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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 (50,565 Views) | |
| Hong Nam | Apr 11 2014, 01:06 PM Post #321 |
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Bought by China
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Can't force China to comply - Palace "The country's main purpose in filing the case is to prove that its claim to certain territories in the South China Sea is sanctioned by the UN Convention on the Law of the Sea (UNCLOS), and not to enforce compliance from China." - Herminio Coloma Jr., Communications Secretary Inquirer |
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| Hong Nam | Apr 11 2014, 05:07 PM Post #322 |
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Bought by China
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When is a rock in the Pacific not a rock? By Keith Johnson Foreign Policy Published: April 10, 2014 WASHINGTON - A diplomatic standoff between China and the Philippines that flared up two years ago in a dispute over fishing rights at a tiny shoal in the South China Sea is coming to a head after Manila decided to ignore Chinese threats and sue Beijing in an international tribunal. The legal case marks the first time that an arbitration panel will examine China's contentious, and oft-disputed, claims to most of the South China Sea. If the tribunal rules against the Philippine claim, then the stakes in the battle for those specks of land would be much higher: whichever side eventually has its claims to the specks recognized by international law would be able to lay claim to vast areas potentially rich in resources. If Beijing loses the case, it will have to choose whether to abide by an international court or ignore its ruling and claim those seas anyway. Much of the world is watching. But other countries in Southeast Asia who have their own territorial disputes with China have stayed quiet so far. Many scholars, though, think that China's claims are essentially bunk. The Law of the Sea Convention, which China signed and ratified, abolished the idea of historical claims as a way to determine maritime rights. Experts worry that the lawsuit will prompt Beijing to take an even more aggressive stance in a bid to cow Manila. "The rhetoric is becoming more shrill, and it's designed to dial up the pressure on the Philippines. In my mind, it's to threaten the use of force to change the dynamics in the negotiations between the two sides." - Peter Dutton, U.S. Naval War College. Manila's quest for legal satisfaction in The Hague is an uphill struggle. The arbitration panel can't impose a settlement, and relies on the acquiescence of both parties to implement any ruling; China has made clear it will not cooperate. But in the court of public opinion, a Philippine victory sometime next year would make it much easier for Manila and Southeast Asian nations to push back against what they see as Chinese encroachment. Given China's interests in ensuring free navigation in more distant waters such as the Indian and Arctic oceans, the case may force it to rethink its strategy. At some point China will have to choose either to fight for regional control, or global freedom of the seas. Stars and Stripes |
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| Pninety8 | Apr 11 2014, 11:27 PM Post #323 |
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^ This is another well-written article that states the importance of our UNCLOS case. From our gov't perspective, much is dependent on its success. Legally we have a very strong case; I am somehow sure we will win it. But I personally hope that our govt does not just rely on this UN case alone in securing the WPS, because it can't, as the article states. For this article also strongly supports my personal assesment that a naval skirmish in the WPS is bound to happen sooner or later. For it would be naive for any one, especially us Filipinos, to think that this dispute will be resolve without any single act of violence. China wont back off for it has already heavily invested in this pursuit, only to change course later; doing so would appear to be act of weakness on their part, which they cant readily accept. Right now, China has the Philippines already in the middle of its gunsite; their fingers are on the trigger, getting itchy by the minute. China just cant believe that a puny nation like ours is pushing back and accumulating points in world opinion. We are just an unnecessary roadblock in their march for national grandeur. China will grow impatient, especially since they believed that they have been ultra-patient for a long time, Confucious-style. They will eventually miscalculate. And this miscalculation, a deliberate one I might add, can happen in the very next WPS standoff (maybe not in Ayungin, it is 'secured', or until that grounded, WWII rust bucket disintegrates), especially if our govt is determined to win this next standoff after losing Mischief reef and Scarborough shoal already. China will fire the first shot, thinking it us just sending a small message, smaller than what they sent against Vietnam and India before. And then, all hell will break loss, even if just briefly. And I hope our armed forces are prepared. For this skirmish will be brief but costly and deadly; we will lose ships and men if we arent prepared. But we can be prepared, if we are just smart and resourceful and determined enough. Edited by Pninety8, Apr 11 2014, 11:31 PM.
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| Hong Nam | Apr 16 2014, 12:27 AM Post #324 |
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Bought by China
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Why Beijing should let international law reign in South China Sea Ziad Haider - Foreign Policy April 15, 2014 The legal wrangling started in January 2013, when the Philippines notified China of its intent to bring a challenge under the UN Convention on the Law of the Sea (UNCLOS) and argued then that China's so-called nine-dash line, which encompasses virtually the entire South China Sea, was unlawful and contrary to UNCLOS. China's response was to reject the Philippines' notification letter altogether, noting Beijing had opted out of UNCLOS procedures for settling disputes that involve sovereignty claims or maritime boundaries. Beijing must now take a clear and hard look at the merits of abstaining any further. While it may have a legal basis to abstain, acting on it could be strategically short-sighted. Given Beijing's assertions that its nine-dash line is grounded in international law, a greater show of confidence would be to defend its position before a neutral tribunal. China's willingness to abide by international norms would not only telegraph confidence, but could help offset the growing anxiety generated by its military modernisation and manoeuvrings among neighbours who fear the Beijing doctrine may be veering toward realpolitik. Nationalist public sentiment stoked by Beijing may have painted China into a corner. With its Foreign Minister stating that China will never accede to "unreasonable demands from smaller countries" in the South China Sea, its Defence Minister stating that China will make "no compromise, no concessions", and official media outlets wading in with criticism of the Philippines' "unilateral" actions in filing its Memorial, it will be that much harder to backtrack. Manila's lawyers have staked out important legal ground in the South China Sea. Beijing should consider meeting them there. The Nation |
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| Hong Nam | Apr 18 2014, 07:11 PM Post #325 |
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Bought by China
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High stakes for Philippines in its legal fight with China Raul Dancel The Straits Times Publication Date : 17-04-2014 As far as diplomatic gambits go, the stakes don't get any higher than the Philippines' decision to challenge China's contentious South China Sea territorial claims at a United Nations tribunal. The legal wrangling surrounding the case is expected to play out for at least two years. But what is immediately clear is that the Philippines cannot afford to lose this one because the consequences could be severe. If the arbitration court rules in favour of China... - The Philippines will effectively lose half its maritime territories. - Deny Manila opportunities to explore for oil and natural gas in a region that could hold plenty of both. - Diminish the legal grounds on which the claims of Vietnam, Malaysia and Brunei stand. - This may give China leverage to push deeper into waters that straddle the borders of these countries. Even a ruling in Manila's favour will not be without consequences... - China can also put the squeeze on more than 166,000 Filipino maids in Hong Kong. It can trim their numbers or restrict the remittances they send home, which last year rose to US$555 million from $420 million in 2012. China can inflict more pain in another area: trade... - The Philippines exported over $6.58 billion worth of goods to China last year - The Philippines exported another $4.42 billion to Hong Kong. - Combined, that's nearly as much as the Philippines exports to Japan. In short, win, lose or draw, Manila could pay a high price for this legal challenge to Beijing. Still, China, too, cannot think it can emerge from this episode unscathed. For one thing, it has its own economic stakes... - The Philippines imports more raw materials from China than any other country: $8 billion worth last year. - China would not want to push Manila deeper into Washington's arms. Then there is China's Asian foil, Japan... - Which can mitigate some of the economic pain Beijing may rain down on the Philippines. - And like the US, Japan can supply the Philippines with enough military hardware for a more credible defense of its borders. The arbitration case now pending in The Hague will surely be a messy affair between the Philippines and China. Yet, in the end, it may lead to some advantages for the rest of the world... - It will, at least, force Beijing to show - rather than merely tell - the world what kind of great power it wants to be. - For starters, its push for freedom of navigation in the Indian and Arctic will be met with greater suspicion. - Regional partners may think twice about deepening cooperation with a giant neighbour that disregards international law. China must accept that not all disputes can be settled bilaterally, that the world operates on a set of rules, enforced by courts that are not bound by national borders, and that these rules are not malleable because they are meant to ensure that all nations, regardless of their might, will be able to partake of the world's bounties. For that alone, the Philippines' bold and costly move may be worth taking. Asia News Network |
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| Maverick 13330 | Apr 18 2014, 08:31 PM Post #326 |
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RAUL DANCEL.. A filipino who now work and live in Singapore finally showed his true color. The Guy made a controversy last month on his written article in PDI. http://globalnation.inquirer.net/101240/back-home-in-manila-and-feeling-out-of-place-2 Edited by Mckoyzzz, May 12 2014, 01:33 PM.
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| Hong Nam | Apr 18 2014, 08:54 PM Post #327 |
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Bought by China
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Perhaps... but didn't you read the last few paragraphs or even the last sentence in bold? And if you don't approve of his writing... this article in itself and feeling out of place in his own country doesn't make him a traitor. A traitor is one who commits treason. trea·son [tree-zuhn] noun 1. the offense of acting to overthrow one's government or to harm or kill its sovereign. 2. a violation of allegiance to one's sovereign or to one's state. 3. the betrayal of a trust or confidence; breach of faith; treachery. Edited by Mckoyzzz, Apr 19 2014, 04:01 PM.
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| Bastion | Apr 18 2014, 11:32 PM Post #328 |
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Trainee
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This Raul Dancel character might not be a traitor technically, but after reading his Inquirer article, he is obviously is not a pinoy loving filipino, and he is not alone, I have heard a lot of filipinos who migrated in the U.S. who talk this way, a filipino who has lost faith in his countrymen. he simply compares us to Singapore, a tiny strategically located country with small population molded by the British who were already a very advanced democracy and an experienced world business player. If Raul is really convinced that the Singaporeans are so gifted compared to us lowly Filipinos, Then maybe he should enlighten us on the islands greatness before the British came in. if my history is accurate, it was a Malay City in the 13th century and was destroyed by the Javanese on the 14th century, and for 400 pitiful years it was not able to rehabilitate itself. It took a British firm, the East India Company to save its sorry behind. So Mr. Raul Dancel, please could you point to us lowly filipinos, your islanders greatness. |
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| Hong Nam | Apr 19 2014, 12:58 AM Post #329 |
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Bought by China
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Let's stoke the embers some more.
Edited by Hong Nam, Apr 19 2014, 01:01 AM.
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| Hong Nam | Apr 19 2014, 04:15 AM Post #330 |
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Way off topic here... Besides, he is Filipino, and I think is still a citizen of your country. - Blame him - But he certainly isn't a traitor nor is he "technically" a traitor. Why take the heat on Singapore? Am I to believe that if someone praises the USA and compares living there to your country, you would bring up that country's glorious past as well? Now let's get back to topic.
Edited by Hong Nam, Apr 19 2014, 04:17 AM.
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8:32 AM Jul 11