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| Sec. del Rosario: Beijing told Manila it aims to permanently station ships in Scarborough Shoal, creating an 'impossible' situation | |
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| Tweet Topic Started: Nov 30 2012, 07:43 PM (4,501 Views) | |
| Prinsipe Abante | Jan 22 2013, 06:06 PM Post #51 |
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Finally! I just hope that the Aquino Govt. made some contingency plans just in case China decides to pressure us in any way. |
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| raider1011 | Jan 22 2013, 06:10 PM Post #52 |
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Statement by Secretary of Foreign Affairs Albert del Rosario on the UNCLOS Arbitral Proceedings against China to Achieve a Peaceful and Durable Solution to the Dispute in the WPS Tuesday, 22 January 2013 15:22 Our legal position before this UNCLOS Arbitral Tribunal is explained in this carefully crafted Notification and Statement of Claim. I invite the media to study closely the legal document we have given you so as to accurately report on the Philippine legal position. Allow me, however, to highlight some salient points in the Notification and Statement of Claim: 1. The Philippines asserts that China’s so-called nine-dash line claim that encompasses virtually the entire South China Sea/West Philippine Sea is contrary to UNCLOS and thus unlawful. 2. Within the maritime area encompassed by the 9-dash line, China has also laid claim to, occupied and built structures on certain submerged banks, reefs and low tide elevations that do not qualify as islands under UNCLOS, but are parts of the Philippine continental shelf, or the international seabed. In addition, China has occupied certain small, uninhabitable coral projections that are barely above water at high tide, and which are “rocks” under Article 121 (3) of UNCLOS. 3. China has interfered with the lawful exercise by the Philippines of its rights within its legitimate maritime zones, as well as to the aforementioned features and their surrounding waters. 4. The Philippines is conscious of China’s Declaration of August 25, 2008 under Article 298 of UNCLOS (regarding optional exceptions to the compulsory proceedings), and has avoided raising subjects or making claims that China has, by virtue of that Declaration, excluded from arbitral jurisdiction. In this context, the Philippines is requesting the Arbitral Tribunal to issue an Award that, among others: - Declares that China’s rights in regard to maritime areas in the South China Sea, like the rights of the Philippines, are those that are established by UNCLOS, and consist of its rights to a Territorial Sea and Contiguous Zone under Part II of UNCLOS, to an EEZ under Part V, and to a Continental Shelf under Part VI; - Declares that China’s maritime claims in the SCS based on its so-called nine-dash line are contrary to UNCLOS and invalid; - Requires China to bring its domestic legislation into conformity with its obligations under UNCLOS; and - Requires that China desist from activities that violate the rights of the Philippines in its maritime domain in the West Philippine Sea. The Philippines asserts that the Arbitral Tribunal has jurisdiction to hear and make an award based on its Notification and Statement of Claim because the dispute is about the interpretation and application by States Parties of their obligations under the UNCLOS. Article 287 (1) of UNCLOS provides that “settlement of disputes concerning the interpretation and application of this Convention” may be referred by the Parties for resolution under Part XV of UNCLOS. The Philippines further asserts that the claim is well founded in fact and law based on the Notification and Statement of Claims and supplementary documents that will be submitted in the course of the arbitral proceedings. Department of Foreign Affairs |
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God grant me the courage not to give up what I think is right even though I think it is hopeless. || Chester W. Nimitz Loyalty to the Nation ALL the time, loyalty to the Government when it deserves it. || Mark Twain | |
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| raider1011 | Jan 22 2013, 06:20 PM Post #53 |
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The first hurdle: will the Arbitral Tribunal accept? It can say it has no jurisdiction, it has no power to make judgments on and settle the dispute in question. That wouldn't necessarily mean we have no recourse, another forum could be found such as the ICJ. If the Arbitral Tribunal accepts, we are looking at history in the making. Edited by raider1011, Jan 22 2013, 06:22 PM.
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God grant me the courage not to give up what I think is right even though I think it is hopeless. || Chester W. Nimitz Loyalty to the Nation ALL the time, loyalty to the Government when it deserves it. || Mark Twain | |
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| gammy322 | Jan 22 2013, 06:39 PM Post #54 |
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Mabuhay ka Sec. Del Rosario!!! |
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| Mckoyzzz | Jan 22 2013, 06:41 PM Post #55 |
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Ipsa Scientia Potestas Est
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I wouldn't think that PH would even go to all the hassles if they knew that the tribunal doesn't have jurisdictions or powers over these matters... as previously posted, they have sought assistance from the sovereign dispute experts, that's why I'm confident they knew what to do, who, and where to go to... And it also seemed that this is the last card PH is holding now, as Sec Del Rosario stated that they have exhausted all efforts in peacefully negotiating with the close-minded chinks... |
![]() "Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis" | |
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| Mckoyzzz | Jan 22 2013, 07:18 PM Post #56 |
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Ipsa Scientia Potestas Est
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China previously stated that it will ignore PH or even UN if PH files case against them in UNCLOS/ITLOS or UN Tribunal... but according to the below articles in ANNEX VII. ARBITRATION of UNCLOS, if the other party failed to appear of fails to defend its case, the UNCLOS Tribunal will have the rights to award its ruling to the other party, and once finalized, cannot be appealed... Now once filed, China should be obliged to counter file its case otherwise the tribunal will rule in favor of PH... One thing though, if in case China ignored or failed to appear in the tribunal and awarded to PH it's ruling... how can they enforce it?
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![]() "Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis" | |
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| THE_NEWS_MAN | Jan 22 2013, 07:30 PM Post #57 |
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just watch the news saw Phil-China dispute finally international press are recognizing this problem.its on aljazera btw
Edited by THE_NEWS_MAN, Jan 22 2013, 07:30 PM.
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| shoot_to_kill | Jan 22 2013, 07:31 PM Post #58 |
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IRRELEVANT AS I WAS DISCUSSING THE UN OPTION AND YOU didn't even quote my whole comment selective amnesia again! so it's okay for the chinks to kill vietnamese or the japanese (during the senkaku natinalization in japan which the chinks destroyed all japanese hard asset there... good thing the japanese expat hide) MELTING POT MY ARSE! GO TO ANY CHINATOWN AND SEE IF THEY EVEN ADOPTED OUR WAYS OR ANYBODIES WAYS HECK THEY WONT EVEN APPLY THE CIVIL CODE REGARDING TO THEM, WHERE IN THEY MAKE SURE THE THE FEMALE DAUGHTER WOULD NEVER GET ANY INHERTANCE. sorry to the op last reply to the amnesia man, would no longer reply to his chink minded comment |
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| Uruzu | Jan 22 2013, 07:45 PM Post #59 |
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I really don't get it. Just send 3 PCG boats plus a few fishing boats there. Plus encourage fishermen to fish around the area. People around the world is watching and they know the shoal is Philippine's. What can China do? Fire on the PCG boats? That wont help their situation one bit, considering Japan is giving her the middle finger on Senkaku and Vietnam is not giving any ground. It will only further convince people that there is no such thing as a Chinese 'peaceful rise'. It's been over 7 months. That's unacceptable. The government , again, should learn from Japan , that diplomacy with the CHinese is futile. It is only Chinese smoke tactics. They should realise this way back in June or July. |
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| shoot_to_kill | Jan 22 2013, 07:54 PM Post #60 |
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the fishermen would be shot, and the pcg and navy was already warned. our hope lies in two things, severe weather conditions and a u.s. fleet side by side with our vessel near the panatag shoal (nearly impossible) |
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8:54 AM Jul 11