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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 (50,566 Views)
gammy322
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...cover up the illegal nature of [the] Philippines’ infringement and provocative behavior by the abuse of process against China

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Too sad their egos are now hurting so bad right now and the US supporting the Philippines move against them... :banana:
Edited by Mckoyzzz, May 12 2014, 01:34 PM.
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dewey
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metro aide sweeper

"tarnishing Beijing's international image"?

funny country. they don't need the mighty Philippines to do it. they are doing it themselves. even promoting it so proudly in some Chinese movies. :brrt:
IDI@T!!! COWARD!!!
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Nimrod878
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'Beijing unlikely to establish ADIZ in South China Sea'

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Chinese scholar Wu Shicun, president of Beijng-sponsored National Institute for South China Sea Studies. Nanhai

MANILA, Philippines - China may be using the nine-dotted line to draw the extent of its claim over the disputed South China Sea, but it has yet to establish a legal basis for doing so, says an eminent Chinese scholar.

Wu Shicun, president of state-sponsored center for South China Sea studies in Beijing, belied foreign reports that Beijing will also declare an Air Defense Identification Zone (ADIZ) in what the Philippines calls the West Philippine Sea.

"Chinese authorities haven't defined the nine-dashed line in a legal sense and haven't published the territorial sea baseline for the Nansha (Spratlys) Islands," Wu said in a column on Beijing-run English daily The Global Times on Tuesday.

"It requires comprehensive legal and technological preparations to establish an ADIZ in the South China Sea, which is much more complicated than doing so in the East China Sea. Even if all obstacles are eliminated, China will not necessarily take this course in the South China Sea," Wu said.


link
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Hong Nam
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Bought by China

Nimrod878
Apr 6 2014, 10:06 PM
'Beijing unlikely to establish ADIZ in South China Sea'

"It requires comprehensive legal and technological preparations to establish an ADIZ in the South China Sea, which is much more complicated than doing so in the East China Sea. Even if all obstacles are eliminated, China will not necessarily take this course in the South China Sea," Wu said.


link
Are you believe this? Since when has Beijing ever submitted themselves to international law and its decisions?

Thus, his rationale doesn't hold much water.



I still recall those "fishermen's shelter" on Mischief Reef. I'm sure you all do.

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Hong Nam
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Bought by China

http://www.pca-cpa.org/showpage.asp?pag_id=1529


Permanent Court of Arbitration

The Republic of the Philippines v. The People's Republic of China


On 22 January 2013, the Republic of the Philippines instituted arbitral proceedings against the People's Republic of China under Annex VII to the United Nations Convention on the Law of the Sea (the “Convention”), "with respect to the dispute with China over the maritime jurisdiction of the Philippines in the West Philippine Sea." On 19 February 2013, China presented a Note Verbale to the Philippines in which it described "the Position of China on the South China Sea issues," and rejected and returned the Philippines' Notification. The Permanent Court of Arbitration acts as Registry in this arbitration.


China has not appointed an agent. In a Note Verbale to the PCA on 1 August 2013, China reiterated "its position that it does not accept the arbitration initiated by the Philippines."



Permanent Court of Arbitration









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Hong Nam
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China, US, Japan React to Philippines' UNCLOS Case
By Shannon Tiezzi
April 04, 2014


The Permanent Court of Arbitration has established an official webpage for the case of "The Republic of the Philippines v. The People's Republic of China" - the arbitration case the Philippines has brought to challenge China's nine-dash line claim in the South China Sea. The page confirms that China has not appointed any agents to represent it in the case, but has maintained "its position that it does not accept the arbitration initiated by the Philippines."

To make clear its displeasure over the move, China summoned the Philippine Ambassador to express its displeasure with the case. According to a Foreign Ministry Spokesman, Vice Foreign Minister Liu Zhenmin told the Philippine Ambassador that "The Philippines' action of forcing through the international arbitration will not help solve the South China Sea disputes between China and the Philippines, [and] will not change the fact that China owns sovereignty over the Nansha Islands and their adjacent waters."

Japan and the U.S., meanwhile, both offered support for the Philippines - unsurprisingly, as the U.S. and Philippines and allies, and Japan has its own concerns over Chinese territorial claims. In a regular press conference, U.S. State Department Deputy Spokesperon Marie Harf said that "The United States reaffirms its support for the exercise of peaceful means to resolve maritime disputes without fear of any form of retaliation, including intimidation or coercion. We hope that this case serves to provide greater legal certainty and compliance with the international law of the sea."

In Japan, a statement from the Ministry of Foreign Affairs Press Secretary announced that "The Government of Japan supports the Philippines' use of procedures under the United Nations Convention on the Law of the Sea aiming at peaceful settlement of disputes on the basis of international law, as such an action contributes to the maintenance and enhancement of the international order in the region based on the rule of law."



The Diplomat






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Hong Nam
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So How is China Reacting to the Philippines Arbitration Submission? Not Very Well
by Julian Ku


China has not been quiet in reacting to the Philippines filing Sunday of its memorial in the UNCLOS South China Sea arbitration. The People's Daily has released a full-scale defense of China's legal and policy position. The heart of China's argument is that this whole Philippines dispute is about sovereignty over the Nansha Islands, parts of which the Philippines is illegally occupying.



"As is known to all, the islands in the South China Sea, including the Nansha Islands, have been China's territory since ancient times. After the end of World War II, acting in accordance with a series of postwar international documents, the Chinese government recovered these islands and reefs from the Japanese aggressors in 1946. For a long period of time after WWII, countries, including the Philippines, all recognized or raised no objection to China's sovereignty over the islands and reefs in the South China Sea."

+ While it is true that the defeat of Japan meant all territory conquered by Japan from China reverted to China, what exactly was conquered by Japan from China remains very hotly disputed.
+ While Japan occupied the Nansha Islands during the war, it was far from clear that China controlled or owned those islands prior to the Japanese occupation.
+ Indeed, it is hardly "known to all" that the islands in the South China Sea have been Chinese territory since ancient times.



"The Philippines has gone out of its way to try to drag China into the arbitration process. Taking advantage of the deficiencies of relevant UNCLOS mechanisms, it has tried to manipulate the composition of the Arbitral Tribunal and the Rules of Procedure in an attempt to make things difficult for China. By unilaterally filing an international arbitration on the South China Sea disputes, the Philippines has not only violated international law including UNCLOS, but also denied the basic historical facts. It has both gone against international justice and breached the basic norms governing international relations. The Chinese government's position of neither accepting nor participating in the related arbitration is both justified and based on solid legal ground."

+ There is no evidence the Philippines has tried to manipulate the composition of the Arbitral Tribunal. China never even nominated any arbiter even though it had a right to nominate two. Moreover, when a country files an arbitration claim, it has not "violated international law" if the tribunal later rules that it has no jurisdiction to hear the claim.
+ While it is true that China has every right to not participate in the arbitration, it is also bound by UNCLOS to accept whatever decision the arbitral tribunal makes about its own jurisdiction.
+ Neither the Philippines nor China has violated any international laws yet. China does not have to appear, but its stated intention to refuse to implement any order by the tribunal would constitute a plain violation of UNCLOS. At that point, it would be China, not the Philippines, that would have violated the treaty obligation.




The People's Daily editorial doesn't mention the elephant in the room: China's controversial Nine Dash Line claim that encompasses most of the South China Sea. Neither the editorial nor the foreign ministry mentions the Nine Dash Line or provides any defense of it on the merits or even for why it should not be included in the jurisdiction of the tribunal.

This omission is telling. If China did not have the Nine Dash Line claim, both its legal and political position in the South China Sea, would be much stronger. But as long as China maintains this claim, it risks serious blowback in the region.



Opinio Juris



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Ayoshi
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Phl chose right course in sea row (philstar.com)
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The Philippines may face repercussions for bringing its territorial dispute with China before an international court but complacency may be costlier, US-based think tank Center for Strategic and International Studies (CSIS) said in a report.

Gregory Poling of the CSIS in Washington said the submission of the memorial or written argument on the Philippines’ position to the arbitral tribunal in The Hague on March 30 “marks a bold step by Manila and one that Beijing seems to have believed never would actually happen.”

The nearly 4,000-page memorial explains in detail the Philippines’ arguments and evidence against China’s nine-dash line and other aspects of Beijing’s expansive and excessive South China Sea claims.

“Manila is paying a cost for its case, but it has correctly determined that the cost of complacency would be higher,” he said.

“The Philippines chose the right course. Now the international community must weigh in and convince China of that fact,” Poling said in a commentary.
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PinoyAko
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DFA: UN tribunal cannot enforce ruling on China sea row

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Speaking to ANC's Headstart, DFA Spokesman Charles Jose said whatever decision the tribunal may reach, it will be both legally binding to the Philippines and China since both nations are signatories to the United Nations Convention on the Law of the Seas (UNCLOS).

"Although, as many people [have] observed, the tribunal has no power to enforce its ruling," Jose admitted.

http://www.philstar.com/headlines/2014/04/10/1311005/dfa-un-tribunal-cannot-enforce-ruling-china-sea-row
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Hong Nam
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PinoyAko
Apr 10 2014, 11:59 AM
DFA: UN tribunal cannot enforce ruling on China sea row

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Speaking to ANC's Headstart, DFA Spokesman Charles Jose said whatever decision the tribunal may reach, it will be both legally binding to the Philippines and China since both nations are signatories to the United Nations Convention on the Law of the Seas (UNCLOS).

"Although, as many people [have] observed, the tribunal has no power to enforce its ruling," Jose admitted.

http://www.philstar.com/headlines/2014/04/10/1311005/dfa-un-tribunal-cannot-enforce-ruling-china-sea-row

That's to be expected. It only gives you the moral and legal high ground. - Which means a lot in itself. - Chinese might doesn't mean they are right. The rule of law is what matters here.

Expecting the UNCLOS to enforce whatever is decided would be "wishing for the stars".



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