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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 (50,559 Views) | |
| Maubanin70 | Aug 20 2014, 02:43 AM Post #381 |
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sold their soul for some coins. |
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| PinoyAko | Aug 20 2014, 09:51 AM Post #382 |
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Honestly when i'm reading the article, i hold my breath and my heart is pounding so fast.. until the last sentence that Pnoy disagree and he still insist to include it in the memorial...Money for treason..and Jardeleza should immediately be out to the position... This guy should be included in the "Shame Campaign", and media, FB, forum, twitter, etc. can help so much to remove this guy in his position. |
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| Bastion | Aug 20 2014, 12:30 PM Post #383 |
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Trainee
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Jardeleza supposedly explained it was a legal strategy not to include Itu Aba (the biggest Island in the Spratlys claimed by Taiwan). So, if China successfully invades Taiwan making it a part of China, then China will finally have a legitimate part of the Spratlys because of the Genius Jerdeleza's legal strategy. Is this strategy meant for the good of the Philippines, Taiwan or China? Only the Genius Jerdeleza can solve this mystery question. |
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| pachador | Aug 20 2014, 02:03 PM Post #384 |
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according to this article, jardeleza's reason was to appease the bully, my goodness , when you file a case against a bully, the intent is to charge the bully not to appease the bully. what kind of justice official is he ?? the same article said that " sources said Jardeleza could have been acting on the behest of a Palace official, who in turn, is reporting to a higher principal. “Jardeleza could not say no to this Malacañang official,” other excerpts: " sources said American lawyer Paul Reichler, lead counsel of the Philippines in the arbitration case filed against China in the West Philippine Sea maritime dispute, was alerted and alarmed over the removal of Itu Aba. Sometime before March, he sought to inform Aquino about the lapse and warn him about its implication. For more than 3 hours, the American lawyer, together with two other lawyers, waited in Malacañang for an audience with the President. But a Malacañang official who has the ear of the President, reportedly made sure Reichler would be denied that meeting. In the meantime, De Lima got wind of the Itu Aba case. Realizing that its removal in the memorandum would be a costly mistake, she called for a meeting with Foreign Affairs Secretary Albert del Rosario and Jardeleza. When asked about Itu Aba’s exclusion from the memorandum, Jardeleza reportedly said its inclusion would have “offended China” and that “there is no need to include it (Itu Aba).” Jardeleza said the inclusion of Itu Aba in the memorandum would delay proceedings. The Solicitor-General also cited a German expert Stefan Talmon who, according to insiders, turned out to be under the retainer of China, having written a book, The South China Sea Arbitration: A Chinese Perspective. He has been sympathetic to the Chinese position on the West Philippine Sea. It was suspicious for him to cite the German expert when the Philippine government had already hired the services of the Washington-based Reichler, sources in the judiciary said. In the end, De Lima prevailed upon the President to put it back. anak ng tinapa ! who are these officials giving instructions to jardeleza and who blocked the american lawyers from talking to president aquino ??? http://www.rappler.com/newsbreak/66685-inside-story-jardeleza-disloyalty Edited by pachador, Aug 20 2014, 02:08 PM.
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| PinoyAko | Aug 20 2014, 02:25 PM Post #385 |
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This is not only suspicious, this is also costly and will contradict the documents and evidences, thus our case will diminish by technicalities...the arbitration judges may simply ask who is your official legal counsel, say you, him, her...ang gugulo nyo...
My suspicion is Ochoa or Almendras...hmmm..ochoa is so silent after he was involved with his mansion scandal...Almendras, remember he is the one who accompanied Erap in hongkong and sometime their statements contradicts to each other... Now the credibility of our case and of those OSG lawyers is in brink, now we cannot trust anyone...except the american lawyers as long as they get their paycheck i think they will not go in the left side or in the chinese side.
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| Hong Nam | Aug 20 2014, 03:58 PM Post #386 |
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Bought by China
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So, It was de Lima who saved the day by bringing it to the attention of the Foreign Affairs secretary and eventually landed on your president's ear. The irony here is that it is 2 foreign lawyers who are looking out for you. Hence, can be trusted enough to handle your case. I wish I can say the same for some your own people in government. I wouldn't dare turn my back against these people. - Scary Edited by Hong Nam, Aug 20 2014, 03:59 PM.
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| ganymede09 | Aug 20 2014, 06:31 PM Post #387 |
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and now he is a part of our Supreme Court
Edited by ganymede09, Aug 20 2014, 06:31 PM.
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| LET'S RAISE OUR MIDDLE FINGERs TO THE MIDDLE KINGDOM. | |
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| Hong Nam | Aug 25 2014, 09:59 AM Post #388 |
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Bought by China
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What's at stake in the Itu Aba case? Jardeleza's SC entry and Sereno's eroding clout - Rappler It could yet prove to be pivotal in the issue of jurisdiction by the UN body in the case filed by the Philippines. The government is arguing that Itu Aba is only a rock formation "that cannot support human habitation absent external assistance." Under the UNCLOS, an island capable of human habitation and economic life of its own generates an Exclusive Economic Zone of 200 nautical miles from its shore. The Philippines posits that Itu Aba does not enjoy an EEZ coverage and thus falls under the coverage of compulsory arbitration under the UNCLOS. On the other hand, China has argued that the UN body has no jurisdiction over the dispute because Itu Aba generates an EEZ of 200 nautical miles and overlaps with the Philippines' own EEZ. The Philippine-hired international counsels, led by American lawyer Paul Reichler, appealed for the retention of the Itu Aba discussion in the memorandum, arguing that its deletion could put "the entire case at risk." In a memo to Foreign Affairs Secretary Albert del Rosario, the foreign lawyers warned that "there is too much at stake to put everything at risk by what we would consider an extremely unwise decision." Sereno said the exclusion of Itu Aba from the memorial might be construed by the UN arbitral body "as bad faith" as it determines whether it has jurisdiction or not. "It would be a monumental diplomatic embarrassment if the Philippines were seen as sabotaging its own case by failing to argue a jurisdictional point. The Philippines was the party that initiated compulsory arbitration. It is the party claiming that its right under the UNCLOS has been violated, and that it undertook the proper mechanisms under the UNCLOS to protect its right." "International law recognizes the existence of the clean hands doctrine, which requires international litigants to come before the international courts without bad faith. If the Philippines were seen as purposefully bringing a defective case before the UNCLOS tribunal, then its good faith would be cast in doubt." |
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| Hong Nam | Aug 25 2014, 10:52 AM Post #389 |
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Bought by China
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Itu Aba: On this rock stands PH suit against China By Nikko Dizon - Philippine Daily Inquirer Saturday, August 23rd, 2014 Itu Aba, the "rock" that is the biggest land feature in the disputed Spratlys archipelago is really essential to the country's arbitration case before the United Nations tribunal, according to Filipino experts on international maritime law. The experts, bolstering the views of the international lawyers helping the Philippines in the arbitration case, on Friday explained in separate interviews the necessity of describing Itu Aba as a "rock" under the definition of the UN Convention on the Law of the Sea (Unclos) in the Philippines' case against China. Jardeleza, the then solicitor general and chief government counsel, had wanted to exclude a 14-paragraph discussion on Itu Aba, the only island in the Spratlys occupied by Taiwan (which calls it Tai Ping), from the memorial the government submitted to the tribunal in The Hague last March. The international law firm Reichler and Martin strongly disagreed with Jardeleza, arguing how important it was to describe Itu Aba as "a rock with a very limited entitlement" and that it would damage the Philippine case if the discussion was removed. "Rocks as defined under Article 121, Paragraph 3 of Unclos cannot have its own exclusive economic zone or continental shelf. 'Rocks,' however, can become the basis for projecting a 12 nautical mile territorial sea and 24 nautical mile contiguous zone around it. If Itu Aba is described as 'rocks,' then the State which owns (or has sovereign/territorial title over) Itu Aba cannot assert EEZ sovereign rights, nor can that State claim surrounding submerged features outside its 12 nautical mile radius as part of Itu Aba's continental shelf on which it can build structures or installations." - Peter Payoyo, expert based in The Hague, former law professor at the University of the Philippines "It is a preliminary issue. You cannot go far without addressing it clearly. If Itu Aba were to be seen as capable of generating a 200 nautical mile EEZ and continental shelf, the whole area which is subject of the case requires a (maritime boundary) delimitation before anything could be decided, and that will take the case out of the jurisdiction of the tribunal. A maritime boundary delimitation would require the court to identify boundaries between the Philippines and other states, particularly China" - Professor Jay Batongbacal, director of the UP Institute for Maritime Affairs and Law of the Sea In their memo to Del Rosario and Jardeleza obtained by the Inquirer, the lawyers Reichler and Martin said Itu Aba must be "persuasively" described as a "rock with a very limited entitlement and sets forth the reasons it is irrelevant to the case the Philippines has presented." The lawyers said that bringing up Itu Aba in the memorial itself would allow the Philippines "to frame the issue." They believed that the Philippines' argument would convince the tribunal that Itu Aba is a "rock that generates no more than 12 nautical miles, and this does not overlap with the Philippines' EEZ or continental shelf." Itu Aba has an area of about half a square kilometer and lies right on the fringe of the 200 nautical mile EEZ of the Philippines. Taiwan has had control over Itu Aba since 1956 and has developed it through the years. It has an airstrip and soon, a $100-million port. If Itu Aba is considered an "island," its 200 nautical mile EEZ would reach Palawan province. Global Nation Edited by Hong Nam, Aug 25 2014, 10:55 AM.
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| Hong Nam | Aug 25 2014, 11:48 AM Post #390 |
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Bought by China
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China's nine-dash line came ahead of Unclos, says expert By Matikas Santos - INQUIRER.net Friday, August 22nd, 2014 "The Nine-dash line had existed for nearly half a century ahead of Unclos, you have no reason to ask the Nine-dash Line to conform to a later convention. A basic principle of international law is non-retroactivity. Today's law cannot overwrite existing facts of the past." ![]() Wu Shicun, president of National Institute for South China Sea Studies. Photo from http://www.nanhai.org.cn A Filipino maritime law expert however refuted Wu's claims, saying that even if China's nine-dash line claim existed before Unclos which came into force in 1994, it would not have had any legal consequences. "Prior to Unclos, no state could lay claim to waters more than three nautical miles from shore. Besides, the nine-dash line was not published internationally aside from a Chinese map. Even if the nine-dash line was issued in 1947, it could not have had any legal effect." - Jay Batongbacal, director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea Supreme Court Associate Justice Antonio Carpio had also debunked China's own historical claims caling the nine-dash line a "gigantic historical fraud." Carpio, in one of his series of lectures entitled "Historical Facts, Historical Lies and Historical Rights in the West Philippine Sea," showed copies of maps of China dating back to the 13th century and to the 1930s, made by Chinese authorities or individuals and even foreigners, that showed the southernmost territory of China has always been Hainan Island. "There is not a single ancient map, whether made by Chinese or foreigners, showing that the Spratlys and Scarborough Shoal were ever part of Chinese territory. China's so-called historical facts to justify its nine-dash line are glaringly inconsistent with actual historical facts, based on China's own historical maps, constitutions and official pronouncements." - Antonio Carpio, Supreme Court Associate Justice Global Nation |
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until the last sentence that Pnoy disagree and he still insist to include it in the memorial...Money for treason..and Jardeleza should immediately be out to the position...



8:32 AM Jul 11