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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 (50,563 Views)
dewey
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metro aide sweeper

now, what in tarnation are they saying that they have sovereignty over spratlys way back whatever dynasty when as recent as 1933, they dont know where it is??? :lollol:
Edited by Mckoyzzz, May 12 2014, 01:31 PM.
IDI@T!!! COWARD!!!
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Hong Nam
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Bought by China

dewey
May 4 2014, 09:29 AM
now, what in tarnation are they saying that they have sovereignty over spratlys way back whatever dynasty when as recent as 1933, they dont know where it is??? :lollol:


And they even admitted that it was not part of their territory!

"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."

Edited by Mckoyzzz, May 12 2014, 01:31 PM.

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dewey
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metro aide sweeper

i think this is why they dont want to join the arbitration, they fear that facts like these will be dug up and exposed. seems like their only option now is their excuse of them not recognizing the arbitration. i really do hope we win this

:patrioticpinoy:

im curious though. if we win the arbitration and un declare the 9 dash line illegal, will the whole 200nm eez be given to us including the ones being occupied by them comedians? im fine with sharing of the southernmost part of the eez with our neighbor.
Edited by Mckoyzzz, May 12 2014, 01:31 PM.
IDI@T!!! COWARD!!!
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Hong Nam
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Bought by China

The Vietnamese foreign ministry, raised the possibility of Hanoi taking the dispute to international arbitration.

- Now they're considering it. They sure took their sweet time.
- Fence sitting for too long and prolonged "testing the waters" has its disadvantages.



Quote:
 
Vietnam says China rammed its ships as tensions surge in South China sea
May 7, 2014


"We cannot exclude any measures, including international legal action, as long as it is peaceful. We are a peace-loving nation that has experienced many wars. If this situation goes too far, we will use all measures in line with international law to protect our territory. We have limitations, but we will stand up to any Chinese aggression." - Tran Duy Hai, Vietnamese foreign ministry



Reuters

Edited by Hong Nam, May 7 2014, 10:55 PM.

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Hong Nam
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Bought by China

China's Ascent has Asia on Edge. Could International Law Help?
Ali Wyne
June 2, 2014


"Japan for the rule of law. Asia for the rule of law. And the rule of law for all of us. A rule of law at sea that is grounded in three principles: the countries of the Asia-Pacific region should make and clarify their claims based on international law. Not use force or coercion in trying to drive their claims and seek to settle disputes by peaceful means."
- Shinzo Abe, Japanese Prime Minister

"A crucial test for the Asia-Pacific is whether nations will choose to resolve disputes through diplomacy and well-established international rules and norms, or through intimidation and coercion. The U.S. would support efforts by any nation to lower tensions and peacefully resolve disputes in accordance with international law."
- Chuck Hagel, U.S. Secretary of Defense

International law is the one relevant theater in which the playing field would appear to favor China's neighbors. If the tribunal finds the nine-dash line to be legal, it would effectively eliminate the possibility of a successful nonviolent challenge to China's maritime claims. In the more likely case that it finds that boundary to be partly or entirely illegal, there are at least three ways in which China could respond:

- Accept the ruling and adopt less expansive maritime claims: While this possibility may well be far-fetched, the lawyer whom the Philippines have retained cautious against dismissing it outright.

"Decisions, judgments, and awards by international courts and tribunals are complied with in more than 95% of the cases, including by big powers such as the United States."
- Paul Reichler

- Ignore the ruling: This possibility seems most likely.

"China has refused to participate in the arbitration and will disregard any judgment against it. And that will be that. The judges can no more compel China to yield the Spratlys or Paracels than they could detach those islands from the seabed and tow them away."
- Eric Posner, University of Chicago Law School

- Commit to taking the ruling under consideration: China would effectively be ignoring it without rejecting it. The trouble with this intermediate course is that it would still give China's neighbors ample legal and diplomatic ammunition; they would likely frame it as an implicit concession by China that the nine-dash line is illegal.

It would be wrong, however, to place the onus of upholding international law solely on China.

"Vietnam should make plain its willingness to submit to the ICJ its territorial claims over the Spratlys, including those islands and other features that it currently occupies. All six neighbors of China that are parties to the Asia-Pacific's maritime disputes - Brunei, Japan, Malaysia, the Philippines, Taiwan, and Vietnam - should declare their willingness to have their claims evaluated by an international tribunal."
- Jerome Cohen, New York University School of Law

While the U.S. may not be party to those disputes, its pushback against China would be more powerful if it ratified the Law of the Sea Treaty.

"Increasingly, America's absence from the treaty undermines its arguments to China about the supremacy of international law... From the U.S. perspective, the legal counter to China under the treaty is all the more important given the alternatives. Confronting China with force is an option fraught with incalculable risks. War between China and the U.S., even a limited one, would be catastrophic... The Law of the Sea isn't the only answer to the region's increasingly risky maritime disputes. But with a lack of better ones, the apparent contradiction in the U.S. position weakens the power of its argument."
- Andrew Browne, The Wall Street Journal



The National Interest


Edited by Hong Nam, Jun 3 2014, 01:21 AM.

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PinoyAko
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China told to answer PH pleading on sea dispute
By Dharel Placido, ABS-CBNnews.com
Posted at 06/04/2014 10:54 AM | Updated as of 06/04/2014 10:54 AM
Quote:
 
The tribunal, based in The Hague, Netherlands, ordered China to submit not later than December 15 this year its counter-argument to a memorial filed by the Philippines.

Quote:
 
'In Procedural Order No. 2, the Arbitral Tribunal fixes 15 December 2014 as the date for China to submit its Counter-Memorial responding to the Philippines’ Memorial,'' the arbitral tribunal said in a June 3 statement.

Quote:
 
The five-member arbitral tribunal is chaired by Judge Thomas A. Mensah of Ghana. Its other members are Judge Jean-Pierre Cot of France, Judge Stanislaw Pawlak of Poland, Professor Alfred Soons of the Netherlands, and Judge Rüdiger Wolfrum of Germany. The court of arbitration acts as the Registry in the proceedings.

http://www.abs-cbnnews.com/nation/06/04/14/china-told-answer-ph-pleading-sea-dispute
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Ayoshi
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China has been incooperative with the arbitration initiated by the Philippines. The court of arbitration said with China’s note verbale last year espressed “its position that it does not accept the arbitration initiated by the Philippines.”

<snipped>

According to experts, if China will stay uncooperative, a ruling case can be seen next year.

source: angmalaya
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gammy322
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China again dismisses PHL court case in sea dispute
June 4, 2014 5:20pm
907 19 0 943

MANILA - China on Wednesday rejected an arbitration tribunal's ruling giving it six months to respond to a case filed by the Philippines over disputed waters, saying it has no plans to take part.

China claims almost the entire South China Sea, rejecting rival claims to parts from Vietnam, the Philippines, Taiwan, Malaysia and Brunei in one of Asia's most intractable disputes and a possible flashpoint. It also has a separate maritime dispute with Japan over islands in the East Sea.

The tribunal in The Hague gave Beijing until Dec. 15 to reply to the first international case filed against China related to the energy-rich waters.


http://www.gmanetwork.com/news/story/364176/news/nation/china-again-dismisses-phl-court-case-in-sea-dispute
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Ayoshi
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G7 backs legal remedy, opposes coercion in South China Sea [philstar]
June 5, 2014
Quote:
 
"We support the rights of claimants to seek peaceful resolution of disputes in accordance with international law, including through legal dispute settlement mechanisms," said the forum of leaders from Canada, France, Germany, Italy, Japan, United States, United Kingdom and the European Union.

<snipped>

G7 said that it opposed the use of military force in the waters, considered as among the most important global trade route.

"We oppose any unilateral attempt by any party to assert its territorial or maritime claims through the use of intimidation, coercion or force," the group said.

Headlines ( Article MRec ), pagematch: 1, sectionmatch: 1
"We call on all parties to clarify and pursue their territorial and maritime claims in accordance with international law," it added.
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Mckoyzzz
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Ipsa Scientia Potestas Est
PDFF Mod Group
ayoshi
Jun 5 2014, 11:24 AM
G7 backs legal remedy, opposes coercion in South China Sea [philstar]
June 5, 2014
Quote:
 
"We support the rights of claimants to seek peaceful resolution of disputes in accordance with international law, including through legal dispute settlement mechanisms," said the forum of leaders from Canada, France, Germany, Italy, Japan, United States, United Kingdom and the European Union.

<snipped>

G7 said that it opposed the use of military force in the waters, considered as among the most important global trade route.

"We oppose any unilateral attempt by any party to assert its territorial or maritime claims through the use of intimidation, coercion or force," the group said.

Headlines ( Article MRec ), pagematch: 1, sectionmatch: 1
"We call on all parties to clarify and pursue their territorial and maritime claims in accordance with international law," it added.

I'm waiting for China to again issue their pre-fabricated statement to the tune of, "we hope that the United States, United Kingdom, Italy, Japan, Germany, France, Canada, Philippines, Vietnam, ASEAN and the European Union to stop making irresponsible comments and stop mudding the water in the South China Sea. And to the rest of the world, you are all wrong and we are right..."

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