those islands for how many years which includes, Spratlys, Paracel, Scarborough shoal and other
small islands in the sea. This paper would attempt to analyse the Texas Sharpshooter that is taken
the wrong way for the Chinese community and its government. Having their own evidence
proving that the entire seas and islands are for them, they committed Argumentum ad Baculum
as its consequence which they are now doing superposing the region of South East Asian
countries involved in the said sea. It is one of the most powerful arsenals in the world for its
military forces with its millions of armies, showing its power to penetrate small countries most
likely, the Philippines. This paper would endeavour to use these fallacy into Chinas
misconception belief showing its superpower to threat and obviously stops other who also
claimed in the tensional area of unblemished and uncivilized place before. And shown to this that
to which country does this territorial sea and group of islands have the right to own lawfully
according to international laws. Assume that China will get the ownership of those territories.
Now, the question is what would have taken place if this would have happened?

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2

http://globalnation.inquirer.net/40007/scarborough-shoal-it%e2%80%99s-ph-mapvs-chinamap#ixzz3wu7d8wB5

China became the most aggresive country in claiming territories in West Philippine Sea
for its reason, Whats in a name? an entire sea, says Chinese Vice Admiral Yuan Yubai. On
September 14, 2012 at a defense conference in London, Yuan said that the South China Sea, as
the name indicates, is a sea area that belongs to China, according to defense media.3
Consequently, they committed a Texas Sharpshooter fallacy.
Meanwhile, there is no word as to whether Vice Admiral Yuan thinks the Indian Ocean
belongs to India or the Gulf of Mexico to Mexico simply because of their names.
Furthermore, they have a fallacious reasoning because no one can own a body of water,
the rivers belong to everybody you can own the rights to the land but the water belongs to the
world.4 Particularly to the UNCLOS (United Nations Convention on the Law of the Sea) which
covers worldwide seas. Likewise, they unyielding an Argumentum ad Baculum fallacy as
follows to its Texas Sharpshooter. This fallacy came up from Latin: argument to the cudgel or
appeal to the stick, also known as "appeal to force", is a fallacious argument. It is where force, or
the threat of force, is given as an argument for a conclusion. 5 This paper would presented the
position of China that ranked as 3 out of 126 countries having the most prodigious stashes in
sphere.
China claims nearly all of the West Philippine Seas rocks, shoals, reefs and islets as its
own, carving out the waterway with a so-called Nine Dash Line that extends southward toward
Borneo to include 2 million sq. km of sea.6 However, five other governments those of

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3

http://time.com/4034455/south-china-sea-admiral-yuan-yubai-maritime-dispute/

https://answers.yahoo.com/question/index?qid=20120805175632AAawQJM
http://www.wordiq.com/definition/Argumentum_ad_baculum
6
http://time.com/
5

Taiwan, Vietnam, Malaysia, Brunei and the Philippines are also vying for ownership of
various bits of sand and rock in the resource-rich waters. Maritime clashes over these shoals and
reefs have, over the decades, and claimed dozens of lives.
It had a deceptive argument about their misconceptional beliefs because there are
statements that elucidating they are committing fallacies. First, UNCLOS had a law saying that
every 200 nautical miles of the country should be declared as its territory. Therefore, Spratlys are
in scope and covers under the Philippines. Scarborough on the other hand, located 124 nautical
miles from Masinloc town in Zambales and 472 nautical miles from Chinas nearest coastal
province of Hainan, is called Huangyan Island by the Chinese. Huangyan, the island that is in
southernmost part of China is far from the said sea. That is the only part of China being the
nearest island in the tension zone. Aside from that, they created their own map of appealing the
territories in extent of both islands and seas. Another reasoning is that they claim the sea as they
said that from the ancient times, their ancestors are already there to had fishing and they declared
that it is part of them. Lastly, the name that upholds that the sea fits to them.
The problem with the 9-dash line is that its so far from Chinas nearest landmass of
Hainan and extends more than 800 nautical miles, which is in contravention of the allowed 200nautical mile claim mandated by the UNCLOS, Philippine Consul General to San Francis
Henry Bensurto said. It encroaches on our legitimate rights under the UNCLOS.7
International law corresponding to UNCLOS Section II. Limits of the Territorial Sea
under the Article III Breadth of the territorial sea every state has the right to establish the breadth
of its territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines in

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7

http://www.gmanetwork.com/news/story/503230/news/nation/govt-video-ralliessupport-for-phl-s-claims-in-west-philippine-sea

accordance with this Convention and the Article IV Outer Limit of the Territorial Sea. The outer
limit of the territorial sea is the line every point of which is at a distance from the nearest point of
the baseline equal to the breadth of the territorial sea. 8 This International law had a great impact
on the conflicted seas. It will be significantly helped as a tool to be used in solving this kind of
territorial rivaling.
The argument based upon the appeal to force or threats in order to bring about the
acceptance a conclusion is often fallacious.9 In reflection, Chinas movement are showing of its
dominant military resources and well-developed country for a lot of its capabilities in making the
islands civilized. They began to use their force as shown as the current issue on Paracel islands
particularly to Woodland islands. Other countries are now reacted and criticize the moves that is
being shown by Chinese government but still China is not fading to its consistent dignity on the
said islands as it step to its aggresiveness in reclaiming of maritime territories. They are
practicing aviations to theair space of the Woodland islands which is part of the Paracel islands
that is certainly disputed with Taiwan and Vietnam. For them, it indicates that they had a good
and precise argument to prove as its evidence in getting the islands, officially. That is the reason
why they are constructing and forming artificial shoals and served as for their commercial and
military purposes.
China said "all South China Sea & its islands belongs to us" because of these reasons:
First, the sea containing the word "China", therefore it belongs to China. Second, Chinese
scientists found artifacts that were made in China (i.e. a product was made in China) many
hundred years ago in some South China Sea's islands, thus these islands must belongs to China.

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8
9

http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf
http://philosophy.lander.edu/logic/force.html

Their belief that the South China Sea is for them we can say that it was just like this
situation, from Yahoos Best Answer: You can tackle number one by questioning who named
the sea? There is an American flag on the moon, but the U.S. does not purport to own the moon.
Nomenclature is not proof of legal ownership. The Bald eagle is the national bird of the U.S.
This does not mean that every Bald Eagle is owned by the United States. Consequently, they are
binding a Texas Sharpshooter fallacy that ignores the distant difference of it and focusing just
only to its name to get the islands, respectively. Number two, artifacts were found on the island.
Were they dropped into the sea from mainland China, and did they then float across the sea to the
islands? This one can put into logical terms. Chinese artifacts exist. If a Chinese artifact exists on
an island, that island is owned by China, if and only if a Chinese national deposited the artifact
on the island while occupying the island. Ergo, no concrete evidence exists that China has
ownership of said islands.
Based on the basic law of owning a territory, according to UNCLOS (United Nations
Convention on the Law of the Sea) Article II and III: A country can only claim sovereignty over
its land and up to 12 nautical miles of sea perpendicular to its coastline (base line) Article 60: In
the exclusive economic zone, the coastal State shall have the exclusive right to construct and to
authorize and regulate the construction, operation and use of artificial islands. 10 They were saying
you cannot sell something you don't own. The Maritime Archaeology Boom of China had an
effect on the tensional area.
They are striving hard to find and evidence in the shipwrecks under the sea to shown to
other country who also claiming, hence proving their claims. Kaogu-01 represents the latest big

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10

http://www.southchinasea.org/files/2011/08/eez3_full.jpg

step in what has been a rather active decade for Chinese domestic maritime archaeology, a field
that has developed rapidly since its beginnings in China around 1987 with the establishment of
the Centre for Underwater Archaeology at the present-day National Museum of China in Beijing.
Two years later, China conducted its first underwater archaeological survey. Since then,
more than a dozen shipwrecks have been excavated, and a large number of other potential sites
have been identified.11
Chinas current claims in the West Philippine Sea revolve around its nine-dash line,
encompassing both the Paracel and Spratly Island chains that makes it a tongue-shaped, which
are also claimed by several of Chinas neighbouring countries. In addition, this line comes into
direct conflict with several exclusive economic zones (EEZs) claimed by Chinas neighbours
under UNCLOS. Chinas dispute with the Philippines is currently the subject of international
litigation at the Permanent Court of Arbitration, although China does not recognize the courts
legal authority and is, therefore, not participating. However, despite not recognizing the authority
of the Permanent Court of Arbitration to which the Philippines submitted the case, China
nevertheless submitted a position paper to the court explaining why it believes the court holds no
jurisdiction and briefly stating Chinas defence for its claims. At this point, the case that is being
submitted is not going to be resolved for its absence as a respondent in helping the case to move.
In this position paper, China outlines that its claims are based on historical right, asserting
that China was the first to discover, name, explore, and exploit the Paracel and Spratly Islands,
which it calls the Xisha and the Nansha respectively. Like the shape of Chinas new Maritime

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11

http://thediplomat.com/2015/07/archaeology-and-the-south-china-sea/

Silk Road, this is based heavily on Chinas history.12


Chinas military-industrial complex continues to promote its technological gains while
increasing its military strength through show-of-force initiatives.Air Power - Includes both fixedwing and rotary-wing aircraft from all branches of service. Total Aircraft: 2,942,
Fighters/Interceptors: 1,230, Fixed-Wing Attack Aircraft: 1,385, Transport Aircraft: 782, Trainer
Aircraft: 352, Helicopters: 802, Attack Helicopters: 200, Naval Power - Aircraft Carrier value
includes dedicated "helicopter carrier" vessels. Total naval strength includes all known
auxiliaries as well.Total Naval Strength: 714, Aircraft Carriers: 1, Frigates: 48, Destroyers: 32,
Corvettes: 26, Submarines: 68, Coastal Defense Craft: 138, Mine Warfare: 4.13
Their military power were shown to the Scarborough Shoal standoff refers to tensions
between China (PRC) and the Philippines which began on April 8, 2012 over the Philippine
Navy apprehension of eight mainland Chinese fishing vessels in the disputed Scarborough
Shoal.14
Sixteen fishermen from the western Pangasinan town on Tuesday, year 2012 on
September 23 appealed to the United Nations to ask China to respect their rights over their
traditional fishing grounds in the Scarborough Shoal.15
Last 2012, they started to claim those islands step by step, it actually took nearly the
whole of it that makes them to not abide the law just to get what they wanted for their own
proofs. In fact, there are some incidents at sea wherein they usually hit the boat of fishing vessels
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12

http://thediplomat.com

13

http://www.globalfirepower.com/country-military-strength-detail.asp?
country_id=china
14
http://Scarborough_shoal_standoff: A historical timeline | Inquirer_Global_Nation
15
http://globalnation.inquirer.net/40007/scarborough-shoal-it%e2%80%99s-ph-mapvs-chinamap#ixzz3wu7d8wB5

and maltreated some Filipino fishermen in the sea particularly to Bajo de Masinloc in
Scarborough Shoal within the coverage of the town of Masinloc province of Zambales,
Philippines. The Chinese fishing vessel was escorted and protected by their Navy. This actions
means that they are using their force to cover their citizens in fishing there freely. They are doing
harassments in some Vietnamese, Taiwanese and Filipino nationals while they are being violated
the international laws wherein the case is now processing and held at the UNCLOS arbitration at
The Hague, Netherlands. Chinas snubbing the difference while focusing to its similarities, thus
coming to an inaccurate conclusion. Ergo, they are making a wrong move concluding that the
islands are part of them, they committed to use their assets in taking dubious seas. This is an
example of inserting meaning from point of view into randomness.
This particular movement of China is viewing its Argumentum ad Baculum. The facts
here are the displaying of Chinas belligerent undertaking of islands settling man-made
constructions and establishments. Warning indicators, strategic warning signals that indicate
heightened risk of conflict include political decisions and statements by senior officials, official
and unofficial media reports, and logistical changes and equipment modifications. 16 It could
increase tensions in the region. In the contingencies that certainly could be happened, strategic
warning indicators could include intensified bombastic from all or some disputants regarding
their territorial and strategic interests. It may explicitly refer to the West Philippine Sea as a core
interest; 2010 it began hinted this was the case but subsequently backed away from the assertion.
They might also warn that it cannot "stand idly by" as countries nibble away at Chinese territory,
a formulation that in the past has often signalled willingness to use force.

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16

http://www.cfr.org/world/armed-clash-south-china-sea/p27883

Commentaries and editorials in authoritative media outlets expressing China's bottom line and
issuing ultimatums could also be a warning indicator. Similar warning indicators should be
tracked in Vietnam and the Philippines that might signal a hardening of those countries'
positions.
Planned cautionary signs that indicate the finely-tuned risk of a potential clash in a
specific time and place include commercial notices and preparations, diplomatic and/or military
statements warning other petitioners to cease provocative activities or suffer the consequences,
military exercises designed to intimidate another claimant, and ship movements to disputed
areas. As for an impending incident regarding U.S. surveillance activities, statements and
unusual preparations by the PLA might suggest a greater willingness to employ more aggressive
means to intercept U.S. ships and aircraft. The deployment of missiles recently at the Paracel
islands is the outcome of cold-shouldering of the world organizations to China which is also a
member of those organizations like the UN.
The Chinese military will soon use a new airport in a disputed part of West Philippine
Seas Spratly Islands to perform test flights, a retired major general in the countrys People's
Liberation Army told the South China. China angered Japan, Vietnam and the United States by
landing a plane on the airport Fiery Cross Reef, known as Yongshu Reef in the country. 17 This
tactic will have a great effect to the defense of the US as its contrary. This two superpower
countries coiled us for their plans and wants in our maritime territorials. But the involvement of
US is not the focus of issue here.

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17

http://www.ibtimes.com/south-china-sea-controversy-chinese-military-aircraftlikely-take-spratly-islands-2256245

Philippines, as a developing country will surely be a borderline for the two superpower
tensional countries to the menace of warfare. It is the one who will be the most affected on the
poor side when that happens. Let us face the truth that countrys military forces is not welldeveloped unlike China with their globally superpower for its human resources and its facilities
in capable of their hostile decisions and to make its steps easier.
Therefore, if China gets the maritime territories then they will show to the world that
having a force made every strong country to own and have the right in territorial dispute instead
of validating to the highest authorities like the United Nations (UN) and any other world
organizations. It will began worldwide revolution by partaking of lands otherwise, in seas
making the world proned to different conflicts that massively leads to world wars. That is why
Chinas Texas Sharpshooter together with their Argumentum ad Baculum will show to the people
that taking an evidence to prove that the place or area are indeed part of them is very hard to
verified in their own way of justification and is not just easy as they will get those of enormous
territories, legitimately.
China, as an inference to their believed clarifications, Argumentum ad Baculum will
make us realized that it is overextending in territorial argue is superior to the region of South
East Asia with their own map in the declaration of covered territories. This territorial issue is
somehow related to the world that other country is currently facing with same as to this situation.
Then, this fallacies revealed in the perspective of Universal Principle that what is right shall be
based the code of decision to be implemented in the universal law both domestically and

internationally. This would be proven that China should be punished by the authorized world
organizations for its rigidity.

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