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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 (50,588 Views)
raider1011


Hong Nam
Jan 27 2013, 12:41 AM
I think Huang Shan knows how weak their argument is. Hence, they all expect China to not honour the decision and just rely on the fact that ITLOS is and I quote "a toothless vehicle."

A common argument stance of the weak. - "We are going to lose, but who cares, there's nothing they can do about it."
It is also a common stance of the ignorant. In the first place we didn't bring the case before ITLOS but rather to an arbitral tribunal:

Quote:
 
7.Who filed the case and where?

The Philippines filed the arbitration case against China. The parties will have to agree on the place where the arbitral tribunal will hold the hearing of the case.

Under UNCLOS, Parties to a dispute have the choice on where to file the case, either in the International Court of Justice, ITLOS, arbitral tribunal and special arbitral tribunal. The Philippines chose to bring this case before the arbitral tribunal because it believes it is the appropriate body to hear the complaint of the Philippines against China.

DFA

CLEAR AS DAY it says so in the handout from the beginning. First Ku then this guy and these are supposed to be the "experts". :headbang:
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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AZKALS
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Philippine President Accuses China of Turning Away Filipino Fishing Boats from Disputed Shoal

Published January 26, 2013
Associated Press

http://www.foxnews.com/world/2013/01/26/philippine-president-accuses-china-turning-away-filipino-fishing-boats-from/


MANILA, Philippines : Philippine President Benigno Aquino III on Saturday accused Chinese vessels of preventing Filipino fishing boats from seeking shelter at a disputed South China Sea shoal in new incidents that he said prompted his government to elevate the case to international arbitration.

Aquino told reporters on the sidelines of the World Economic Forum in Davos that the incidents took place recently at the Scarborough Shoal near the western coast of the northern Philippines. He said in one incident Chinese vessels got within 10 meters (yards) of two fishing boats and sounded their horns at full blast, and on another occasion two other Philippine boats were ordered out of the shoal despite bad weather.





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Mckoyzzz
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PNoy says he consulted predecessors on move vs China
January 26, 2013 1:09pm


President Benigno Aquino III consulted lawmakers and two of his immediate predecessors before the Philippines made the move of dragging China before an international body to settle a territorial dispute.

Aquino told reporters covering his visit to Switzerland: "We brought the matter before them [lawmakers and former Presidents Fidel Ramos and Joseph Estrada]... Nobody objected (to going to arbitration)."

Portions of the interview were aired on government-run dzRB radio Saturday noon.

The President said he also invited members of the judiciary to get their inputs but they were having an en banc meeting at the time.

Aquino was quoted in the dzRB report as saying the Philippines had been "very patient" with China, but "unfortunately there's no reciprocation."


Last Tuesday, the Department of Foreign Affairs announced it is haling China before a United Nations arbitration body to settle a simmering territorial row.

DFA Secretary Albert del Rosario said this involves bringing China before an arbitral tribunal under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), "to achieve a peaceful and durable solution to the dispute over the West Philippine Sea."

The DFA, however, said that despite the move, the Philippines considers China a friend.

"We will continue to pursue an enhancement of our bilateral relations in all areas of cooperation," it said.

Meanwhile, deputy presidential spokesperson Abigail Valte on Saturday declined to comment on reports that Thailand will try to find a common position among Association of Southeast Asian Nation (ASEAN) members on the South China Sea (West Philippine Sea) issue.

A report on Bangkok Post quoted Sihasak Phuangketkaew, permanent secretary at the Foreign Ministry, as saying this (Thailand's effort) is by virtue of its being as coordinator of ASEAN-China relations.

The report said ASEAN had appointed Thailand as its country coordinator for ASEAN-China relations from July 2012 to July 2015.

It said Thailand also plans to hold separate talks with each of the countries that lay claim to disputed areas, as attempts to resolve the conflicts in larger meetings failed last year.

ASEAN members Philippines, Vietnam, Malaysia and Brunei lay claim to parts of the South China Sea (West Philippine Sea), along with China and Taiwan.

Asked if this will affect the Philippines’ present case against China before the UN, Valte would not comment.

"Perhaps ang international law expert na ang dapat sumagot at kasamahan sa DFA kung magkakaroon ng effect (It is best to ask international law experts and officials of the DFA on whether Thailand’s effort would affect the Philippines recent move)," she said. — LBG, GMA News


GMA NEWS
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Mckoyzzz
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The map below created in 1690, which clearly depicts the territories and Philippine boundaries, includes some areas in Spratlys including the Scarborough shoal... might be a good evidence for our case as well...

Posted Image
Title: Isole Dell' Indie, diuise in Filippine, Molucche, e della Sonda . . .

Map Maker: Vincenzo Maria Coronelli

Place / Date: Venice / 1690 ca

Coloring: Uncolored

Size: 24 x 18 inches

Condition: VG

Description:

Beautiful map of South East Asia from Burma to Northern Australia.

Hainan is next to the Philippines, and the Philippines are very close to Celebes. Ornamental cartouche at lower left with title on drape, carried by mermaids. Four scales at top right. The map rarely appears on the market. Coronelli was possibly the best Italian mapmaker of his time. He made globes, including one 5 metres in diameter for Louis XIV. From Coronelli's rare Atlante Veneto, one of the most decorative and ornate of all 17th Century Atlases. The map exhibits the fine engraving style of this coveted Venetian Atlas.


LINK FOR THE ENLARGE COPY OF THE MAP

raremaps.com


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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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zwahzhal
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We'll check on this map. Thank you for sharing.
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Duminus
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Warning to AVBSupersonic a.k.a. Prinsipe Abante - stop team tagging the thread using both usernames pretending as if you are two different posters. :cop:















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gammy322
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Just wondering Admin, how come this thread becomes shorter and was started by Sewer coz i was the one who started the thread that has 2,000 views plus since saturday??? Mmmmmmm.... Sensya n po Out of Topic....
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seWer Rat
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amateur sewer cleaner

I think the admin merged the threads I started with yours since both are same topic.
To avoid criticism, write nothing, say nothing, do nothing, BE NOTHING.
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raider1011


The title is still gammy322's. It just so happens seWer's post is older.
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


Q2: What is the Philippine case?

A2:
The Philippines has been forced to take a necessarily limited legal track. China has felt more or less secure in its immunity from the binding dispute settlement mechanisms covered by the UN Convention on the Law of the Sea (UNCLOS), to which it and all the other South China Sea claimants are party. This is because Beijing opted in 2006 to take an “out” offered by article 298 of UNCLOS, which allows signatories to exempt themselves from mandatory settlement of several important types of disputes. The most significant exemption in this case is to the resolution of disputes over overlapping maritime boundaries, including territorial seas, EEZs, and continental shelves.

However, the Philippines’ motion for arbitration is careful not to request the delimitation of maritime boundaries. Nor does it ask for the tribunal to resolve the overlapping claims to individual islands in the South China Sea—an issue which is outside the scope of UNCLOS to begin with. Instead, the core of its case rests on two fundamental questions about definition. First, it argues that China’s “nine-dash line” is not supported by UNCLOS, and therefore the only valid maritime claims in the South China Sea are to the territorial seas, EEZs, and continental shelves adjacent to coastlines and islands. This is the only definition of such maritime claims allowed under UNCLOS.

The Philippines’ second major request is for the tribunal to rule on whether certain “islands” occupied by China are islands at all. This is critically important because under UNCLOS only features which are above water at high tide are considered islands capable of generating a 12 nautical mile territorial sea. Any features not above water at high tide are not islands, and belong to whichever country owns the continental shelf on which they sit, or to no one if they lie beyond any continental shelf. The Philippines asserts that Mischief Reef, McKennan Reef, Gavin Reef, and Subi Reef fall under this category.

In addition to the low-tide elevations which the Philippines asks the tribunal to affirm are not islands, it also argues that certain high-tide features on which China has built structures are entitled to only a territorial sea, not a 200 nautical mile EEZ or continental shelf. This rests upon UNCLOS rules stating that only islands capable of supporting human habitation and/or independent economic activity generate EEZs of their own. The Philippines lists Scarborough Shoal, Johnson South Reef, Cuarteron Reef, and Fiery Cross Reef as features occupied by China that do not meet this requirement.

In the case of all eight features listed, both geography and legal precedent make the Philippines’ case close to air-tight.


Q3: What comes next?

A3:
. . . Assuming the judges take up the case, Secretary del Rosario predicted that it would last three to four years, before the tribunal will issue its “award”, or decision. The awards of an arbitral tribunal are declared by UNCLOS to be binding on both parties of the dispute. It is also important to note that China cannot obstruct the proceedings of the tribunal. Appendix VII of UNCLOS, which covers the workings of an arbitral tribunal, is explicit that the refusal of either party to participate will neither prevent nor prejudice the decision of the tribunal.

The big question will be whether or not Beijing follows the “binding” decision of the tribunal; there are no sanctions or repercussions enumerated by UNCLOS should it fail to do so and the notion of outside interference to force it to abide by the findings is nearly inconceivable. That would be a crippling blow to China’s image. The argument constantly put forth from the Chinese, that a rising China will be a responsible player in the global order and a protector of the global commons, would be undone overnight. Recognizing that, China might well deem the price of refusal too high and abide by the tribunal’s decision.

Center for Strategic & International Studies
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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