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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 (50,576 Views)
pachador


http://www.thinkir.co.uk/chinas-territorial-claims-and-the-future-of-international-law-in-asia/

http://opiniojuris.org/2013/01/25/what-happens-if-china-tries-to-boycott-unclos-arbitration-a-japanese-guy-gets-to-appoint-the-tribunal/

Edited by pachador, May 22 2013, 03:42 AM.
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Mckoyzzz
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Japan supports PH efforts in claim arbitration
By Roy C. Mabasa
Published: May 23, 2013

Japan has expressed its full support for the Philippines’ initiation of arbitral proceedings last January, pursuant to the United Nations Convention on the Law of the Sea (UNCLOS), in its bid to clarify maritime zones and entitlements in the South China Sea.

The support was manifested by Japanese Prime Minister Shinzo Abe during his meeting with Foreign Affairs Secretary Albert F. del Rosario at the Kantei (Prime Minister’s Office) in Tokyo Thursday afternoon, according to the Department of Foreign Affairs (DFA).


Both countries are currently locked in separate territorial disputes with China.

<snipped>

Along these lines, Prime Minister Abe and Secretary del Rosario discussed the regional situation and the particular maritime security challenges confronted in common by the Philippines and Japan, being two important island nations in the Asia-Pacific. They noted the Philippines and Japan’s shared advocacy in promoting the rule of law.

During their meeting, del Rosario also briefed Prime Minister Abe on the Philippines’ parallel pursuit of diplomatic and political avenues in order to address maritime concerns.

Prime Minister Abe and Secretary del Rosario welcomed this year’s commemoration of the 40th Anniversary of ASEAN-Japan Friendship and Cooperation. They also exchanged views on other regional matters, including the denuclearization of the Korean Peninsula.

The DFA said del Rosario for his part, expressed the Philippines’ appreciation to Japan for its support while stressing the crucial role of international law in attaining a durable resolution to international disputes based on a level playing field.

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Hong Nam
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Bought by China

Beijing looks like a 'bully' by rejecting arbitration on South China Sea issue
Legal scholar says Beijing 'looks like a bully' for snubbing Manila's move on maritime dispute
Verna Yu - South China Morning Post
Monday May 27, 2013


Professor Jerome Cohen, of the New York University school of law, said he was "disappointed" that Beijing had rejected arbitration. "The leadership obviously took the view that damage is likely to be less, especially if it can coerce the Philippines into further compromise while arbitration is going on," he said at a lecture at the University of Hong Kong on Thursday.


"China would look more reasonable if it had presented its arguments to the panel because it would have been seen to be honouring its obligation to comply with treaty provisions".

"How is it for any nation to say we're so correct that we don't have to go to the impartial tribunal we previously agreed on to hear our views validated?"

"This makes China look bad to the world community... Now it looks like a bully that rejects its legal obligation to settle a dispute under UNCLOS

"All great powers including the US and China need to be reminded from time to time they are subject to international limits they sometimes don't like".

"China's rejection of international arbitration had eroded its soft power. When you're seen to be a violator of international law, you don't win many votes from the world community".


http://www.scmp.com/news/china/article/1245471/beijing-looks-bully-rejecting-arbitration-south-china-sea-issue
Edited by Hong Nam, May 27 2013, 03:04 PM.

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dewey
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metro aide sweeper

i dont think china cares about image. they had been showing the world their true colors. their bottom line here is to take whatever they want, no matter how bad it looks to everyone :brrt:

sama ng ugali :headbang:
IDI@T!!! COWARD!!!
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Hong Nam
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Bought by China

China and the Philippines Take Their "Battle" Over South China Sea to Military Conference
by Julian Ku


The indefatigable Benjamin Wittes at Lawfare has a short post describing a lively exchange between the Chinese and Filipino representatives at MILSOPS, an invitation-only off-the-record meeting of top military officials from the Asia-Pacific region, about China's nine-dash-line claim to the South China Sea.


Quote:
 
The Chinese Slides from MILOPS
By Benjamin Wittes
Wednesday, June 27, 2012 at 10:09 AM

http://www.lawfareblog.com/2012/06/the-chinese-slides-from-milops/

You can download China's powerpoint presentation there.


The one thing that is a constant in these slides and from other articles from China is that Chinese officials are using their claim to sovereignty over the "Nansha" islands as the basis for their claims of indisputable sovereignty. And China does indeed have plausible sovereignty claims to many of the islands in the South China Sea, and those sovereignty claims are of course not subject to UNCLOS arbitration.
But no one in China has really offered a particularly detailed explanation of how the sovereignty claims to the islands can justify the "nine-dash line" (see my earlier post here describing the nine-dash line claim) which goes well beyond a 12 mile territorial sea or the 200 mile exclusive economic zone.

Thus, even if China had sovereignty over every random rock in the South China Sea, it can't quite support the nine-dash line. I wish Chinese scholars would offer a more comprehensive explanation or defense of the nine-dash line, as oppose to muddying the issue by raising their island sovereignty claims. It is the nine-dash line that makes China's claims unusual, and particularly dangerous. And, oddly, it overshadows and weakens China's much better and more legally supportable claims to particular South China Sea islands.

http://opiniojuris.org/2013/06/04/china-and-the-philippines-take-their-battle-over-south-china-sea-to-military-conference/




Edited by Hong Nam, Jun 6 2013, 09:29 PM.

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Mckoyzzz
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For having Pinay wife, Sri Lankan judge in PHL arbitral proceedings vs China resigns
Michaela del Callar
June 7, 2013 5:20pm


A member of a United Nations five-man tribunal that will hear the Philippines’ complaint over what it call’s China’s “excessive” claim to the resource-rich South China Sea has resigned, disclosing that his wife is a Filipino, the Department of Foreign Affairs (DFA) said on Friday.

In a letter addressed to Solicitor General Francis Jardeleza dated May 6, 2013, Judge Chris Pinto of Sri Lanka stepped down as judge of the Arbitral Tribunal, citing his wife is a Filipino national, Foreign Affairs spokesman Raul Hernandez told a press briefing.

“The resignation of Judge Pinto will not affect the procedure of the arbitral proceedings,” Hernandez said.

He said the Philippines is prepared to present its case once the fifth judge to replace Pinto is appointed by International Tribunal for the Law of the Sea or Itlos President Shunji Yanai and soon as the panel advises Manila to meet on the case.

“The Solicitor General acknowledged the disclosure statement and requested the President thru a letter dated May 27, 2013 to name another judge to ensure the impartiality of the arbitral proceedings,” Hernandez said.

Jardeleza also asked Yanai to “assure that any Award that might be rendered in these proceedings is accorded the full degree of respect to which it is entitled, and is as safe as possible from attack by anyone who might be motivated to undermine it.”

The Itlos President has 30 days to make the appointment of his replacement.

“We expect the replacement judge within June,” Hernandez said.


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Hong Nam
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Bought by China

A good decision on his part to avoid future complications. At least the Chinese couldn't use it as a reason to cry unfair. Not that it doesn't mean they won't.

We are certain that they claim bias if the decision doesn't go their way.
Edited by Hong Nam, Jun 9 2013, 07:32 PM.

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Hong Nam
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South China Sea dispute dynamics
June 16th, 2013
Donald R. Rothwell, ANU


The decision handed down by the International Court of Justice (ICJ) on 19 November 2012 in the Nicaragua v Columbia case has several implications for the South China Sea disputes, particularly with respect to the status of the disputed maritime features under the 1982 UN Convention on the Law of the Sea (LOSC).

The ICJ's judgment explored a range of issues which not only bear similarities to aspects of the South China Sea land and maritime disputes but which set a precedent for the interpretation of the relevant international law.

1) The ICJ considered the definition in international law of islands and associated maritime features
2) Their entitlements to maritime zones
3) The impact of these features upon maritime boundary delimitation between two states with joint claims over a maritime area.


Quote:
 
Part VIII of the LOSC details the "REGIME OF ISLANDS", which contains provisions of considerable significance for the South China Sea.

Article 121(1)
Defines an island as "a naturally formed area of land, surrounded by water, which is above water at high tide". An artificial island does not therefore meet the criteria. Rocks, shoals or reefs which may be visible at low tide are not Article 121(1) islands for the purposes of the LOSC.

The importance of Article 121(1) islands under the LOSC is that they generate the complete range of maritime zones.

An exception applies in the case of islands that may be characterized as rocks, and which "cannot sustain human habitation or an economic life of their own". These features do not enjoy an entitlement to a continental shelf or an EEZ.

In the South China Sea distinguishing between islands, rocks and low-tide elevations is of greater significance because of the number of maritime features in dispute, and the efforts by some of the claimant states to build structures such as platforms, lighthouses and small dwellings on these features in an effort to sustain their territorial claims and the capacity of those maritime features to be characterized as Article 121(1) islands.

A major feature of Nicaragua v Colombia was the maritime features found in the disputed sea areas, including offshore features comprising a mix of islands, reefs, cays, banks, shoals and atolls. A key threshold issue for the ICJ was the capacity of these features to be subject to appropriation. The court reaffirmed established principles in this respect by distinguishing between the capacity of islands, even very small islands, to be subject to appropriation, while low-tide elevations cannot be appropriated other than if they fall within the territorial sea.

1) The ICJ undertook a forensic analysis in order to determine whether certain maritime features are Article 121(1) islands, or alternatively are rocks or low-tide elevations.

2) The ICJ will consider a range of issues as they relate to islands in its assessment of what are the relevant circumstances following the drawing of a provisional equidistance or median boundary line.

3) To that end, the size of the island and its potential distorting effect upon a maritime boundary are factors that will be considered.

In the context of the South China Sea this decision would certainly suggest that, even if territorial sovereignty was conclusively settled over disputed islands and associated maritime features, there is every likelihood that the ability of these features to generate vast maritime claims would be compromised. This is either because these features are not Article 121(1) islands, or because they would have a distorting impact upon the maritime boundaries based upon competing maritime claims from continental or island land masses whose status is not in dispute.

http://www.eastasiaforum.org/2013/06/16/south-china-sea-dispute-dynamics/




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The new arbitral judge is from China... err Ghana :patrioticpinoy:


Quote:
 
New judge in PHL arbitration case vs China is from Ghana
June 25, 2013 1:12pm

A replacement judge has been named to complete a five-member United Nations tribunal that will hear a crucial arbitration case filed by the Philippines to challenge China’s massive territorial claims in the resource-rich South China Sea, the spokesperson for the Foreign Affairs Department said Tuesday.

The members of the arbitral tribunal were first completed in April but Sri Lankan Judge Chris Pinto resigned in May to prevent being accused of impartiality because he had a Filipino wife.

Foreign Affairs spokesman Raul Hernandez said Thomas Mensah of Ghana was named by International Tribunal on the Law of the Sea Shunji Yanai to replace Pinto, completing the cast of judges.

Mensah will also act as President of the arbitral tribunal, which would convene soon to determine whether it can acquire jurisdiction over the Philippine complaint and proceed to look into Manila’s case.

Despite the risks of standing up to China, an Asian economic giant, the Philippines sought arbitration under the UN Convention on the Law of the Sea (UNCLOS) last January to question the legality of Beijing’s sweeping claims in the South China Sea.

China has dismissed the Philippine action, which got the backing of several Asian and Western nations like Japan, the United States and European Union.


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Hong Nam
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Bought by China

Mckoyzzz
Jun 25 2013, 08:16 PM
The new arbitral judge is from China... err Ghana :patrioticpinoy:


Quote:
 
New judge in PHL arbitration case vs China is from Ghana
June 25, 2013 1:12pm


GMA


China!!! :scared:

Quote:
 
UN picks new judge for Philippines-China dispute
Kyodo News
Posted at 06/25/2013 7:12 PM


Raul Hernandez, spokesman for the Philippine Foreign Affairs Department, said Ghanaian judge Thomas Mensah has been named to replace Sri Lankan Judge Chris Pinto. The other four judges are Rudiger Wolfrum of Germany, Stanislaw Pawlak of Poland, Jean-Pierre Cot of France and Alfred Soons of the Netherlands.

"The five-member arbitral tribunal will now organize itself and establish its own rules and regulations," Hernandez said.

At the ASEAN senior officials meeting in Bandar Seri Begawan, Brunei earlier this month, a diplomat said China had asked the Philippines to drop the case.

Manila has ignored Beijing's plea, saying compulsory arbitration is imperative to counter China's expansive "9-dash line" claim in the South China Sea.

Manila insisted that arbitration is "a peaceful and durable form of dispute settlement pursuant to international law."

"We have everything to gain in this legal exercise, we have nothing to lose," a Philippine diplomat told Kyodo News, adding the Philippines' filing of the arbitration case is consistent with its rules-based approach to the South China Sea dispute.

http://www.abs-cbnnews.com/nation/06/25/13/un-picks-new-judge-philippines-china-dispute


The game is on! :snipemo:





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