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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 (50,564 Views) | |
| Bastion | Apr 19 2014, 02:30 PM Post #331 |
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Trainee
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About Mr. Shen Digli and his giant smile. If we are suppose to believe everything you wrote about the case of the Philippines against china and how telling history is regarding your so called sovereignty. why is it, that your diplomats have been acting like kids in tears hesitantly lining up for circumcision when our doorstep invading country took our case to UNCLOS. |
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| Mckoyzzz | Apr 19 2014, 04:02 PM Post #332 |
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Ipsa Scientia Potestas Est
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Out of topic posts had been deleted. |
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| Lyndon | Apr 21 2014, 12:28 AM Post #333 |
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Shen dingli did nit said about tomas cloma claiming freedomland, when phil navy put markers on the islands, there was no opposition met. |
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| Hong Nam | Apr 21 2014, 10:32 PM Post #334 |
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Bought by China
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China has a sitting judge in ITLOS, who wrote legal article on 9-dash line - veteran China watcher Ernie Reyes April 21, 2014 6:58 PM MANILA - A Chinese legal scholar, who wrote an article about the 9-dash line published by the American Journal of International Law (AJIL), is a sitting judge in the International Tribunal on the Law of the Sea (ITLOS) where the Philippines has filed a complaint against China's "excessive claim" in the South China Sea. Chito Sta. Romana, the former Beijing bureau chief of ABC News, and an Emmy award-winning journalist who lived in China for 39 years, noted this at the Tapatan media forum at Aristocrat Restaurant in Manila on Monday. Sta. Romana said that Professor Zhiguo Gao is a sitting judge in ITLOS but not a member of an ad-hoc tribunal created to hear the Philippine memorial against China, who wrote a legal article about the 9-dash line which could be used to "understand" China's position in its maritime row with the Philippines. China has a legal adviser, Stefan Colman of the University of Bonne, who came out with a book, together with the Chinese legal scholars, seen as a legal brief against the Philippine memorial filed before ITLOS. Understanding 9-dash line Since China is not participating in the arbitration and is not explaining its position against the Philippine memorial submitted last March 30, the 5-man ad hoc tribunal will rely on the legal articles written by international legal luminaries such as Gao and Colman. China's legal brief The essay written by Colman is a 280-page anthology of essays which could be used by ITLOS arbitrators as a reference book since it cannot get the official Chinese position on the maritime row. Professor Gao's article concludes that the 9-dash line is a claim to the islands, the reefs, and the insular, the land, the adjacent water, the 12-mile, the entitlement under UNCLOS and the 200-mile Exclusive Economic Zone (EEC). "It is not a claim to all the waters, that is what he is saying, that is not a territorial claim to the waters that is an important position. But, it is not the official position of the Chinese government; the Chinese government position is still vague, they have not explicitly said the meaning of 9-dash line although we know the 9-dash line has no coordinates. The Philippine case hinges on the interpretation that the 9-dash line is a territorial and maritime border claim; in other words, if you go into this, it is already Chinese territory," Sta. Romana said. China has no explicit position Although the Chinese government has not explicitly stated their position, the naval and maritime units of China are behaving as if they are claiming the waters, Sta. Romana said. "So, the point here is that you have one interpretation of this Chinese ITLOS judge, but the Chinese government has not yet officially adopted this position. The Chinese government is now being forced to explain it and whether it is going to adopt this moderate article, or whether declare coordinates and declare a hardline position remains to be seen," he said. the Chinese are trying to make their case in the international legal community by allowing Gao and Colman to outline their legal case against the Philippines. "The Chinese government will not take this case sitting down because they are accusing the Philippines rightly or wrongly, of using this case to claim position of island that Chinese think are theirs. Definitely, they are trying to show that the tribunal has no jurisdiction or even the Tribunal will accept the Philippine case is defective both in law and in fact. The Philippines though, I think will try fight out this case legally," he added. PH's lookout He said the Philippines side has already read the articles written by the two legal luminaries, but should still be aware of the arguments presented by the Chinese ITLOS judge and the German scholar in their legal articles. Basically, the legal documents written by Gao and Cullman outline Chinese position and what the arbitrators are confronted with. "So, it is incumbent upon us to be able to, not only to meet them head on but defeat the argument with the best legal arguments. Expect China to do everything they can to influence the outcome of the arbitration. Although they are not participating inside the Court, they are engaged in a legal warfare outside the Court," he added. Interaksyon |
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| Hong Nam | Apr 29 2014, 03:13 PM Post #335 |
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Bought by China
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Dismounting China from the South China Sea Michael Daniels and Christopher Kuchma April 26, 2014 China's growing energy needs and overlapping territorial claims place its energy security on a collision course with its smaller, weaker neighbors Historic lens China backs its South China Sea claims through a Chinese map produced in 1947, Chinese Foreign Minister Zhou Enlai's 1951 statement, and the discovery of the Belitung Wreck in 1998. Please make your own opinions regarding the legitimacy of a map created in 1947 citing a historical claim. Minister Zhou's statement denounced the San Francisco Peace Treaty - as China was not invited - and further declared Chinese ownership of the Spratly, Paracel, and Pratas Islands. Furthermore, Beijing portrayed the Belitung Wreck as "[Tang Dynasty] artifacts at the bottom of [Indonesian coastal waters]," however failed to mention that the dhow (a lateen-rigged ship with one or two masts) was not a "Chinese vessel that had a seafaring purpose in the region," but is instead debated to have been an Arabian or Indian ship. Even if it was a Chinese trade ship, a sunken vessel possibly lost at sea doesn't really pass the legitimacy test for a territorial claim. Legal lens In addition to questionable historical interpretations, China tries to strengthen its claims with outdated legal decisions. In 2010 and again in 2013, China attempted to gain ownership of up to two-thirds of Okinawa's continental shelf by arguing Okinawa was a former Chinese vassal state and cited the 1969 North Sea Continental Shelf Case ruling to strengthen its cause. However, this form of coastal delineation was superseded by the 1973 to 1982 drafting of the United Nations Convention on the Law of the Sea (UNCLOS), which replaced the natural prolongation argument with the 200 nautical mile exclusive economic zone (EEZ) - as demonstrated in 1982 (Libya v. Tunisia) and again upheld in 1985 (Malta v. Libya). Additionally, Article 12 of UNCLOS defines islets as land masses incapable of sustaining life and therefore ineligible for EEZ status. Without this EEZ status, they cannot be used by Beijing (or any other country) to create a maritime boundary, such as Beijing's Nine-Dash Line. However, when we look at the Philippines' and other countries' disputes with China, we start to see some legitimacy of ownership. For example - the obvious distance factor aside - some countries have had prior habitation on the islets, whereas China has not. Ways forward Beijing's branding of the South China Sea as one of its "core interests" will only compound matters. Previous "core interests" include Taiwan, Tibet, and the former East Turkmenistan and generally means China will refuse to negotiate where they would need to concede territory; use force to protect their interests; and impose a regional order - an obviously bleak picture. Moreover, China's modus operandi for dealing with territorial claims is a 3-pronged approach; which includes delays in dispute resolution, consolidation of claims, and preventing the opposing country from strengthening their claims. To many Asia-Pacific observers, Beijing's heavy-handed approach is reminiscent of the "middle kingdom," a time in China's imperialistic past when rulers, emboldened by the "mandate of heaven," threatened and subdued all non-Chinese nations if they failed to pay tribute or showed deference. China is viewed as the neighbor on the street who tries to own your yard, your driveway, and your mailbox, but allows you to keep your house. Rappler Edited by Hong Nam, Apr 29 2014, 03:14 PM.
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| gammy322 | Apr 29 2014, 04:44 PM Post #336 |
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China is viewed as the neighbor on the street who tries to own your yard, your driveway, and your mailbox, but allows you to keep your house. so therefore it is good if you own a hand gun in your house rather than a sling shot...AFP MODERNIZATION NEEDS TO BE FAST TRACKED!
Edited by gammy322, Apr 29 2014, 04:47 PM.
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| Uruzu | Apr 29 2014, 06:44 PM Post #337 |
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Going a bit OT , but from what I've seen in online chats, mainland Chinese citizens often refer to their country as ''天朝'' . literally meaning ''dynasty from the sky'' or ''dynasty from Heaven''. Such arrogance. |
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| Hong Nam | Apr 30 2014, 12:38 AM Post #338 |
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Bought by China
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That's the 50 cent brigade for you. Wouldn't be surprised if they are here. Edited by Hong Nam, Apr 30 2014, 12:42 AM.
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| Hong Nam | May 4 2014, 02:05 AM Post #339 |
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Bought by China
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China didn't know where the Spratlys were By John Nery Philippine Daily Inquirer Tuesday, April 29th, 2014 In 1933, the French flexed their colonial muscles and annexed nine of the Spratly Islands. When the news spread, the fledgling and troubled Chinese republic faced a basic problem: It didn't know where the Spratlys were. A year earlier, the French had staked their claim to the Paracel Islands (Xisha) as part of their colony in Vietnam. The second French claim to part of the Spratlys befuddled the Chinese. As the scholar Francois-Xavier Bonnet of Irasec, the Research Institute on Contemporary Southeast Asia, noted: "These two claims of the French government confused the minds... not only of the Chinese public and the media, but also the official authorities like the military and the politicians in Guangdong Province and Beijing. In fact, the Chinese believed that the Spratly Islands and Paracel Islands or Xisha were exactly the same group, but that the French had just changed the name as a trick to confuse the Chinese government. To ascertain the position of the Spratly Islands, the Chinese Consul in Manila, Mr. Kwong, went, on July 26, 1933, to the US Coast and Geodetic Survey and discovered, with surprise, that the Spratly Islands and the Paracel Islands were different and far apart." The Consul submitted, on August 1, 1933, his report to the Chinese Foreign Affairs Department, which said: "The islands in the Spratlys which the French annexed are collectively known as Tizard Bank and are situated at 530 miles from Hainan, 350 miles from the Paracels and 200 miles from Palawan... The reports mentioning that the 9 islands were part of Xisha (the Paracels) are incorrect." This quote from a letter written by Wang Gong Da, director of the Peiping News, to the foreign affairs secretary: "Don't make a diplomatic blunder; these islands are not part of Xisha. Triton Island (in Xisha) is the southernmost part of our territory. South of Triton Island, there is no connection with the Chinese territory. Our so-called experts, geographers, Navy representatives, etc. are a shame to our country." This passage from a secret report of the Military Council, dated Sept. 1, 1933: "In conclusion, we have only one piece of evidence, our fishermen from Hainan (who are present in parts of the Spratlys), and we have never done anything on these islands. We need to cool down the game with the French, but let our fishermen continue their activities to protect our fishing rights. Our Navy is weak and these nine islands are not useful for us now." And who was K. L. Kwong? We learn from a copy of Who's Who in China (1934) that he was a career diplomat, who once represented China at the League of Nations in Geneva, and who served as Chinese consul-general in the Philippines from November 1930 to June 19, 1934; his next assignment was San Francisco. Inquirer Edited by Hong Nam, May 4 2014, 12:04 PM.
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| Hong Nam | May 4 2014, 02:21 AM Post #340 |
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Bought by China
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Germany backs PH move on sea disputes Manila Bulletin - 1 hour 46 minutes ago Berlin, Germany - The Federal Republic of Germany continuously supports the Philippine government's arbitration initiative to peacefully resolve the territorial disputes in the West Philippine Sea. Philippine Ambassador to Germany Maria Cleofe R. Natividad said the German government rallied behind the Philippines' filing of a "memorial" or a written pleading against China's "aggressive" assertion of its "expansive and illegal" nine-dash line claim over the West Philippine Sea (South China Sea). "Germany supports our action against China. They believe in the Philippines' advocacy for a peaceful and rules-based settlement of territorial and maritime disputes in accordance with universally-recognized principles of international law, including UNCLOS (UN Convention on the Law of the Sea)," she said in an interview at the Philippine embassy in this multicultural city with this reporter who participated in this year's 20th anniversary celebration of Internationale Journalisten Programme (IJP). Manila Bulletin / Yahoo |
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8:32 AM Jul 11