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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 (50,568 Views)
MSantor
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Let's see if assistance from the Philippines' ASEAN members will actually help its case...

Interakyson

Quote:
 


Make Malaysia, Vietnam allies to bolster PH case vs China - Solgen


By: Lira Dalangin-Fernandez, InterAksyon.com
February 27, 2014 10:14 PM

MANILA, Philippines -- Having Malaysia and Vietnam on the side of the Philippines in its case against China's nine-dash line territorial claim over the whole of South China Sea could bolster the country's diplomatic protest lodged before the arbitral tribunal, the country's top government lawyer said.

"I'm not aware of the specific efforts of the Department of Foreign Affairs, but my understanding is we've been trying our best to convince our neighbors to join our case," Solicitor General Francis Jardeleza on Thursday told reporters at the sidelines of a roundtable discussion on the West Philippine Sea Arbitration at the University of the Philippines in Diliman, Quezon City.

"It will not be fatal if they're not there, but it will be useful to have friends join our case," Jardeleza said.

In May 2009, Malaysia and Vietnam filed their protest before the United Nations against China, which has been using the nine-dash claim, a sweeping arc covering 90 percent of the entire South China Sea reaching into the coastal provinces of other claimants.

(EDITED)

"If you think you can do a thing or think you can't do a thing, you're right." - Henry Ford

"Courage is going from failure to failure without losing enthusiasm."
- Winston Churchill


"If everyone is thinking alike, someone isn't thinking"- Gen. George S. Patton
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THE_NEWS_MAN
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[ *  *  * ]
Gazmin: PH to pursue 'white on white' response vs China


MANILA - Defense Secretary Voltaire Gazmin said the government will take a calibrated approach in the Scarborough Shoal via a “white on white response.”

If the Chinese Coast Guard continues to harass Filipino fishermen, then "our response should be calibrated where we will have the Philippine Coast Guard (sail) so as to maintain White on White response and not heighten the tension,” he said.

White is the color of civilian law enforcement ships.

The Armed Forces earlier said the incident last January 27 at the disputed shoal does not merit a military response. Sending Navy ships would just heighten the tension there, it said.

Philippine Coast Guard commandant Vice Admiral Rodolfo Isorena earlier said the country’s Coast Guard ships will proceed there if given the green light.

Gazmin said the issue could best be resolved via a diplomatic protest.

He said the government will still continue to pursue peaceful means.

China gained control of the shoal following a standoff in April 2012.

Two Philippine Coast Guard ships then left in July 2012 because of inclement weather.

China, however, remained in control of the shoal.


hmmmm
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Ayoshi
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PH readies 'convincing evidence' vs China (rappler.com)
03/25/2014
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No escape for China

The memorial, after all, should come with “all documentary, witness, expert, and other evidence” that the Philippines intends to rely on, according to the Rules of Procedure set by the designated arbitral tribunal supported by the United Nations.

It should also have as attachments the “legal authorities (such as treaties, laws, decrees, or judicial decisions) cited in their submissions.”




YouTube: PH readies 'convincing evidence' vs China
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gammy322
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Philippines to challenge China sea claim before UN
(Vera Files) | Updated March 27, 2014 - 4:27pm
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MANILA, Philippines - Despite Chinese requests to delay it, the Philippines is filing on March 30 its memorandum challenging before the United Nations China’s territorial claims over the South China Sea.

The memorandum, called a Memorial in international law, will be filed with the Arbitral Tribunal of the United Nations Convention on the Law of the Sea (UNCLOS) at The Hague in the Netherlands, contesting China’s 9-dash line territorial rule.

Under the 9-dash line rule, China claims almost the whole of the South China Sea as part of its territory, but the Philippines and three other Southeast Asian nations are staking various claims to parts of the area.

Sources said the Chinese government had asked President Aquino through back channels to wait a little longer before filing the Memorial.

A delay in the filing would be seen as an indication of Philippine willingness to improve ties with China, a source quoted a Chinese official as saying.


http://www.philstar.com/headlines/2014/03/27/1305763/philippines-challenge-china-sea-claim-un

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Ayoshi
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Philippines ignores China request to delay filing of Memorial vs 9-dash line (abs-cbnnews.com)
Quote:
 
Sources said the Chinese government had asked President Aquino through back channels to wait a little longer before filing the Memorial.

A delay in the filing would be seen as an indication of Philippine willingness to improve ties with China, a source quoted a Chinese official as saying.
<snipped>
The source said China considers the suit, filed in January 2013, as an obstacle to improving its ties with the Philippines.

“We don’t expect the Philippines to withdraw the suit because we understand that national pride is at stake,” a Chinese official reportedly told counterparts in the Philippines, the source said. “But we hope you can delay it.”

The Chinese official reportedly added, “In our culture, bringing someone to court is like assaulting him.
Edited by Ayoshi, Mar 28 2014, 09:02 AM.
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pachador


the request by the bully to delay the case will destroy our integrity with unclos if we agree with the bully's request so that if in the future we will re-file the case, they may not be sympathetic. its like the kid who cried wolf. Secondly, we simply do not have any guarantee that the bull will no come back. thirdly, any withdrawal by the bullly is just a temporary tactic since their laws has already stated that the whole sea and area is theirs so unless they revoke those laws, and lastly, this bully tactic is a very old classical tactic that they have used time and again. they are very clever, time and again in our history, our forgiving nature has led outsiders to abuse and exploit us, and finally, we have tried diplomatic channels since the mischief reef crisis in 1995 to no avail so bringing the dispute to unclos is the final and last peaceful means to solve the issue peacefully, after the unclos ruling, if they resort to aggressive actions in areas that unclos has ruled is ours then the whole world's anger will be upon the bully.


ayoshi
Mar 28 2014, 09:01 AM
Philippines ignores China request to delay filing of Memorial vs 9-dash line (abs-cbnnews.com)
Quote:
 
Sources said the Chinese government had asked President Aquino through back channels to wait a little longer before filing the Memorial.

A delay in the filing would be seen as an indication of Philippine willingness to improve ties with China, a source quoted a Chinese official as saying.
<snipped>
The source said China considers the suit, filed in January 2013, as an obstacle to improving its ties with the Philippines.

“We don’t expect the Philippines to withdraw the suit because we understand that national pride is at stake,” a Chinese official reportedly told counterparts in the Philippines, the source said. “But we hope you can delay it.”

The Chinese official reportedly added, “In our culture, bringing someone to court is like assaulting him.

Edited by pachador, Mar 28 2014, 03:09 PM.
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icefrog
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Philippines presses ahead with UN case, challenges Beijing's claim over South China Sea

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(UPDATE2: 4:08 PM) MANILA - The Philippines pushed ahead Sunday with a case in the United Nations challenging Beijing's claim to most of the South China Sea, a day after a dramatic stand-off with the Asian giant's coastguard. Despite the uncertainty that Beijing would submit to the UN tribunal's jurisdiction, Manila pursued the case in a determined search "not just [for] any kind of resolution but a just and durable solution grounded on International Law," Foreign Affairs Secretary Albert del Rosario explained.

The DFA chief announced that Manila filed a formal plea before the UN arbitration tribunal, despite Chinese warnings of a fallout in bilateral relations.

In a statement posted on the national government website, del Rosario said:

"The Philippines will follow the guidance of the Arbitral Tribunal in regard to the publication of the Memorial. In the meantime, out of respect for the Tribunal and the arbitral process, it is obliged to preserve confidentiality. With firm conviction, the ultimate purpose of the Memorial is our national interest. It is about defending what is legitimately ours. It is about securing our children’s future. It is about guaranteeing freedom of navigation for all nations. It is about helping to preserve regional peace, security, and stability. And finally, it is about seeking not just any kind of resolution but a just and durable solution grounded on International Law."

Del Rosario would not speculate on Beijing's response, but said that "ordinarily, the next step in an arbitration of this nature would be the filing of a Counter-Memorial by the other Party. However, it is currently unknown whether China will appear in the case, or whether it will continue its present policy of abstaining from the proceedings." The DFA sectretary added that "under the Rules of Procedure, the Arbitral Tribunal will decide on next steps and advise the Parties."


http://www.interaksyon.com/article/83766/philippines-presses-ahead-with-un-case-challenges-beijings-claim-over-south-china-sea
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Ayoshi
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China rejects PH case, invokes int'l law (rappler.com)
3/31/2014
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“No matter how the Philippine memorial is packaged, the direct cause of the dispute between China and the Philippines is the latter's illegal occupation of some of China's islands and reefs in the South China Sea,” Chinese Foreign Ministry spokesman Hong Lei said in a statement hours after the Philippines filed the pleading.

“At the heart of the matter are the disputes between the two sides on the sovereignty over islands and reefs, and delimitation of maritime boundaries. Yet disputes such as these have already been excluded from arbitration procedures through a declaration made by China in 2006 pursuant to the UN Convention on the Law of the Sea (UNCLOS),” Hong said.

He added, “In this context, China's rejection of the Philippines' submission for arbitration is solidly based on international law, and China's lawful rights as a party to UNCLOS should be truly respected.”

In striving to prove it is not an international outlaw, China, in sum, raised two points:

The disputes involve land, which is not covered by UNCLOS; and

The disputes involve the delimitation of maritime boundaries, over which it rejected arbitral proceedings in a declaration under UNCLOS in 2006

Edited by Ayoshi, Mar 31 2014, 12:35 PM.
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Hong Nam
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Bought by China

https://www.dfa.gov.ph/index.php/component/content/article/125-wps-newsletter/178-the-west-philippine-sea-arbitration

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Hong Nam
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Bought by China

The Philippines' UNCLOS Claim and the PR Battle Against China

Manila submitting its disputes with China to UNCLOS arbitration is part of a larger battle for international opinion.


"With firm conviction, the ultimate purpose of the Memorial is our national interest. It is about defending what is legitimately ours. It is about securing our children’s future. It is about guaranteeing freedom of navigation for all nations. It is about helping to preserve regional peace, security and stability. And finally, it is about seeking not just any kind of resolution but a just and durable solution grounded on International Law." - Philippine Secretary of Foreign Affairs Albert del Rosario


Few have noticed that the Philippines is also attempting to defend its territorial dispute in the court of public opinion. The move to file a request for arbitration in UNCLOS is part of this gambit. Thus, Rosario’s final statement on the arbitration, while it acknowledges the paramount importance of the Philippines’ “national interest,” also seeks to claim the moral high ground by painting the case as a milestone in regional security and international law. By filing such a case, Manila not only hopes to win a favorable ruling, but wants to paint itself as a positive force in the region.

Philippine leaders knew that China would not participate in the arbitration process by submitting a counter-claim, making a Philippine victory much more likely. While such a ruling would do nothing to change the situation on the ground, it would be a PR victory for the Philippines, allowing Manila to claim its position is internationally sanctioned.


The Diplomat








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