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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 (50,596 Views)
AVBsupersonic
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These past and current events comes in a synchronized move, starting from when last year when we were trying to ask US commitment and support on our position in "Panatag shoal", but Washington played it a bit cold or safe, maybe doesn't want to compromise Pres. Obama's re-election bid..

In Sept. 2012, Japan and China brewing conflict started to heat up, exchanges of word war, warnings between the Philippines and China was back on, if we think about everything up till the US Pres. Elections, our conflict issue w/ China played like a diversion to lower the temperature on the much volatile Japanese issues.

Then comes post US Pres. Elections and Obama Victory, Jan 2013 China-Japan issues heats up, who knows..? maybe all of what we see and hear are just "iyon lang ang akala natin na nangyari?" Only our Govt or only P.Noy, Japan, US, Australia and other allies knows what really is happening..???

Then the sudden change of US firm tone, especially regarding "Senkakus" Japan warning China, China's grave warning to Japan and mocking of the US and it's allies through it's PLA Military heads, US sec Panetta suddenly asking NATO, EU to join US Re-balance to Asia Pacific, the Philippines filing of formal protest to UNCLOS/ ITLOS comes in at the perfect time...

The Philippines position in the Pacific Area is very strategic and important to the US, and worst it's the same with China.. need I say more.

I sure hope our Government and AFP/ DND has something secret up their sleeve just in case China decides to take the offensive move, for this is not something for us just to sit back and wait or just to rely on our allies or else we will be like bait or the sacrificial lamb...

Just my 10 CENTS. :armyskeptic:
"Some are just lucky that they're not under oath and are not classified!"- Blue badge
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raider1011


Analysis: Manila gambles with UN arbitration in dispute with China

Philippines’ defiance of Beijing over territorial row a dramatic throw of legal and political dice

Greg Torode, Chief Asia Correspondent
Wednesday, 23 January, 2013, 12:00am

Manila's step - launched without China's consent - is unusual and highly technical, according to international lawyers. Even officials in Manila noted it could take as long as four years - a period during which they are braced to suffer China's diplomatic wrath.

"We are all for improving our economic relations with China but it should not be at the expense of surrendering our national sovereignty," a Philippine statement said yesterday.

And, of course, there is no guarantee of success - or even a certainty that a tribunal set up under the UN's Convention on the Law of the Sea would agree to hear the case.

(snip)

The fact that the Philippines can contest China's actions and positions without Beijing's consent represents a unique feature of the UNCLOS compared with other UN conventions. Unlike the International Court of Justice - already rejected by Beijing as an option to solve the South China Sea disagreement - a tribunal cannot be used to settle issues of sovereignty, but it can deal with a range of related disputes.

China signed up to UNCLOS in 1994 and exempted itself from dispute action in certain areas, including military activities and historic waters. But, legal scholars warned, there remained plenty of wiggle room. Unilateral action would still be possible concerning fishing rights in another country's economic zone, or whether a disputed rock or reef could be considered an island, and therefore entitled to an economic zone.

(snip)

For all the risks, officials in Manila have not moved rashly. Under the guidance of Foreign Affairs Secretary Albert del Rosario, scholars and lawyers have for months been formulating a strategy. They have also engaged a leading Washington lawyer, Paul Reichler of Foley Hoag.

Officials in Beijing said they had been building up expertise and experience in the UN convention and its tribunals.

"We are not afraid of UNCLOS," one Chinese diplomat said recently. "Manila underestimates our knowledge at its peril."

South China Morning Post
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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Santi Kampilan
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raider1011
Jan 23 2013, 04:44 AM
Analysis: Manila gambles with UN arbitration in dispute with China


"We are not afraid of UNCLOS," one Chinese diplomat said recently. "Manila underestimates our knowledge at its peril."

South China Morning Post
Well, let's get it on. Put your money where your mouth is.
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Vermonter
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The Philippines' actions reminds me of Ethiopia's actions prior to World War 2.
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Marschall
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Quote:
 
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).



We have a couple of problems:

1) It is not even certain whether the issue will be taken up by the UN or not.

2) If it is taken up and we win, then who will dare enforce the ruling of the court in our favour and possibly risk military engagement with China - on behalf of a country that does not match the economic significance of the Communist cheap-labour Mecca?

3) If it is taken up and we lose, what then?

4) If it is not at all taken up, what then?

5) The "military solution" would be pointless. Realistically speaking, if the case was neither taken up by the UN or if we lost and decided to then settle matters through military means, then the Chinese surely would only be all too happy to have been provided with a justification to obliterate our armed forces - and perhaps even claim more of our territory as some sort of "buffer zone".



My conclusion: this should not have happened in the first place. But we are here now and there is again not much apart from whining (i.e. protesting and complaining) that our government can do - at least not within the next 5 years.
Thus, the only possible resolution to this whole problem is one that will demand years of preparation and dedication: the modernization of the AFP to the point that we can effectively enforce and uphold our sovereignty over the entire Philippine territory. There is, however, the problem that we can see from experience and history that both the Philippine electorate and the vast majority of oligarchs (of whom consists most of successful political candidates) place no meaningful focus on the modernization of the Philippine Military.

So, if I were to be realistic, I'd say that what will happen is this: we will effectively lose control over the occupied/conquered territories and not regain it in our lifetime. And we will be whining about this for decades to come - just as was the case with Sabah.
"THE BEST PARENT AND GUARDIAN OF LIBERTY AMONGST MEN IS TRUTH" ~ Pope Leo XIII, Immortale Dei

“When learned men begin to use their reason, then I generally discover that they haven’t got any.” - G. K. Chesterton

MSantor is not a man of sound reason. Savages have always preferred the club for they know that they are powerless against the pen. But who is the greater fool - the savage or the one that gives him power? May Truth rebuke you.
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mikegalvez
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Hope that the DND would fast track the modernization for us to be prepared for any eventuality. As the good governor of Palawan said, "give it up or die for it".
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Hong Nam
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Bought by China

Santi Kampilan
Jan 23 2013, 05:57 AM
raider1011
Jan 23 2013, 04:44 AM
Analysis: Manila gambles with UN arbitration in dispute with China


"We are not afraid of UNCLOS," one Chinese diplomat said recently. "Manila underestimates our knowledge at its peril."

South China Morning Post
Well, let's get it on. Put your money where your mouth is.

- "We are not afraid of UNCLOS." - A lie.

- "The fact that the Philippines can contest China's actions and positions without Beijing's consent represents a unique feature of the UNCLOS compared with other UN conventions. Unlike the International Court of Justice - already rejected by Beijing as an option to solve the South China Sea disagreement - a tribunal cannot be used to settle issues of sovereignty, but it can deal with a range of related disputes".


- If the aren't afraid, then why insist on bilateral talks? They could have went straight to the ICJ and be done with it. Save time and trouble for all.


- Unless, they know something you don't.

Quote:
 
And, of course, there is no guarantee of success - or even a certainty that a tribunal set up under the UN's Convention on the Law of the Sea would agree to hear the case.

- Which is highly unlikely. So, bring it on! :snipemo:





Edited by Hong Nam, Jan 23 2013, 11:08 AM.

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Constructions Mecaniques de Normandie - C Sword 90



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raider1011


Chinese ambassador: China has indisputable sovereignty over South China Sea islands
Quote:
 
English.news.cn 2013-01-22 20:37:28

MANILA, Jan. 22 (Xinhua) -- Chinese Ambassador to the Philippines Ma Keqing reiterated Tuesday China's principled position that China has indisputable sovereignty over the islands in the South China Sea and its adjacent waters, after the Philippines announced it had taken the disputes to the United Nations Arbitral Tribunal.

"The Chinese side strongly holds the disputes on South China Sea (SCS) should be settled by parties concerned through negotiations," Ma said in a meeting with Assistant Secretary of the Philippine Department of Foreign Affairs (DFA) Theresa Lasaro. The latter submitted the Note Verbale that the Philippines will initiate arbitral proceedings of the South China Sea issue, according to the Chinese Embassy in Manila.

"This is also the consensus reached by parties concerned in the Declaration on the Conduct (DOC) of Parties in the South China Sea, " she added.

(snip)

The move to bring the disputes to the UN Arbitral Tribunal is Manila's latest attempt to show its hardline position toward China on the territorial disputes.

The Chinese Government has always stood for a negotiated settlement of international disputes through peaceful means. In this spirit, China has solved questions regarding territory and border with some neighboring countries through bilateral consultations and negotiations in an equitable, reasonable and amicable manner.

This position also applies to the South China Sea. China is committed to working with the countries concerned for proper settlement of the disputes related to the South China Sea through peaceful negotiations in accordance with the universally- recognized international law and the contemporary law of the sea, including the fundamental principles and legal regimes set forth in the 1982 UNCLOS.

Xinhua

Kung hindi man obvious, Xinhua is their mouthpiece . . .
Edited by raider1011, Jan 23 2013, 03:24 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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Furbolling
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raider1011
Jan 23 2013, 03:22 PM
Chinese ambassador: China has indisputable sovereignty over South China Sea islands
Quote:
 
English.news.cn 2013-01-22 20:37:28

MANILA, Jan. 22 (Xinhua) -- Chinese Ambassador to the Philippines Ma Keqing reiterated Tuesday China's principled position that China has indisputable sovereignty over the islands in the South China Sea and its adjacent waters, after the Philippines announced it had taken the disputes to the United Nations Arbitral Tribunal.

"The Chinese side strongly holds the disputes on South China Sea (SCS) should be settled by parties concerned through negotiations," Ma said in a meeting with Assistant Secretary of the Philippine Department of Foreign Affairs (DFA) Theresa Lasaro. The latter submitted the Note Verbale that the Philippines will initiate arbitral proceedings of the South China Sea issue, according to the Chinese Embassy in Manila.

"This is also the consensus reached by parties concerned in the Declaration on the Conduct (DOC) of Parties in the South China Sea, " she added.

(snip)

The move to bring the disputes to the UN Arbitral Tribunal is Manila's latest attempt to show its hardline position toward China on the territorial disputes.

The Chinese Government has always stood for a negotiated settlement of international disputes through peaceful means. In this spirit, China has solved questions regarding territory and border with some neighboring countries through bilateral consultations and negotiations in an equitable, reasonable and amicable manner.

This position also applies to the South China Sea. China is committed to working with the countries concerned for proper settlement of the disputes related to the South China Sea through peaceful negotiations in accordance with the universally- recognized international law and the contemporary law of the sea, including the fundamental principles and legal regimes set forth in the 1982 UNCLOS.

Xinhua

Kung hindi man obvious, Xinhua is their mouthpiece . . .
they just repeating it over and over again.

baka kala nila pag inulit ulit nila magiging tama na. kakainis
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-Maximus
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gammy322
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Q & A | Will we win our case against China? DFA answers this and 26 other questions
By: Department of Foreign Affairs
January 23, 2013 3:45 PM


The Department of Foreign Affairs prepared this Q & A on the UNCLOS (United Nations Convention on the Law of the Sea) arbitral proceedings against China to achieve a peaceful and durable solution to the dispute in the West Philippine Sea.

1. Why are we bringing China to an arbitral tribunal?

China’s 9-dash line claim encompasses practically the entire West Philippine Sea (WPS). We must challenge the unlawful claim of China under their 9-dash line in order to protect our national territory and maritime domain.

2. Why do we have to do this now?

Having exhausted all possible initiatives, we feel the time to act is now. If we do not act now, we will be in default.

3. What is the basis of our legal action?

The legal action is pursuant to the President’s constitutional mandate to pursue the national interest and defend the Philippine territory and maritime domain. It also pursues the policy of a rules-based approach based on international law, especially UNCLOS, in resolving the disputes in the WPS.

4. What do we expect from this arbitral tribunal?

We hope that the arbitral tribunal will issue an award in accordance with international law that will direct China to respect our sovereign rights and jurisdiction over our EEZ (exclusive economic zone), continental shelf, contiguous zone, and territorial sea over the West Philippine Sea, and to desist from undertaking unlawful acts that violate our rights.

5.What is the process of arbitration?

Under Annex VII of UNCLOS, the arbitration process begins by notifying the other party to the dispute and giving a statement of facts on which the notification is based.

In accordance with this process, the Philippines through the DFA handed the note verbale to the Chinese Ambassador in Manila in the afternoon of 22 January 2013 notifying China that the Philippines is bringing the dispute in the WPS before an arbitral tribunal under Annex VII of UNCLOS.

The next step is to form the 5-member arbitration panel. When the panel is formed, the parties will present their documents to further explain their case.

6. Is the legal track the only option?

We have adopted three tracks in terms of the political, diplomatic and legal approaches. At this stage, the legal track presents the most durable option to defend the national interest and territory on the basis of international law.

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 (International Tribunal on the Law of the Sea), 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.

8. How long will the arbitration process last?

Based on the cases so far handled by international tribunals on maritime disputes, the case would take 3-4 years.

9. Will we win our case?

We believe we have a very good case under international law. In any legal action, however, there are many different factors to consider. What is more important is that we are able to present our case against China and defend our national interest and maritime domain before an independent international tribunal. We expect international law to be the great equalizer. 10. Who are the members of the PH legal team?

Solicitor General Francis H. Jardeleza is the agent or the legal representative of the Philippines in this arbitration case. Mr. Paul Reichler of the Washington law firm Foley and Hoag is the lead counsel.

11. Why are the other countries not filing a case against China?

The Philippines is taking action based on its national interest and not on the actions or non-action of other countries.

12. What if China refuses to participate in the arbitration?

The Philippines will pursue the procedures and remedies available under Annex VII of UNCLOS to achieve the award outlined in the Statement of Claim.

Annex VII of UNCLOS provides for compulsory proceedings with binding decision.

13. What’s next for the Philippines?

The Philippines will now prepare for the formation of the 5-member arbitration panel and agree on the venue.

14. Do you have the support of the other branches of the government?

Yes, all the three branches of the Philippine Government support the President’s decision to bring the dispute in the West Philippine Sea before the UNCLOS arbitral tribunal.

15. What will be the effects on Philippines-China economic relations?

As arbitration is friendly and peaceful, we hope that there will be no adverse effects on our trade with China. President Aquino and President Hu Jintao agreed that the bilateral agenda will be moved forward while contentious issues will be abstracted for separate treatment.

We are all for improving our economic relations with China but it should not be at the expense of surrendering our national sovereignty.

16. What will be the effects on tourism?

The Philippines and China have an incredible people-to-people engagement. We look forward to enhance it through an effective tourism program.

17. What will happen to our OFWs who may be affected by this action?

The Philippine government will provide the appropriate safety net for the OFWs.

18. Did the US and Japan influence your decision to take this action?

No. The Philippines is taking this action independently.

19. What are the opinions of the different sectors in Philippine society?

While there are varied opinions on the dispute, nevertheless, all Filipinos should unite to support the President’s constitutional mandate to protect Philippine territory and national interest.

20. Will this result into a military conflict?

China is a good friend. Arbitration is a peaceful and amicable process to settle a dispute between and among friends.

21. What will happen to PH-China relations?

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

22. Would this action affect ASEAN?

We are counting on ASEAN to support us in finding a peaceful and durable solution to the dispute. The Philippines must protect its own national interest in this regional forum as well as in other fora in order to enhance the respect of our international partners who support our cause.

23. Would discussions on the Code of Conduct (CoC) continue?

Yes, the Philippines will continue to work with ASEAN and China in crafting the Code of Conduct and implement the commitments of ASEAN Member States and China in the Declaration on the Conduct of Parties in the South China Sea (DOC).

24. Why can we not do joint development with China?

Joint development, following the Chinese model, is a violation of the Philippine Constitution. Joint development should be in accordance with Philippine law.

25. How much will this cost the Filipino people?

One cannot put a price in the concerted effort of the Filipino people and government in defending our patrimony, territory, national interest and national honor.

26. Why should the Filipinos support this action?

If someone forces himself into your house and tries to unlawfully take away what belongs to you, should you not take action against the intruder? Our action is in defense of our national territory and maritime domain.

27. How can all Filipinos help in promoting a positive result of this legal initiative?

All Filipinos should stand behind the President to defend what is ours in accordance with the Philippine Constitution. We should all firmly demonstrate our patriotism. We should all stand united as one before the whole world to manifest the President’s leadership on this issue.


http://www.interaksyon.com/article/53403/q--a--will-we-win-our-case-against-china-dfa-answers-this-and-26-other-questions
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