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| PH Files Case vs China Before UNCLOS Tribunal; Ph challenges China's 9-dash claims in WPS at UN Tribunal | |
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| Tweet Topic Started: Jan 22 2013, 05:03 PM (50,577 Views) | |
| pachador | Apr 28 2013, 01:28 PM Post #201 |
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an american lawyer is representing us at the ITLOS. he is one of the best if not the best on international law of the sea issues. as for the bully's sovereignty rights, that is a concern only in their mind but not in the international community because the sovereignty they claim is a manufactured and invented one with no legal basis in today's laws., . on the basis of international support alone, we got EURO, america, japan, australia etc on our side. they wont take our side just because we are friends, but because , we are on firm legal footing. Edited by pachador, Apr 28 2013, 01:31 PM.
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| Taz_1 | Apr 30 2013, 09:31 AM Post #202 |
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If they vacated the place for any reason, just run aground another old ship. |
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| Parastriker | May 3 2013, 11:49 PM Post #203 |
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I don't know how many times have I told this statement already. Grounding ships aren't going to make the local and international environmentalists to be happy, and I am sure China is going to use that situation to destroy our image; China has many contacts within many such groups, and they can manipulate them with the use of money. |
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Success through information, victory through disinformation. "Good leaders make efficient followers. Great leaders make good followers. But true leaders make leaders out of mere followers." "Measuring the intelligence of a common internet user is as easy as looking at his/her grammar." | |
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| seWer Rat | May 6 2013, 10:11 AM Post #204 |
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amateur sewer cleaner
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Manila all at sea over islands On April 26, the Chinese Foreign Ministry accused the Philippines of trying to legalize its occupation of disputed islands in the South China Sea. Foreign Ministry spokeswoman Hua Chunying said China would never agree to international arbitration on the disputed islands, which the Philippines has been seeking. Earlier this year, the Philippine government called for international arbitration in the South China Sea dispute and notified China of its move. And in late March, the president of the International Tribunal for the Law of the Sea even appointed an arbiter for arbitral proceedings after Beijing "failed to designate its representative within the 60-day deadline". The South China Sea dispute centers mainly on two aspects: conflicting sovereignty claims over Nansha Islands and maritime delimitation. In both cases, the disputing countries should resolve the issue through peaceful means. By initiating arbitration on the validity of China's claims, the Philippines has actually exposed its lack of legal knowledge and violated the consensus reached on the Declaration on the Conduct of Parties in the South China Sea. The Philippines has called for arbitration in the dispute by invoking the United Nations Convention on the Law of the Sea, but this does not justify its move. According to Article 286 of the UNCLOS, any dispute on the interpretation or application of the convention, in which no settlement has been reached through negotiation or other peaceful means, should be submitted by a party to the dispute to a court or tribunal having jurisdiction over the matter. Therefore, a party to a dispute can invoke the article on the premise that no negotiated settlement has been reached. But by submitting the dispute to the arbitral tribunal that has not yet been fully established, Manila has unilaterally terminated the negotiation procedure and thus should be responsible for the consequences that follow. Manila's unilateral move has also violated the consensus reached on the Declaration on the Conduct of Parties in the South China Sea with Beijing. According to Article 7 of the declaration, "the parties concerned should stand ready to continue their consultations and dialogues concerning relevant issues, through modalities to be agreed by them". Obviously, taking the dispute to the UN is not a modality agreed by the two sides. Since the Philippines has violated the consensus, parties in the South China Sea should henceforth prevent it from participating in the process to develop legally binding documents. more |
| To avoid criticism, write nothing, say nothing, do nothing, BE NOTHING. | |
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| Hong Nam | May 6 2013, 11:00 AM Post #205 |
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Bought by China
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Talk about missing the whole picture... Keep on China, and surely you will lose the arbitration case. "This is really what a jurisdictional challenge would look like, if China argued its case. I think this is the most plausible part of China’s argument, but it is not exactly a slam dunk. First of all, China’s invocation of the “Land Dominates the Sea” doesn’t help their argument much here since the infamous Nine Dash Line doesn’t seem to flow from any land claims, or at least China has usually based the Nine Dash Line on “historic rights,” not land". "In any event, the Philippines is not rejecting the “Land Dominates the Sea” principle. They are just arguing that the “land” China is relying on is a rock, not an island within the meaning of UNCLOS Art. 121(3), and hence cannot grant China a 12 mile territorial sea even if China did have sovereignty. Since some of these rocks/islands fall within the Philippines Exclusive Economic Zone, this is not a sovereignty issue but a UNCLOS issue". Edited by Hong Nam, May 6 2013, 11:03 AM.
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| Ayoshi | May 8 2013, 03:59 PM Post #206 |
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PH thanks EU for support in territorial dispute with China www.interaksyon.com <snipped>
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| qb7 | May 13 2013, 12:38 PM Post #207 |
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Recruit
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Has there bee any updates regarding the UNCLOS tribunal on the situation? |
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| wily_pest | May 14 2013, 03:08 AM Post #208 |
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Know you that the Philippines, China, EU, and the world know that the Philippines is the rightful owner of the claim but China does not care for the truth nor the world opinion. All China cares about is ownership (rightly or wrongly) so they can access the natural resources and fishes. So in the end, it is the military of the Philippines that will be needed to prevent these Communists from occupying the Phil. EEZ. Let's hope that the Phil. govt. realizes that the piece of paper from the UN arbitrators will not be as important as a fast Phil. military mobilization. And that this military mobilization will made in a timely fashion and with the sufficient quality and quantity. |
| Management of many is the same as management of few. It is a matter of organization. Sun Tzu | |
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| seWer Rat | May 17 2013, 06:03 PM Post #209 |
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amateur sewer cleaner
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EU, suportado ang PH sa pagresolba ng territorial dispute vs China http://bit.ly/Z0Dw4o
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| To avoid criticism, write nothing, say nothing, do nothing, BE NOTHING. | |
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| Hong Nam | May 22 2013, 01:41 AM Post #210 |
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Bought by China
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The First Serious Defense China's Position on the Philippines UNCLOS Arbitration by Julian Ku Professor Stefan Talmon of the University of Bonn and St. Anne's College in Oxford offers one of the first serious attempts to defend China's position on the UNCLOS arbitration brought by the Philippines. In an essay published by the Global Times, China's hawkish state-owned daily paper, Professor Talmon argues that all of the Philippines' claims against China fall outside of the jurisdiction of the UNCLOS arbitral tribunal.
Julian Ku's counter analysis:
http://opiniojuris.org/2013/05/21/the-first-serious-defense-chinas-position-on-the-philippines-unclos-arbitration/ |
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8:33 AM Jul 11