Welcome Guest [Log In] [Register]
Welcome to Philippines Defense Forces Forum. We hope you enjoy your visit.


You're currently viewing our forum as a guest. This means you are limited to certain areas of the board and there are some features you can't use. If you join our community, you'll be able to access member-only sections, and use many member-only features such as customizing your profile, sending personal messages, and voting in polls. Registration is simple, fast, and completely free.


Join our community!


If you're already a member please log in to your account to access all of our features:

Username:   Password:
Add Reply
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 (50,580 Views)
redcomet_m
Member
[ *  *  * ]
Even if the UNCLOS will favor us, PLAN will still harass our assets in EEZ just as what they do to Vietnam. They will cut cables, they will block surveyors. Whats worse is if they will drill in our EEZ. That scenario is what we should be ready with. To counter their actions of encroachment and drilling of any oil under that bedrock of our EEZ.
Online Profile Quote Post Goto Top
 
Santi Kampilan
Member Avatar
Member
[ *  *  * ]
redcomet_m
Feb 20 2013, 09:03 PM
Even if the UNCLOS will favor us, PLAN will still harass our assets in EEZ just as what they do to Vietnam. They will cut cables, they will block surveyors. Whats worse is if they will drill in our EEZ. That scenario is what we should be ready with. To counter their actions of encroachment and drilling of any oil under that bedrock of our EEZ.
If UNCLOS favors us, it will invalidate and debunk their 9 dash line claim and if they continue to harass us we have other options to legitimize to bring the Americans much closer to the WPS. i.e. stationing the LCS in the Ulugan Bay or even bringing on a rotational basis those displaced US Marines from Okinawa - maybe a token force of 600 just as they have in Andrews Airbase in Zambo or better yet relocate those 600 Zambo Special Forces to Palawan since the terrorist threat is now lesser (hopefully the MILF/MNLF will help squash the ASG). Proceed with the plan of American's access to our airbases for the "pivot" to continue to materialize. This sends a message to the Chinese that if they won't adhere to a UN ruling then at least it legitimizes any action on our part especially if we do it collectively with our friends i.e. U.S., Japan, EU, Australia, etc.

We still have to continue our modernization efforts. The more we need to fund and accelerate our plans. Because nothing is better than controlling our own destiny instead of relying on the Americans solely to counter China's bullying. We need to be calm, vigilant and resolved in our actions.
Posted Image
Offline Profile Quote Post Goto Top
 
Santi Kampilan
Member Avatar
Member
[ *  *  * ]
Looks like the PH was ready for a counter punch. As it says "this was very well studied". :patrioticpinoy:

On with UN arbitration
Article

Phl: With or without China

MANILA, Philippines - Shrugging off Beijing’s rejection of its arbitration initiative, the Philippines has picked one of the five members of an international arbitration panel on its maritime dispute with China.

Both Malacañang and the Department of Foreign Affairs (DFA) said yesterday China’s rejection of the arbitration process was expected.

Cabinet Secretary Jose Rene Almendras also said the government is confident that the result of the arbitration would be in favor of the Philippines.

The other day, Chinese Ambassador Ma Keqing returned to the DFA the Philippines’ notice on international arbitration and informed Manila that Beijing had rejected the process.

Analysts have said China risked being an international outlaw if it rejected the outcome of arbitration by the International Tribunal on the Law of the Sea (ITLOS).

Seven cases on the UN Convention on the Law of the Sea have undergone similar arbitration since the UNCLOS was passed in 1982. All countries involved respected the outcomes.

One recent case, between Myanmar and Bangladesh, reportedly inspired the Philippines to try the same tack. Bangladesh won the case.

The case brought by Manila to the UN does not seek a settlement of the country’s territorial
dispute with China, but a definition of the Philippines’ maritime entitlements under the UNCLOS.

Manila has picked Rudiger Wolfrum, one of the 21 members of ITLOS, for the five-member arbitration panel. The Philippines and China were given 30 days to pick arbitrators; the three other members of the panel will be named by ITLOS.

DFA spokesman Raul Hernandez said that under UNCLOS, “even if one party does not join or participate in the process, the process will continue until a decision is made by the arbitral tribunal.”

“The process will continue with or without China,” Hernandez said.

China lays claim to nearly the entire South China Sea and the East Sea. The area, delineated by a so-called nine-dash line, covers over 100 islets, atolls and reefs.

“This excessive claim is the core issue of the Philippines’ arbitration case against China,” the DFA said in a statement.

“The Philippines remains committed to arbitration, which is a friendly, peaceful and durable form of dispute settlement that should be welcomed by all.”

While China ratified the UNCLOS in 1996, it excluded itself in 2006 from UN arbitration on maritime territorial disputes and military activities of the UN Security Council.

The UNCLOS provides a 200-mile exclusive economic zone from the coast – an area where a country has exclusive right to exploit resources.

China has maintained that its maritime territorial disputes must be settled bilaterally – a position rejected by the Philippines, which has also tried to get the Association of Southeast Asian Nations (ASEAN) to adopt a common stand on the disputes.

“The Philippines has been engaging China in political and diplomatic dialogues for a peaceful negotiated settlement of its maritime dispute for the past 18 years, but with no success. In every occasion, China always asserts indisputable sovereignty over the entire South China Sea,” Hernandez said.

Almendras emphasized that the Philippines has taken a peaceful tack in asserting its maritime territorial rights.

“The important thing is that somebody other than us will say that this is so,” Almendras said. “We did not do this as a knee-genius reaction. This was very well studied.”

The Philippines initiated the arbitration proceedings through a note verbale handed to Ma at the DFA last Jan. 22 by Teresa Lazaro, assistant secretary for Asia-Pacific affairs.

China said the notice of arbitration suffered from “serious mistakes both in fact and law.”

In a statement, the DFA said China’s rejection “will not interfere with the process of arbitration initiated by the Philippines on Jan. 22, 2013.”
Edited by Santi Kampilan, Feb 21 2013, 03:11 AM.
Posted Image
Offline Profile Quote Post Goto Top
 
arvcab
Member Avatar
Member
[ *  *  * ]
http://ph.news.yahoo.com/phl-defies-china-ask-intl-tribunal-form-arbitral-094808412.html

PHL defies China, to ask int'l tribunal to form arbitral panel

The Philippines has defied China’s opposition to bring the two nations’ long-running territorial disputes in the South China Sea to an international tribunal, saying it will soon ask a United Nations-linked body to form a panel of arbiters that will hear its case against Beijing.

China on Tuesday officially rejected the Philippines’ move to let a U.N. arbitration body hear Manila’s complaint over what it calls Beijing’s “excessive” claim to the resource-rich waters. China said Manila’s case was legally infirm and carried unacceptable allegations.

Foreign Affairs spokesman Raul Hernandez said the Philippines has two weeks starting Feb. 21 to request the president of the Hamburg-based International Tribunal on the Law of the Sea (ITLOS) to form and complete the arbitration panel, continuing a multilateral initiative that has been opposed by China.

“The process will continue on with or without China and we are looking at three to four years to proceed through this arbitral tribunal process,” Hernandez told a press briefing. China, Taiwan, Philippines, Vietnam, Brunei and Malaysia lay claim on parts or virtually the entire contested islands, shoals and reefs in the South China Sea where undersea gas deposits have been discovered in several areas.

China prefers to negotiate one on one with other claimants, which would give it advantage because of its sheer size compared to rival claimants that are smaller and have less military force.

“Our hope is for the tribunal to declare China’s excessive nine-dash claim which encompasses practically the entire South China Sea unlawful and direct it to respect out sovereign rights ver our maritime entitlements in the West Philippine Sea,” Hernandez said.

China’s nine-dash line is a U-shaped map that covers nearly 90 percent of the South China Sea. Manila initiated an arbitration process under the UNCLOS on January 21 to try to declare as “illegal” China’s nine-dash claim.

The president of ITLOS upon receipt of the Philippine request will have 30 days to form the arbitration panel, Hernandez said.

“The Philippines has been engaging China in political and diplomatic dialogues for a peaceful negotiated settlement of its maritime dispute for the past 18 year, but with no success,” he said.

“We view the arbitration process as the most friendly, peaceful and durable option to clarify the maritime entitlements of coastal states in the South China Sea and to ensure peace and stability and freedom of navigation in the region.” — KBK, GMA News
Offline Profile Quote Post Goto Top
 
Hong Nam
Member Avatar
Bought by China

China should face Philippines before UN tribunal - EU solons
By: Michaela del Callar,
Philippine News Agency
February 15, 2013 6:55 PM

Full Article Here

Although the E.U. says it does not take sides on the sea row involving the Philippines, China, Vietnam, Malaysia, Brunei and Taiwan, the European parliamentarians said they believe the Philippines’ legal action is a “good move” to enable a peaceful solution to the conflicts.

“The E.U. is on the side of the Philippines,” delegation chairman Werner Langen told a press conference.“It is in the interest of all the EU states that through the adherence to international agreements we solve these questions and solve the question of natural resources.

”The E.U. lawmakers’ backing adds a crucial voice to the Philippine decision to initiate arbitration process under the United Nations Convention on the Law of the Sea (UNCLOS) to try to declare as “illegal” China’s expansive claim to the South China Sea, part of which is known in the Philippines as West Philippine Sea.


Posted Image
Constructions Mecaniques de Normandie - C Sword 90



Offline Profile Quote Post Goto Top
 
Hong Nam
Member Avatar
Bought by China

UN supports peaceful settlement in South China Sea row - DFA
By: InterAksyon.com
February 21, 2013
12:12 PM

Full Article Here

MANILA – United Nations (UN) Secretary General Ban Ki-moon renewed the world body’s support for a peaceful and amicable resolution of the maritime dispute between the Philippines and China over the West Philippine Sea, the Department of Foreign Affairs said in a news release.




Posted Image
Constructions Mecaniques de Normandie - C Sword 90



Offline Profile Quote Post Goto Top
 
gammy322
Member Avatar
Member
[ *  *  * ]
China prods PH on bilateral forum, says UN court complicates sea row
By: Pots de Leon, InterAksyon.com
February 23, 2013 6:56 PM


MANILA, Philippines – Still pursuing the line that elevating the South China Sea maritime row to a UN arbitral tribunal only complicates matters and heightens tension, Beijing on Saturday pushed a regular consultation mechanism on maritime issues, a bilateral channel it pushed three years ago.

It asked the Philippines to respond to its proposal to create the mechanism instead of pursuing the case before the Arbitral Tribunal under the UN Convention on the Law of the Sea.

In a comment in state-owned China Daily, Director General Ouyang Yujing of the Chinese Foreign Ministry’s boundary and ocean affairs division noted that China had sought the regular consultation mechanism on maritime issues between both countries in March 2010. This was before the dispute became full-blown in April 2011, and was further heightened in the Panatag Shoal (Scarborough) standoff in April 2012.


http://www.interaksyon.com/article/55718/china-prods-ph-on-bilateral-forum-says-un-court-complicates-sea-row
Offline Profile Quote Post Goto Top
 
gammy322
Member Avatar
Member
[ *  *  * ]
....Decision to go to UN body is final

Manila’s decision to go to the tribunal is “final,” said DFA spokesman Raul Hernandez, and the arbitration proceeding would continue and push through even without the participation of China.

Del Rosario squelched fears that bringing the matter to an international arbitration could hurt the Philippine economy, since China is the one that “benefits” more from the Philippines.

Philippine investment in China is estimated at $3 billion but China invested only $1 billion in the country, he said in an interview at the sidelines of the Manila Overseas Press Club (MOPC).

Manila on January 22 presented a Statement and Notification of Claim to China, as well as a note verbale to Chinese Ambassador to Manila Ma Keqing.

The presentation of the Notification signals the start of the arbitration proceedings.

The Philippine government filed a case against Beijing under the compulsory proceedings provided by Annex VII of UNCLOS.
Edited by gammy322, Feb 23 2013, 09:02 PM.
Offline Profile Quote Post Goto Top
 
Hong Nam
Member Avatar
Bought by China

gammy322
Feb 23 2013, 09:00 PM

Still pursuing the line that elevating the South China Sea maritime row to a UN arbitral tribunal only complicates matters and heightens tension, Beijing on Saturday pushed a regular consultation mechanism on maritime issues, a bilateral channel it pushed three years ago.

Apparently, they believe that the only uncomplicated way of doing things is to do it their way. Makes sense does it? :headbang:

Good God! I sometimes wonder how their country has managed not to blow itself to kingdom come despite being run by monkeys. :dunno:


Posted Image
Constructions Mecaniques de Normandie - C Sword 90



Offline Profile Quote Post Goto Top
 
dewey
Member Avatar
metro aide sweeper

expert na kasi sila hong, theyve been doing that for a long time already. historical books and period movies show them as such, tactics if im not mistaken. confucius inspired maybe? :lollol:
IDI@T!!! COWARD!!!
Offline Profile Quote Post Goto Top
 
1 user reading this topic (1 Guest and 0 Anonymous)
ZetaBoards - Free Forum Hosting
Create a free forum in seconds.
Go to Next Page
« Previous Topic · West Philippine Sea · Next Topic »
Add Reply