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PH Files Case vs China Before UNCLOS Tribunal; Ph challenges China's 9-dash claims in WPS at UN Tribunal
Topic Started: Jan 22 2013, 05:03 PM (50,536 Views)
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At last! :thumbsup:

Philippines says it is challenging China's claims in South China Sea at international tribunal



By The Associated Press January 22, 2013 3:40 AM

MANILA, Philippines - The Philippine foreign secretary says his government is formally challenging China's claims to disputed South China Sea territories at an international tribunal.

Foreign Secretary Albert del Rosario told reporters that his office has summoned China's ambassador in the Philippines on Tuesday to inform her that Manila is seeking arbitration, a move that China has opposed.

China claims virtually all of the South China Sea and has confronted Philippine ships in a standoff over the Scarborough Shoal, which both countries claim. The Philippines withdrew ships from the shoal last June and has since protested China's buildup.

Del Rosario says the Philippines has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of maritime disputes with China, and hopes that the arbitral proceedings will bring results.



Read more: http://www.montrealgazette.com/news/world/Philippines+says+challenging+Chinas+claims+South+China/7852858/story.html#ixzz2Ih2xyEvC
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gammy322
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PH finally files case vs China before Unclos tribunal over disputed territories
By: Pots de Leon, InterAksyon.com
January 22, 2013 4:57 PM

MANILA, Philippines - After exhausting "almost all political and diplomatic avenues" for peaceful negotiations, the Philippines has finally filed a case against China over its excessive territorial claims in the South China Sea (West Philippine Sea) before an the Arbitral Tribunal of the United Nations Convention on the Law of the Sea (Unclos), Foreign Affairs Secretary Albert del Rosario announced Tuesday.

At 1 p.m., Del Rosario personally advised Chinese ambassador to the Philippines Ma Keqing about the country's decision. The DFA chief handed Ma a note verbale that contains the notification and statement of claim, challenging before the tribunal the validity of China's nine-dash claim to almost all of the territories in South China Sea, including areas being claimed by the Philippines.

“This afternoon, the Philippines has taken the step of bringing China before an Arbitral Tribunal under Article 287 and Annex VII of the 1982 United Nations Convention on the Law of the Sea in order to achieve a peaceful and durable solution to the dispute over the West Philippine Sea,” Del Rosario told reporters Tuesday afternoon after his meeting with Ma.

The DFA chief said the legal action against China “is an operationalization of President (Benigno) Aquino III’s policy for a peaceful and rules-based resolution of disputes in the WPS in accordance with international law specifically Unclos.”

The following are some of the salient points in the Philippines’ Notification and Statement of Claim against China:

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.

5. 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.

6. 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.

7. 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.

8. 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.

The Philippines is asking the tribunal to issue an award that would declare, among others, that:

1. 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;

2. China’s maritime claims in the SCS based on its so-called nine-dash line are contrary to UNCLOS and invalid;

The Philippines’ petition also asks the tribunal to:

1. Require China to bring its domestic legislation into conformity with its obligations under UNCLOS; and

2. Require that China desist from activities that violate the rights of the Philippines in its maritime domain in the West Philippine Sea.


http://www.interaksyon.com/article/53321/ph-finally-files-case-vs-china-before-unclos-tribunal-over-disputed-territories
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gammy322
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We made a big step today...hopefully we can get much support from the UN this time...
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raider1011


Published: January 22, 2013

China has consistently said it would not agree to arbitration by an international tribunal. Legal experts said a matter brought before such a panel required negotiations, and without China’s presence it was unlikely that a proceeding could take place.

“This is what I don’t see taking place,” said Jay L. Batongbacal, assistant professor of law at the University of the Philippines in Manila.

A Chinese expert on the Asia Pacific region, Professor Su Hao of China Foreign Affairs University in Beijing, agreed with that assessment.

Both China and the Philippines needed to agree on arbitration for the case to proceed, said Mr. Su. "The Philippines action is ineffective," he said. "It’s making trouble out of nothing."

New York Times


Good luck.
Edited by raider1011, Jan 22 2013, 10:43 PM.
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raider1011
Jan 22 2013, 10:42 PM
Published: January 22, 2013

China has consistently said it would not agree to arbitration by an international tribunal. Legal experts said a matter brought before such a panel required negotiations, and without China’s presence it was unlikely that a proceeding could take place.

“This is what I don’t see taking place,” said Jay L. Batongbacal, assistant professor of law at the University of the Philippines in Manila.

A Chinese expert on the Asia Pacific region, Professor Su Hao of China Foreign Affairs University in Beijing, agreed with that assessment.

Both China and the Philippines needed to agree on arbitration for the case to proceed, said Mr. Su. "The Philippines action is ineffective," he said. "It’s making trouble out of nothing."

New York Times


Good luck.
If the world will not act upon this matter as fast as possible, then perhaps, all hope is lost. This is our final trump card in the diplomatic negotiations. I could infer that if this demand is ignored, then the next step would be utter military action. I do not wish, and I do not even want to contemplate, fighting a battle where our men has a high chance of being killed wholesale instead of retail.
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Santi Kampilan
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raider1011
Jan 22 2013, 10:42 PM
Published: January 22, 2013

China has consistently said it would not agree to arbitration by an international tribunal. Legal experts said a matter brought before such a panel required negotiations, and without China’s presence it was unlikely that a proceeding could take place.

“This is what I don’t see taking place,” said Jay L. Batongbacal, assistant professor of law at the University of the Philippines in Manila.

A Chinese expert on the Asia Pacific region, Professor Su Hao of China Foreign Affairs University in Beijing, agreed with that assessment.

Both China and the Philippines needed to agree on arbitration for the case to proceed, said Mr. Su. "The Philippines action is ineffective," he said. "It’s making trouble out of nothing."

New York Times


Good luck.
True, they maybe right. But it is still better than doing nothing. This way the reasonable countries will see who is not following the "rule of law" (if there really is such thing). That is probably why the US is encouraging NATO and other European countries to put a counter to China's bullying tactics.

Maybe this is part of a series of steps we need to take to accomplish not just settling this immediately but other things like hastening the US' pivot and justifying their air force and naval assets to be re-positioned in the various bases in PH. That would really put a cringe on those hawkish PLAN generals. The US now cannot accuse us of irresponsible behavior in settling this stalemates. We are trying every legal means.

Remember, we may loose this battle but we need to set our sight to the ultimate goal and that is to win the war (getting Scarborough back and booting them out of Spratly's especially Mischief Reef).
Edited by Santi Kampilan, Jan 23 2013, 01:28 AM.
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Samir_Duran
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Jan 23 2013, 12:47 AM
If the world will not act upon this matter as fast as possible, then perhaps, all hope is lost. This is our final trump card in the diplomatic negotiations. I could infer that if this demand is ignored, then the next step would be utter military action. I do not wish, and I do not even want to contemplate, fighting a battle where our men has a high chance of being killed wholesale instead of retail.
We are going that way actually. And the AFP is ready.

But there is still hope. Remember, the Chinese also filed the same case against Japan for the Senkakus. Our DFA is trying to unmask the Chinese two-faced monster here. And let the world decide on what to do next. As for the military, we follow orders even to the death.
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Samir_Duran
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double post
Edited by Samir_Duran, Jan 23 2013, 01:43 AM.
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Ban urges ‘amicable’ end to Philippines, China sea dispute

Quote:
 
UNITED NATIONS—UN leader Ban Ki-moon on Tuesday called for an “amicable” settlement to a mounting West Philippine Sea territorial dispute between China and other Asian nations.

Asked about the Philippines decision to refer the case to a UN tribunal, Ban told reporters he has been following the dispute “carefully”.
“It is important for those countries in the region to resolve all these issues through dialogue in a peaceful and amicable way,” he said.

The United Nations is ready “to provide technical and professional assistance, but primarily all these issues should be resolved by the parties concerned,” the UN leader added, carefully avoiding backing any country involved.


http://globalnation.inquirer.net/62359/ban-urges-amicable-end-to-philippines-china-sea-dispute
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