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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 (50,586 Views)
Mckoyzzz
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raider1011
Jan 28 2013, 06:48 PM
Gao sits on ITLOS a permanent body but has not been formally nominated for the ad hoc arbitral tribunal unlike Wolfrum. Gao might be China's pick eventually but that hasn't happened yet.


Actually that's what I meant... there is a Chinese member of the ITLOS judges... which may be (possibly) picked/chosen by the China, that is, if they would adhere to the calling of the case... but in case China did submit themselves to the tribunal and chosen Gao as their choice of tribunal member, I hope that Gao will still judge the case with fairness and modesty...

I presumed that the 5 arbitral tribunal judges will be selected from the ITLOS permanent judges... wouldn't they?
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raider1011


^Nope. The arbitrators are appointed from a preselected pool. Wolfrum just so happened to sit on ITLOS.

Quote:
 
Article 2
List of arbitrators


l. A list of arbitrators shall be drawn up and maintained by the Secretary-General of the United Nations. Every State Party shall be entitled to nominate four arbitrators, each of whom shall be a person experienced in maritime affairs and enjoying the highest reputation for fairness, competence and integrity. The names of the persons so nominated shall constitute the list.

Annex VII
Edited by raider1011, Jan 28 2013, 08:31 PM.
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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Hong Nam
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Bought by China

The Geopolitics of Scarborough Shoal
Francois - Xavier Bonnet
IRASEC - Institut De Recherche Sur L'Asie Du Sud-Est Contemporaine



http://www.irasec.com/components/com_irasec/media/upload/DP14-ScarboroughShoal.pdf

Very interesting piece written here and reading this is time well spent.

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Hong Nam
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Bought by China

Hong Nam
Jan 29 2013, 01:19 AM
The Geopolitics of Scarborough Shoal
Francois - Xavier Bonnet
IRASEC - Institut De Recherche Sur L'Asie Du Sud-Est Contemporaine



http://www.irasec.com/components/com_irasec/media/upload/DP14-ScarboroughShoal.pdf

Very interesting piece written here and reading this is time well spent.
A quote from the article above states:

- The Philippines' claim was made 13 years before the Mutual Defense Treaty was signed with the Americans in 1951. The claim was supported and encouraged by the highest personalities in the American administration at that time. Scarborough Shoal could possibly be considered as part of the MDT's category, "island territories". The United States and the Philippines can develop a "strategic ambiguity" on the possible use or not of the treaty. This strategy could "help protect the Philippines and peace and stability in the South China Sea".

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icefrog
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US solon urges China to face Philippines at UN tribunal

Quote:
 
Rep. Edward Royce, R-Calif., chairman of the House Foreign Affairs committee, told The Associated Press on Tuesday that it's best for China to agree to the international arbitration to avoid a possible "crisis which roils the markets or creates uncertainty" in the region.


Quote:
 
John Negroponte, a former United States national intelligence director and deputy secretary of state, welcomed the Philippines’ action.

“The main message I take from the Philippine government action is that it seeks to resolve this issue by peaceful means and that is very consistent with the line that the United States government has been advocating all these years,” Negroponte said.


http://www.philstar.com/headlines/2013/01/29/902475/us-solon-urges-china-face-philippines-un-tribunal
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icefrog
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US congressmen express support for PH arbitration case vs China

Quote:
 
MANILA, Philippines – Members of the United States (US) congress have expressed their support for the Philippine move to bring its West Philippine Sea (South China Sea) disputes before an arbitral body under the United Nations Convention on the Law of the Sea (Unclos), reiterating their position for peaceful resolution of disputes under international law.

In an interview with reporters, Department of Foreign Affairs (DFA) Assistant Secretary for the Office of American Affairs Carlos Sorreta said that Foreign Affairs Secretary Albert Del Rosario briefed the vising congressmen on the country’s latest actions regarding the issue and that the congressmen were “very supportive of it.”

“The members of the US congress expressed their very strong support for our efforts to resolve the situation there in a peaceful manner and in accordance with the UN Convention on the Law of the Sea (UNCLOS),” Sorreta said.

“There were some discussions on the details of our actions and they were very interested in the merits of our argument, they’re very supportive of it,” Sorreta added.


http://globalnation.inquirer.net/63005/us-congressmen-express-support-for-ph-arbitration-case-vs-china
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raider1011


Leader With Some Spine Takes on World Heavyweight

By William Pesek 2013-01-28T22:00:52Z

Say what you want about Benigno Aquino, but the Philippine president has some brass.

First he arrested predecessor Gloria Arroyo on corruption charges and ousted her Supreme Court chief justice. Then he took on the powerful Catholic Church, shepherding free-contraception laws that enraged the Vatican. Next he ran afoul of the local tycoons by backing higher taxes on cigarettes and alcohol. By tackling these issues along with economic reforms, Aquino’s country is on the way toward an investment-grade credit rating.

Now Aquino is taking on an immeasurably bigger target: China. The Philippines will challenge China’s maritime claims before a United Nations-endorsed tribunal. This isn’t going over well in China, and it’s sure to raise tensions as Asia vies for oil, gas and fisheries resources and a ruling on competing views of history in contested waters.

(snip)

Yet this is only the beginning. Last year marked a turning point as an economically dominant China shifted from charm- offensive mode to political and military assertiveness. This is playing out against the backdrop of the ascension of Xi Jinping as China’s leader, and what that will bring in 2013 and beyond.

Confronted by a daunting list of domestic challenges, Xi will focus on consolidating domestic power. It is farfetched to think he would yield ground on diplomatic issues if it risks an internal backlash.

“If Beijing faces a foreign policy test, Xi will have a strong incentive to demonstrate his foreign-policy mettle and avoid being seen as capitulating to outside interests,” Bremmer says. “That dynamic suggests less chance of compromise from Asia’s emerging strategic powerhouse and heightened risk throughout the region.”

Tests could come from many places -- a new Japanese government anxious to flex its muscles; U.S. President Barack Obama’s pivot to Asia; provocations from North Korea that put the onus on China, Pyongyang’s crucial supporter; or nations like the Philippines taking diplomatic frustrations to the UN.

Aquino is the first Asian leader willing to call China’s bluff and risk economic retaliation. How he navigates this showdown will be instructive for others when their turn comes.

Bloomberg
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arvcab
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http://ph.news.yahoo.com/us-backs-phl-decision-china-disputes-un-arbitration-054419550.html

A visiting US congressional delegation expressed support on Tuesday to the Philippine government’s decision to take long standing territorial disputes with China before a United Nations arbitration body.

Foreign Affairs Assistant Secretary Carlos Sorreta said the five-man US delegation led by Congressman Ed Royce (Republican, California), chairman of the House committee on Foreign Affairs, “expressed their full support” to Manila’s efforts “to resolve the situation in a peaceful manner and in accordance to the UN Convention on the Law of the Sea.”

Also read: Philippines draws up own maritime map

“There were some discussion on the details of our actions and they were very interested in the merits of our arguments. They’re very supportive of it,” Sorreta told reporters after the group met Philippine officials led by Secretary Albert del Rosario at the Department of Foreign Affairs.

The US lawmakers’ backing is among the first foreign expression of support to the Philippine government’s filing last week of an arbitration case before the UN to try to declare China’s expansive claim to the South China Sea, where parts of it are known as West Philippine Sea in the Philippines.

China has yet to officially declare if it would get involved in the landmark case, Sorreta said.

From Manila, the US delegation will proceed to Beijing and would likely discuss the territorial disputes with Chinese officials, Sorreta said. —KG, GMA News
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raider1011


Kerry Concerned About US Military Buildup in Asia

William Gallo

January 25, 2013

The nominee to be the United States' next top diplomat, John Kerry, turned some heads Thursday when he appeared to criticize parts of one of the Obama administration's key foreign policy objectives: the U.S. pivot toward Asia.

Kerry, who is almost certain to succeed Secretary of State Hillary Clinton when she steps down later this year, told a Senate confirmation hearing he is "not convinced that a military ramp-up is critical yet" in Asia, saying it may unnecessarily offend China. "We have a lot more forces out there than any other nation in the world, including China," he said. "And the Chinese take a look at that and say, 'What's the United States doing? Are they trying to circle us?' I think we need to be thoughtful in how we go forward."

(snip)

Some analysts say it is significant that Kerry is acknowledging those concerns. But it is not clear whether it could amount to a change in strategy for the administration, which views the pivot as a signature foreign policy of its first term.

Bonnie Glaser is a China expert at the Center for Strategic and International Studies in Washington. In an interview with VOA, she points out that it is the president, not the secretary of state, who decides military commitments.

"That does sound somewhat different from what the current secretary of defense [Leon Panetta] has been saying. But ultimately that is a decision that the president is going to have to make, about where our military commitments are going to be. The current position of the administration is to not draw down our military commitments in Asia," Glaser stated.

Voice of America


A visiting delegation is one thing, the State Department is another. Too early to assume John Kerry will toe the line like Hillary Clinton.

I'm sure of one thing: this early I'm hoping Hillary wins the 2016 Democratic nomination.
Edited by raider1011, Jan 30 2013, 03:03 AM.
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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icefrog
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If they are having 2nd-thoughts on the so-called US-pivot to asia then Japan, PH, SK and Australia can't really rely on them afterall. This makes "inter-operability" more like a "nice-to-have" but not a "must-have".

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