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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 (50,582 Views)
Hong Nam
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Bought by China

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Manila's lonely path over South China Sea

"The path of righteousness is a lonely one". I'm sure I heard this somewhere but I don't know by who exactly. I hope I will be forgiven for this.

If you want something done right. It's best you do it yourself.







Edited by Hong Nam, Feb 12 2013, 11:30 PM.

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Mckoyzzz
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China formally rejects UN arbitration on West PHL Sea issue
MICHAELA DEL CALLAR
February 19, 2013


China has officially rejected a Philippine move to bring the long-running territorial issues over the South China Sea before a U.N. arbitration tribunal, saying Manila’s claim was legally infirm and carried unacceptable allegations against Beijing.

In a statement, the Department of Foreign Affairs (DFA) said it received Tuesday afternoon from Chinese Ambassador to the Philippines Ma Keqing a Note Verbale stating that China is rejecting and returning the Philippines' Notification and Statement of Claim.

In its Note Verbale, China reiterated its often stated position that it has indisputable sovereignty over the entire South China Sea encompassed by its nine-dash line claim, which covers nearly the entirety of the sea, including areas that are well within Philippine territory and several disputed islands.

Despite this setback, the Philippines "remains committed to Arbitration which is a friendly, peaceful and durable form of dispute settlement that should be welcomed by all," the DFA said in the statement.

According to Chinese state news Xinhua, Chinese Foreign Ministry spokesman Hong Lei, at a briefing in Beijing, said the Philippines' note and statement of notification and claim have "serious mistakes both in facts and law."

Although widely expected, China’s move was still a blow to Philippine government's efforts to take a legal track in confronting China on overlapping claims in the resource-rich waters, called West Philippine Sea by Manila, which have long been a source of diplomatic and maritime tensions.

Philippine officials have said that the arbitration process would proceed even if China would decide to ignore it but Chinese experts have asserted otherwise.

The tribunal, which would operate under the United Nations Convention on the Law of the Sea, would decide whether the arbitration case could be heard even in the absence of China.


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Hong Nam
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Bought by China

Mckoyzzz
Feb 19 2013, 08:47 PM

Although widely expected, China’s move was still a blow to Philippine government's efforts to take a legal track in confronting China on overlapping claims in the resource-rich waters, called West Philippine Sea by Manila, which have long been a source of diplomatic and maritime tensions.



Widely expected? Now that's an understatement. :headbang:

I'm afraid I don't agree with this writer saying it's "a blow for the Philippine government's effort to take a legal track in confronting China". If it's expected, then how could it be a blow? A challenge, but certainly not a setback.





Edited by Hong Nam, Feb 19 2013, 09:10 PM.

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zwahzhal
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Hong Nam
Feb 19 2013, 09:10 PM
Mckoyzzz
Feb 19 2013, 08:47 PM

Although widely expected, China’s move was still a blow to Philippine government's efforts to take a legal track in confronting China on overlapping claims in the resource-rich waters, called West Philippine Sea by Manila, which have long been a source of diplomatic and maritime tensions.



Widely expected? Now that's an understatement. :headbang:

I'm afraid I don't agree with this writer saying it's "a blow for the Philippine government's effort to take a legal track in confronting China". If it's expected, then how could it be a blow? A challenge, but certainly not a setback.





It's even more of a blow against Chinese Govt. Right now, they are a laughing stock w/ other foreign diplomats because it only proves that they really cannot prove in the intl community the the SCS belongs to them, precisely because they know they have no legal means. Thus, they will use the "illegal method".

They know they'll lose the legal battle of the court. Therefore, they'll use the "illegal" way.... "grabbing, invading". It's too funny that they know that they're illegal settlers.
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raider1011


Interesting possibility raised by Julian Ku's blog (by way of Harry Roque): before the rejection, an anonymous "expert" writing in a China newspaper advised Beijing to participate. Failing that, the person noted that China could approach the Philippines and negotiate a settlement at any time during the proceedings.

Don't laugh, the fact the advice made print at all, it could be a trial balloon quietly floated by official sources. If the tribunal accepts jurisdiction, China could very well approach the DFA in secret and offer concessions. As opposed to waiting for an almost-guaranteed unfriendly verdict.

:armyhuh: Would you accept if you were in the DFA's place? Deal with the devil, no question :devilwink: , but would you rather an unenforcable decision?
Edited by raider1011, Feb 19 2013, 11:02 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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China returned Philippine notice on U.N. suit
By VERA Files | The Inbox – 1 hour 8 minutes ago

Full Article Here



China today announced that it returned the Philippine notification of its suit filed at a United Nations arbitral handed to the Chinese ambassador in Manila last Jan 22, a Xinhua report said.

The report carried by China.org.cn said “The Chinese government has rejected a Philippine move to take their dispute regarding sovereignty issues in the South China Sea to the United Nations for arbitration, a Foreign Ministry spokesman said Tuesday.”

"China hopes the Philippines will honor its commitment by not taking any action that could complicate the issue, positively respond to China's proposal to establish a bilateral dialogue mechanism on maritime issues and work to solve the issue through bilateral negotiations,"
Hong said.

Under the UN arbitral court rules, China has until Feb. 22 to appoint an arbitrator. If it fails to do so, the case will proceed and the president of the International Tribunal on the Law of the Sea (ITLOS), Japanese ex-diplomat and jurist Shunji Yanai, will appoint an arbitrator on behalf of China from a list of arbitrators to be provided by the UN Secretary General.

Reacting to the Chinese rejection, the Department of Foreign Affairs said "China's action will not interfere with the process of Arbitration initiated by the Philippines on January 22, 2013. The Arbitration will proceed under Annex VII of UNCLOS and the 5-member arbitration panel will be formed with or without China."



Edited by Hong Nam, Feb 19 2013, 11:35 PM.

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Samir_Duran
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By this, they (China) just wasted a "chance" to prove their side of the story.

This is not a "sovereignty issue" but rather a challenge by the Philippine side of the "validity" of the 9-dash line claim of China as opposed to established international laws.
Edited by Samir_Duran, Feb 19 2013, 11:42 PM.
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zwahzhal
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Samir_Duran
Feb 19 2013, 11:39 PM
By this, they (China) just wasted a "chance" to prove their side of the story.

This is not a "sovereignty issue" but rather a challenge by the Philippine side of the "validity" of the 9-dash line claim of China as opposed to established international laws.
it is still a sovereignty issue... a sovereignty that is based on legal claims.
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wily_pest
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The law of the gunslinger is alive and well. Malaysia has Sabah, China has Scarb. Shoal and the Mischief Reef and still expanding, Vietnam has the Pugad Island.

Meantime the Philippine Congress threw in a meager P75B in Milt. Modernization for the next 5 years despite it's pittance of milt. budget since WW2. How much more territory does the Phil. need to lose before the Congress wakes up?
Management of many is the same as management of few. It is a matter of organization. Sun Tzu
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spearhead
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I see this recent development as a small victory for the philippines, given the fact that the chinese rejection to face the Charges in front of the UN tribunal only proved the world that they indeed has no evidence to support their claims. The ASEAN knows this and so they didn't have to walk with the philippines on that lonely road. And who the f--k says the philippines has bo capability to enforce our WPS? Well obviously it wont happen anytime soon but by the time the UN granted back our rights to our claims, the philippines may already be armed with coastal radar monitoring system that's presently being implemented. Once we have these radars, it will be just a matter of scrambling a couple of FA/T-50 to shoo those intruders. That's how i see it.
"Men of War must learn the art of numbers or he will not know how to array his troops." - Plato

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