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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 (50,560 Views)
Mckoyzzz
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PH seeks early tribunal ruling over sea dispute
By Manny Mogato, Reuters
06/18/2014 3:56 PM


MANILA - The Philippines said it will ask an international arbitration tribunal to make a speedy ruling on its dispute with China over exploiting waters in the South China Sea after Beijing refused to take part in the proceedings.

Foreign Affairs Secretary Albert del Rosario said Manila might also ask the United Nations arbitral court in The Hague to issue an order that would halt Chinese reclamation work in contested waters, such as on Johnson South Reef and Fiery Cross Reef in the Spratly archipelago.

Manila is seeking confirmation at the tribunal of its right to exploit waters in its 200-nautical mile exclusive economic zone as allowed under the UN Convention on the Law of the Sea (UNCLOS).

Earlier this month, China rejected a notice from the tribunal which gave Beijing until Dec. 15 to reply to the first international case filed against it over the potentially energy-rich waters.

"Because China is not participating and because the situation is getting worse every day in the South China Sea, I am asking our (legal team) in the U.S. if we can present a request to the tribunal to hasten the process," del Rosario said late on Tuesday.

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"Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis"
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gammy322
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UP Professor: 'China challenging UNCLOS'By: Philippine News Agency
June 19, 2014 3:44 AM


MANILA, Philippines -- China’s snub of the Philippine arbitral claim on the West Philippine Sea and its slew of building projects on disputed reefs in the area are “a serious and belligerent violation of” the UN Convention on the Law of the Sea (UNCLOS), of which it is a member, according to an outspoken Filipino legal academic at an international law conference in Tokyo.
Speaking at the 5th Annual Meeting of the Japan Society of International law at the Chuo University Law School last Sunday, University of the Philippines professor Harry L. Roque Jr. said that China’s refusal to participate in the arbitration and its unilateral acts in building artificial islands in the disputed maritime area of the Spratly’s constitutes a “serious breach of the UNCLOS since as a party to the Convention, China agreed to refer all matters involving interpretation and application of the UNCLOS to the compulsory and binding dispute settlement procedure of the Convention”.

Roque, who is also Director of the UP Law Center’s Institute of international Legal Studies, said that the international community took a very long time to agree on the provisions of UNCLOS because all countries of the world wanted the Convention to be the “constitution for the seas”.
“By prohibiting reservations and by adopting all provisions on the basis of consensus, it was the intention of the world community to do away with the use of force and unilateral acts in the resolution of all disputes arising from maritime territory,” said Roque.

Debunking the view expressed recently by Judge Xue Hanquin, the Chinese Judge in the International Court of Justice that states that made declarations when they ratified the UNCLOS, China included, are deemed to have opted out of the dispute settlement procedure of the Convention, Roque noted that China’s subsequent reservations only as to specific subject matters from the jurisdiction of the dispute settlement procedures proves that China agreed to be bound by the procedure. “This means that China is under a very clear obligation to participate in the proceedings, if only to dispute the jurisdiction of the Tribunal,” Roque said.
More worrisome, according to Roque, is China’s recent resort to the use of force in bolstering its claim to the disputed territories.


http://www.interaksyon.com/article/89408/up-professor-china-challenging-unclos
Edited by gammy322, Jun 19 2014, 03:19 PM.
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PinoyAko
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This is our answer to less talkative china... :headbang:
Philippines: China’s claim has no geographic coordination, soon it will be forever invalidated
by Ishi Gonzales 29/06/2014 | 10:40
[
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b]“China never clarified its claim over the land features. The nine-dash-line has no geographic coordination,”[/b] the spokesperson said. The reason why Philippines and the tribunal wants China to participate in the arbitration to clarify its claims which China never did.

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all Chinese published maps including 10-dash line and 9-dash line maps covering the entire South China Sea will be invalidated.
:brrt:
http://www.angmalaya.net/world/2014/06/29/1468-philippines-chinas-claim-has-no-geographic-coordination-soon-it-will-be-forever-invalidated
Edited by PinoyAko, Jun 30 2014, 11:23 AM.
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Hong Nam
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If only China could have been more like India, it will certainly make things better.
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International Court Rules in Favor of Bangladesh on Maritime Dispute With India
By Ankit Panda
July 10, 2014


A United Nations tribunal ruled in favor of Bangladesh and against India regarding a sea boundary dispute between the two countries. Both countries welcomed the decision of the U.N. tribunal which puts an end to a decades-long dispute between the two South Asian neighbors. The decision was taken by the Hague-based Permanent Court of Arbitration (PCA) and concerned a disputed area in the Bay of Bengal.

The Diplomat


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Hong Nam
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Why "Lawfare" Won't Deter China in the South China Sea
by Julian Ku


"There only seems one solution to the various territorial disputes in the region - specifically, what some are calling "lawfare." All of the various claimants that have disputes with China in the South China Sea should appeal collectively to any and all international bodies that could possibly hear their claims. Only together can they hope to get Beijing to halt its aggressive actions."

- Harry J. Kazianis, the managing editor of The National Interest


"Lawfare" or international law litigation is not going to be an effective counter to China here for at least two reasons (one legal, one policy-based):

1) China has opted out of any "compulsory" system of international dispute resolution that would rule on its territorial claims in the South China Sea (or anywhere, for that matter). This "opt-out" is perfectly legal and may very well prevent the Philippines from even making their full case to the UNCLOS arbitration tribunal. There are no other legal institutions that have jurisdiction. So the only way "lawfare" can work here is if China consents to arbitration. But if Kazianis is right that this is a strategy by China's neighbors to block its expansion, then why would China ever agree to arbitration?


2) Even if compulsory jurisdiction were somehow found in one of these international bodies, there is very little chance that China would feel compelled to comply with any negative ruling. This is not a China-specific problem, but rather a problem almost every country faces when considering arbitration over territorial disputes. The effectiveness of tribunals in these contexts is highly limited since they depend for enforcement on the individual state-parties. This is why voluntary arbitration tends to work better than compulsory arbitration in these kinds of territorial disputes. The U.S. and Canada, for example, have managed to settle (most of) their often contentious land and maritime borders through a combination of non-arbitral commissions, and then special bilateral arbitrations. In the famous "Gulf of Maine" case, the U.S. Senate actually approved a special treaty with Canada to send a maritime dispute to a special chamber of the ICJ. Although clunky, this model is far more likely to succeed in getting state compliance.

China needs to be deterred from its current strategy in the South China Sea, I am fairly confident the use of "lawfare" will not be a way to accomplish this goal.



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Hong Nam
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Ruling for West Philippine Sea case expected first quarter of 2016
by Ishi Gonzales
19/07/2014


"In January 2016 or sometime between January and March 2016," the Philippines is expecting for the final judgment of the arbitral tribunal at the Permanent Court of Arbitration said Washington-based Paul Reichler, Philippines' lead counsel in a forum hosted by Center for Strategic and International Studies in US.

According to Rappler's report, Reichler said if China will not file a counter-memorial until December 15 this year, the arbitral tribunal will proceed to the alternate procedure.

"On the following day (after December 15), the tribunal will present a series of questions both on jurisdiction and merits to the Philippines, arising from the Philippines' memorial, and give the Philippines approximately 3 months to answer those questions."


If the Philippines submits the written response within the three month period, "between the 7th and 18th of July 2015" Philippines will be called to attend for a oral hearing.

"Again we hope that China will participate. But if not, they will go forward anyway, with the Philippines appearing before the tribunal to make its arguments, and to respond to questions from the tribunal."


Within 6 to 8 months after the oral hearing the arbitral tribunal will issue the ruling.

That would be between January and March 2016.



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Hong Nam
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DFA: West PHL Sea arbitration about rights, not 'who owns what'
By EARL VICTOR L. ROSERO and RIE TAKUMI,
GMA News
July 26, 2014



The United Nations Convention on the Law of the Sea (UNCLOS) arbitration case against China is "not about who owns what" but rather to make clear the entitlements due the Philippines, the Department of Foreign Affairs (DFA) said on Saturday.

"It is not about determining who owns what in the territories in the South China Sea. That is not our case. Our case is a interpretation of the law, clarification, and validation... Our aim is for the tribunal to say that the nine-dash line is without basis under UNCLOS,"
- DFA spokesman Charles Jose

Assistant Secretary Jose said that in that possible hearing after December 15, the five-member tribunal may ask the Philippines about details of its claim and other matters for clarification.

The Philippines' petition, referred to as a "Memorial", was submitted on March 30, 2014. The entire Memorial consists of 4,000 pages and has ten volumes. Solicitor-General Francis Jardeleza leads the inter-agency legal team handling the case.

Jose said that while the case is pending, resorting to backchanneling would not be wise because it may weaken the country's position before the tribunal. Meanwhile, Jose said that since both the Philippines and China are signatories of the UNCLOS, both are legally- and morally-bound to accept the decision on the case.

"Once we get the ruling, we have to sit down with China. By then, we will be talking from a better position because we have the moral and legal victory. We need the rule of the court to be able to say with clarity what are our maritime entitlements."

"When we started bilateral negotiations, the pre-conditon was you need to accept China's indesputable claim of sovereignty over the South China Sea. If you do that, what else will you be negotiating? They said in their statements they will compromise because this is a co-issue for them. Compromise is a key component of negotiations. But what will we be negotiating? They have a pre-condition, and they won't compromise."

- DFA spokesman Charles Jose

Ownership of the disputed areas is not part the arbitration, though it will delineate which areas are open for joint or exclusive development.

Arbitration was the Philippines' last option in its negotiations with China. Prior to launching a case at the UN tribunal, at least 15 bilateral meetings between both countries were allegedly conducted, but Chinese demands made negotiations difficult.

Working with China through the Association of Southeast Asian Nations (ASEAN) has deescalated tensions between the two countries.

"China said it will not accept the decision. If China wants to be seen as a responsible member of the international community, I think it is also in its best interest to operate within the established order and the established order after the arbitral tribunal is the ruling." - JDS, GMA News



GMA NEWS
Edited by Hong Nam, Jul 27 2014, 08:32 PM.

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MSantor
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Semi-related: the EU shows its stance over the South China Sea claims:

Interaksyon

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EU's Ashton pushes peaceful options in South China Sea rows, backs Mindanao peace
By: Pots de Leon, InterAksyon.com
July 29, 2014 6:38 PM


MANILA, Philippines - (UPDATE 10:56 PM) A ranking official of the European Union affirmed the bloc’s commitment to pushing for stability in the South China Sea, sustained peace and development in Mindanao, more effective disaster risk reduction and to expanding economic relations between EU member countries and the Philippines.

Foreign Affairs Secretary Alberto del Rosario, briefing reporters Tuesday after a closed-door meeting with Lady Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy and Vice President of the European Commission, expressed the Philippine government’s gratitude for these.

He also thanked the EU, through Lady Ashton, for granting Manila an extension to pursue maritime reforms, thus averting the loss of jobs of some 82,000 Filipinos aboard EU-flagged vessels. The 6-month extension allows the Philippines to fully carry out various measures and reforms to fully meet its obligation under the Convention on Standards of Training, Certification and Watchkeeping for Seafarers, as amended (STCW Convention).

(...EDITED)


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Hong Nam
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Taiping Island, also known as Itu Aba Island, is the largest of the Spratly Islands in the South China Sea, and the only one where fresh water is available.
The island is administered by Taiwan.


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Sol-Gen Jardeleza questioned by JBC on handling of PH's Spratlys claim
Jardeleza grilled for excluding Itu Aba from Spratlys case

By Nikko Dizon - Philippine Daily Inquirer
August 19th, 2014


Legal strategy or disloyalty to country?

Solicitor General Francis Jardeleza's handling of the Philippines' case against China before the United Nations arbitral tribunal was scrutinized by some members of the Judicial and Bar Council (JBC).

Ranking government sources told the Philippine Daily Inquirer in separate interviews this was the "integrity issue" raised against Jardeleza.

The INQUIRER learned Jardeleza, who as Solicitor General is the chief government counsel, directed the Philippines' international lawyers in The Hague to delete 14 paragraphs discussing Itu Aba, the biggest island in the Spratlys, from the memorial submitted to the UN last March. Itu Aba is being claimed by Taiwan.

The foreign lawyers, Paul Reichler and Lawrence Martin, wrote to Foreign Affairs Secretary Albert del Rosario before the March 29 deadline to inform him that removing Itu Aba from the claim would be detrimental to the Philippines' case.

Jardeleza supposedly explained it was a legal strategy not to include Itu Aba just yet but Reichler and Martin believed otherwise.

One INQUIRER source said President Aquino was told of the repercussions of deleting Itu Aba from the case. President Aquino directed Jardeleza to include Itu Aba in the memorial before it was finally submitted on March 29.



Global Nation

Edited by Hong Nam, Aug 19 2014, 11:15 PM.

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pachador


This is disturbing. many officials in the past have commited acts of treason, knowingly, or unknowingly because of money offers.. Cant say if that happened in this case with jardaleza, but, the good thing is that , his order was caught and did not push through. VERY, VERY DISTURBING !!! It is bothering me deeply.

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Sol-Gen Jardeleza questioned by JBC on handling of PH's Spratlys claim
Jardeleza grilled for excluding Itu Aba from Spratlys case

By Nikko Dizon - Philippine Daily Inquirer
August 19th, 2014


Legal strategy or disloyalty to country?

Solicitor General Francis Jardeleza's handling of the Philippines' case against China before the United Nations arbitral tribunal was scrutinized by some members of the Judicial and Bar Council (JBC).

Ranking government sources told the Philippine Daily Inquirer in separate interviews this was the "integrity issue" raised against Jardeleza.

The INQUIRER learned Jardeleza, who as Solicitor General is the chief government counsel, directed the Philippines' international lawyers in The Hague to delete 14 paragraphs discussing Itu Aba, the biggest island in the Spratlys, from the memorial submitted to the UN last March. Itu Aba is being claimed by Taiwan.

The foreign lawyers, Paul Reichler and Lawrence Martin, wrote to Foreign Affairs Secretary Albert del Rosario before the March 29 deadline to inform him that removing Itu Aba from the claim would be detrimental to the Philippines' case.

Jardeleza supposedly explained it was a legal strategy not to include Itu Aba just yet but Reichler and Martin believed otherwise.

One INQUIRER source said President Aquino was told of the repercussions of deleting Itu Aba from the case. President Aquino directed Jardeleza to include Itu Aba in the memorial before it was finally submitted on March 29.



Global Nation

[/quote]
Edited by pachador, Aug 20 2014, 02:07 AM.
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