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 (50,575 Views)
Santi Kampilan
Member Avatar
Member
[ *  *  * ]
IMO a good choice. At least he studied and worked in the US. His company supplied Gulf War stuff 'cuz he is a brainiac in fiber optics.Thomas Mensah
Edited by Santi Kampilan, Jun 26 2013, 12:48 AM.
Posted Image
Offline Profile Quote Post Goto Top
 
Ayoshi
Member Avatar


Malaysia respects Phl decision to bring sea row to UN
www.philstar.com
June 29, 2013
Quote:
 
Malaysian Foreign Minister Anifah Aman, who was in Manila for a working visit, told Foreign Affairs Secretary Albert del Rosario last Thursday that Malaysia had also resorted to international legal adjudication in the past.

During a meeting, Del Rosario briefed Anifah on the two rules-based components of the Philippines’ approach to the West Philippine Sea issue: the arbitration case filed by the Philippines and the Code of Conduct.

Both expressed support for the expeditious beginning of negotiations on the Code of Conduct, which will be taken up at the 46th ASEAN Foreign Ministers’ Meeting (AMM) to be held in Brunei starting today until July 2.
Offline Profile Quote Post Goto Top
 
Hong Nam
Member Avatar
Bought by China

http://thespratlyjournal.blogspot.com/2013/07/why-china-will-not-bring-spratlys-issue.html

Why China will not bring the Spratlys issue to the United Nations


Let’s imagine  what most likely would happen if  China does take her case to the International Court of Justice  and the representative of China — let’s call him Mr. Lee — is before the Court headed by the Presiding Judge. Consider this scenario:

Judge:  “Please inform this Court of the basis  for your claim that the entire South China Sea aka West Philippine Sea belongs completely to the People’s Republic of China?”

Mr. Lee: “Thank you, your honor. Our claim  is based on the historical fact that this entire area has belonged to us since the Han Dynasty.”

Judge: “How do you intend to prove your case?”

Mr. Lee: “I will present to this Court an almost two thousand year old Han Dynasty map that indicates the limits of the Han Dynasty kingdom.”

Judge: “Let’s  assume for purposes of discussion  that  the Philippines, Vietnam, Malaysia, Brunei and other surrounding countries were provinces or part of the Han Dynasty during its time even if the map you hold may just actually be a navigational map which does not really define the limits of the Han Dynasty. Now  my study of China’s history indicate that the Han Dynasty lasted from 206 B.C. To 220 A.D.  Is this correct?”

Mr. Lee: “Yes your honor.”

Judge: “I  assume Mr. Lee that you are familiar with Alexander the Great, the young Macedonian king who conquered much of the ancient world.”

Mr. Lee: “I am, your honor.”

Judge: “At the time of his death in 323 B.C., Alexander’s kingdom included Greece, Syria, Persia now known as Iran, Egypt and a part of India. Are you aware Mr. Lee that Macedonia, Alexander’s country — is now known as the Republic of Macedonia?”

Mr. Lee: “If you say so your honor.”

Judge: “Good! You appear to know your history. I assume you are also familiar with the Roman Empire which existed for over a thousand years.”

Mr. Lee: “Thank you your honor, I do read history.”

Judge: “You are then aware Mr. Lee that at its height, the Roman Empire included most of Europe and parts of Africa and Asia.”

Mr. Lee: “I am aware, your honor.”

Judge: “Now Mr. Lee, since the time of Alexander, the Roman Empire and the Han Dynasty — through the course of time and historical events, various  independent countries have emerged in Europe, Africa and Asia — which now have their own respective territories. This is a reality which  we all have to accept, wouldn’t you say?”

Mr. Lee: “We cannot deny reality, your honor.”

Judge: “Now Mr. Lee, another undeniable reality is that Alexander’s empire, the Roman empire and the Han Dynasty kingdom are no longer existent — am I correct in my observation?

Mr. Lee: “You are correct, your honor.”

Judge: “Now Mr.Lee, in all candor, do you seriously believe that if the Republic of Macedonia and the Italian government were to come before this Court and petition us to affirm that they own the territories of these now independent  countries because they were once a part of Alexander’s empire or the Roman empire — that we would be persuaded to grant these petitions?”

Mr. Lee: “I understand what you are getting at, Judge — but most of what we are claiming as ours is marine area and not land.”

Judge: “The Spratlys and the Paracel islands are not land? Anyway, isn’t it a fact that China is a signatory to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) which she ratified on July 6, 1996 thereby agreeing to be bound by its provisions — and part of which is that anything within 200 miles from the baseline of a country belongs to that country?

Mr. Lee: “China did agree to those provisions at a time when it was not yet aware of the far reaching consequences of UNCLOS to her national interests.”

Judge: “I will not mince my words Mr. Lee. What you mean is that at that time, the world, including China, was not yet aware, that vast deposits of oil and natural gas were to be found within the territorial limits of neighboring countries. Now because of this awareness, even if China knows she is trespassing and violating international law, she is using the coercive might of her size, military or otherwise — to grab these enormous reserves of petrowealth from the territories of her smaller, weaker, poorer neighbors — who badly need these assets to improve the plight of their own people.

Postscript:  In view of all the facts and existing applicable law,  the likelihood  is that the UN court will find China’s petition to be without merit.



Posted Image
Constructions Mecaniques de Normandie - C Sword 90



Offline Profile Quote Post Goto Top
 
gammy322
Member Avatar
Member
[ *  *  * ]
UN arbitral tribunal on PH case vs China meets in Hamburg on jurisdiction
By: Veronica C. Uy, InterAksyon.com
July 10, 2013 4:09 PM


MANILA - The five-member United Nations tribunal that will hear the arbitration case the Philippines sought over its territorial dispute with China is now meeting in Hamburg, where it will decide whether it has jurisdiction over the case, University of the Philippines law professor Atty. Harry Roque said.

Roque, of UP’s Institute of International Legal Studies, said the tribunal would have to “examine its own jurisdiction” over the case that the Philippines filed January this year over China’s objections.



http://www.interaksyon.com/article/66030/un-arbitral-tribunal-on-ph-case-vs-china-meets-in-hamburg-on-jurisdiction
Offline Profile Quote Post Goto Top
 
Mckoyzzz
Member Avatar
Ipsa Scientia Potestas Est
PDFF Mod Group
gammy322
Jul 10 2013, 05:26 PM
UN arbitral tribunal on PH case vs China meets in Hamburg on jurisdiction
By: Veronica C. Uy, InterAksyon.com
July 10, 2013 4:09 PM


MANILA - The five-member United Nations tribunal that will hear the arbitration case the Philippines sought over its territorial dispute with China is now meeting in Hamburg, where it will decide whether it has jurisdiction over the case, University of the Philippines law professor Atty. Harry Roque said.

Roque, of UP’s Institute of International Legal Studies, said the tribunal would have to “examine its own jurisdiction” over the case that the Philippines filed January this year over China’s objections.



http://www.interaksyon.com/article/66030/un-arbitral-tribunal-on-ph-case-vs-china-meets-in-hamburg-on-jurisdiction
the moment of truth...
Posted Image
"Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis"
Offline Profile Quote Post Goto Top
 
gammy322
Member Avatar
Member
[ *  *  * ]
Abangan ang susunod na kabanata....Go Philippines!!! :patrioticpinoy:
Edited by gammy322, Jul 11 2013, 01:01 AM.
Offline Profile Quote Post Goto Top
 
fernandez705
Member
[ *  *  * ]
sir hong you forgot about the mongolian empire :banana: :lollol: now that will shut beijing up.
Offline Profile Quote Post Goto Top
 
raider1011


Finally something that matters. If you're a religious person now is the time to pray.

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

http://www.philstar.com/headlines/2013/07/12/964500/arbitration-process-peaceful-way-solve-maritime-dispute

snipped:
Member-states of the United Nations, through general assembly resolution 37/10, have also declared that arbitration is not an unfriendly act.

European Council President Herman Van Rompuy has acknowledged the Philippines’ decision to resolve territorial maritime issues peacefully and within the framework of international law was the right path to take.






Posted Image
Constructions Mecaniques de Normandie - C Sword 90



Offline Profile Quote Post Goto Top
 
Mckoyzzz
Member Avatar
Ipsa Scientia Potestas Est
PDFF Mod Group
AT LAST!


Quote:
 
UN tribunal gives PH, China until Aug. 5 to comment on draft rules to govern case - DFA
By: InterAksyon.com
July 16, 2013 3:23 PM

MANILA - The Arbitral Tribunal that has been appointed to hear the case brought by the Philippines against China under the United Nations Convention on the Law of the Sea has given the two parties until August 5 to comment on the draft rules that would govern the hearing of the case.

This was contained in a joint statement by the Department of Foreign Affairs and the Office of the Solicitor General released Tuesday announcing that the tribunal was formally constituted July 11 at The Hague.

“The arbitral proceedings are now officially under way,” said the joint announcement.

At its first meeting on July 11, the Arbitral Tribunal approved a draft set of Rules of Procedure to govern the proceedings. In its request for comments on the draft by August 5, the tribunal asked the two countries to propose a schedule for the submission of their written pleadings.

According to the DFA and the OSG, the Philippine government and its Counsel are now studying the draft rules of procedure, and will submit comments and a proposed schedule for the written pleadings as requested by the tribunal.

“The Philippine government is pleased that the Arbitral Tribunal is now formally constituted, and that the arbitration process has begun. The department and the OSG have pledged their fullest cooperation with the tribunal, in order to assure a fair, impartial, and efficient process that produces a final and binding judgment in conformity with international law,” the joint announcement said.

The department said it will issue statements from time to time to keep the public informed about the progress of the arbitration. Information will also be made available to the public on the website of the Permanent Court of Arbitration, www.pca-cpa.org.

The Hague is seat of arbitration

At their first meeting on July 11, the president and members of the tribunal also designated The Hague as the seat of the arbitration and the Permanent Court of Arbitration as the registry for the proceedings.

Both the Philippines and China had previously been requested to submit their views on these two matters, and the Philippines consented to both.

INTERAKSYON


Quote:
 
Arbitral tribunal hearing on PH case vs China kicks off
By Matikas Santos - INQURER.net
3:31 pm | Tuesday, July 16th, 2013

MANILA, Philippines – The arbitral tribunal hearing of the territorial dispute case brought by the Philippines against China has officially begun, the Department of Foreign Affairs (DFA) announced Tuesday.

DFA assistant secretary Raul Hernandez told reporters that a draft set of rules to govern the proceedings has been approved and has been sent to both the Philippines and China for their views.

“The Philippine Government is pleased that the Arbitral Tribunal is now formally constituted, and that the arbitration process has begun,” Hernandez said.

On the first meeting of the Tribunal last July 11, it “approved a draft set of Rules of Procedure to govern the proceedings and sent it to the parties for their comments which were requested by August 5, 2013,” he said.

The Philippines will be represented by lawyer Paul Reichler as lead counsel while the Office of the Solicitor General (OSG) will be headed by the government’s representative.

“The DFA and the OSG have pledged their fullest cooperation with the Tribunal, in order to assure a fair, impartial and efficient process that produces a final and binding judgment in conformity with international law,” Hernandez said.

INQUIRER
Edited by Mckoyzzz, Jul 16 2013, 05:34 PM.
Posted Image
"Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis"
Offline Profile Quote Post Goto Top
 
1 user reading this topic (1 Guest and 0 Anonymous)
Go to Next Page
« Previous Topic · West Philippine Sea · Next Topic »
Add Reply