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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 (50,558 Views)
pachador


I havent read too much into this aspect regarding itu-aba's effect on the EEZ, but I vaguely recall reading that the country with the longer coastline will get the bigger EEZ based on past ITLOS rulings such as http://www.utexas.edu/law/centers/energy/blog/2013/02/a-maritime-doughnut-hole-in-the-caribbean-sea-the-international-court-of-justice-establishes-maritime-boundary-between-nicaragua-and-colombia/

so Palawan which fronts itu-aba will get a much,much bigger EEZ than itu aba because its coastline is many many times longer than itu aba. in the nicaragua vesus colombia case, Atty Reichler was the lawyer for nicaragua which won a much bigger EEZ because its coastline fronting the islands of colombia was much muich longer.

Edited by pachador, Aug 25 2014, 02:00 PM.
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Hong Nam
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pachador
Aug 25 2014, 01:57 PM
I havent read too much into this aspect regarding itu-aba's effect on the EEZ, but I vaguely recall reading that the country with the longer coastline will get the bigger EEZ based on past ITLOS rulings such as http://www.utexas.edu/law/centers/energy/blog/2013/02/a-maritime-doughnut-hole-in-the-caribbean-sea-the-international-court-of-justice-establishes-maritime-boundary-between-nicaragua-and-colombia/


According to that decision, it is true.

But if Itu Aba is classified as an island - noting that it is the only Island in the Spratly island group with its own water supply - it would be entitled to an EEZ. Even if the Philippines will get the "lions share" of the EEZ.... Itu Aba, unfortunately will include a substantial area of the island group. Pagasa Island most importantly.

Posted Image - 75.6 km or 40.82 nm - Distance from Itu Aba Island to Thitu Island


All the better that it be classified a "rock". It cannot claim anything beyond a radius of 12 nautical miles.



Edited by Hong Nam, Aug 25 2014, 05:33 PM.

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pachador


in the spirit of fairness to all nations ;) , Thitu(pagasa island) lies outside the 200 mile EEZ of the philippines, not sure if it also lies outside or inside the 350 mile continental shelf EEZ the philippines can be entitled too if the philippine continental shelf does extend to 350 miles, but due to the conflicting claims the 350 mile claim is better used for the eastern philippine seaboard - in fact we now own benham rise.

all those spratly reefs and islands such as pagasa island outside the 200 mile EEZ of competing countries are essentially first come-first served formations to those who occupy them first.

since these disputed formations weere only occupied recently by taiwan, philippines and so forth, even if they are classified as islands, is there legal grounds that ITLOS can use to justify awarding a 12 mile territorial limit ? when such formations are in dispute. besides , i think-not sure on my memory - there is water supply(water well) also on pagasa island although not enough for everyone.

however , the formations within the 200 mile EEZ of the philippines specially those close such as reed bank(the most prized of all) will in all likelihood be declared by itlos to belong to the philippines by virtue of the longer shoreline of palawan versus the shoreline of itu-aba basedd on my understanding of the recent case i posted above.
Edited by pachador, Aug 26 2014, 01:44 AM.
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Hong Nam
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^^ Quite complicated, yes? Res nullius, archipelagic doctrine, regime of islands, historical claims, so on and so forth.

Which is the reason why the "memorial" submitted by your country - the Philippines does not delve on who owns which islands and who doesn't, but rather focuses on the legality of China's 9 - dash line claim and on why it encompasses a huge swath of the South China Sea. Explaining why your legal counsels vehemently opposed deleting the part which involved Itu Aba (Taiping) Island, currently occupied by Taiwan; which in turn is still claimed by the PROC as a "renegade" province.

This case is not about ownership... It is about why China prevents access and exploitation of marine and mineral in the area. An area, I may say to your advantage - in which many features fall under your 200 nm EEZ - something which other claimants don't enjoy.

If it is a rock - then it only gets 12 nautical miles. It can't beat your 200 nautical miles and it definitely won't give them any basis for preventing its development and exploitation of resources in that area. IF the ruling favours you (The Philippines), it guarantees you the legal right and exclusivity to Reed Bank, Mischief Reef, and Scarborough Shoal as the are clearly within your 200 nm EEZ, just to mention a few.


** And Thitu (Pagasa) Island does not have its own natural source of fresh and potable water. They have dug wells and found water alright - brackish and salty water.

Edited by Hong Nam, Aug 26 2014, 10:03 AM.

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Justice Carpio: China's 9-dashed line- grand theft of Global Commons
The Inbox - 20 hours ago

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China fisheries laws particularly giving Hainan, China southernmost province, exclusive jurisdiction over the waters in the South China Sea as well as on the fishery resources of Macclesfield Bank is "a grand theft of the global commons in the South China Sea."

Macclesfield Bank is one of the largest atolls in the world, with a water surface area of 6,448 square kilometers, about ten times the land area of Metro Manila. Macclesfield Bank lies just outside the Philippines' EEZ facing the South China Sea in Luzon Island. It is not an island but a fully submerged atoll whose highest peak is some 9 meters below sea level. Under UNCLOS, a geologic feature is an island only if it is above water at high tide. It does not qualify as an island under this UNCLOS definition. As a fully submerged atoll beyond China's territorial sea, Macclesfield Bank is not subject to any claim of territorial sovereignty by China. And since Macclesfield Bank is beyond China's EEZ, China cannot also claim any sovereign right to exploit exclusively the fishery resources in Macclesfield Bank.

Under UNCLOS, Macclesfield Bank is part of the high seas since it is situated beyond the EEZ of any coastal state. It is within the hole of the doughnut in the middle of the South China Sea. UNCLOS prohibits any State from subjecting the high seas to its sovereignty. All States have the right to fish in Macclesfield Bank, which is part of the global commons. Macclesfield Bank, rich in fishery resources, has been a traditional fishing ground of Filipino fishermen, just like the nearby Scarborough Shoal.


The Philippines has questioned before UNCLOS' tribunal China's 9-dashed line map which encroaches on 80% of the EEZ of the Philippines in the West Philippine Sea, including the Reed Bank and the Malampaya gas field.

"The stakes are enormous not only for the Philippines, but also for all States of this planet," Carpio said.

He said the Philippine suit before UNCLOS is to prevent China from encroaching not only on the EEZ of the Philippines, but also on the global commons in the South China Sea.

"The Philippines is fighting a legal battle not only for itself but also for all mankind. A victory for the Philippines is a victory for all States, coastal and landlocked, that China has shut out of the global commons in the South China Sea. ASEAN States whose EEZs are also encroached by China's 9-dashed lines will likewise benefit immensely from a Philippine victory," Carpio said.


The Inbox


Edited by Hong Nam, Sep 10 2014, 05:55 PM.

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PH to review Memorial on territorial dispute
Manila Bulletin - Fri, Sep 12, 2014


The Philippines will review the Memorial it submitted before the Arbitral Tribunal of the United Nations Convention on the Law of the Sea (UNCLOS) at The Hague in the Netherlands challenging China's territorial claims over the West Philippine Sea (South China Sea).

Foreign Affairs Secretary Albert del Rosario said they will make consultations if they could submit additional maps as exhibits to the memorial.


"We are going to revisit the inventory of what we have sent to them and my instruction to our people is that we should send everything here, to see if that can be utilized for our protest," Del Rosario told reporters.

The maps that Del Rosario was referring to are those which are included in the "Historical Truth and Lies: Scarborough Shoal in Ancient Map: A Cartographic Exhibit" which was launched at the Henry Sy Sr. Hall of the De La Salle University Thursday.

The exhibit is based on the lecture of Supreme Court Senior Associate Justice Antonio T. Carpio on South China Sea last June.

Del Rosario said there are a total of 60 maps included in the exhibit most of which were used in the memorial.


"I understand that what has been sent to the Arbitral Tribunal is majority of these ancient maps... also a good number of these maps are already with our legal counsel in Washington DC," said Del Rosario.


Manila Bulletin





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Wingman
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Taiwan urge to abandon it claims in the South China Sea based on the so called nine-dash line.

http://www.chinapost.com.tw/taiwan/intl-community/2014/09/14/417196/Nine-dash-line.htm
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Hong Nam
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Wingman
Sep 15 2014, 07:24 AM
Taiwan urge to abandon it claims in the South China Sea based on the so called nine-dash line.

http://www.chinapost.com.tw/taiwan/intl-community/2014/09/14/417196/Nine-dash-line.htm

Now here is the catch...
Quote:
 
Claim Based on Presence

"You (Taiwan) have a claim to Taiping Island because you have been there since 1949. Under the U.N. Convention on the Law of the Sea, Taiwan could make the claim that it has 200 miles of exclusive economic zone around the island. It is an international law that everyone agrees on except China and Taiwan."

"Most countries in the world, however, have regarded the 'nine-dash line' claim made by China and Taiwan as 'laughable'. It doesn't make any legal or practical sense to make the claim base on the 'nine-dash line."



I think this would be more challenging than their ridiculous "9 dash line".

However, In the event that they do... There could be a compromise (a lesser evil for sure) to minimize the role of small and remote islands (Pagasa, Taiping, and the other "genuine" islands in the archipelago) in the generation of claims to maritime space and boundaries. Again, its a compromise which can help avert conflict.

But this is all irrelevant as China - in all their greed - wants to have it all. And that is to your advantage.

One step at a time, debunk China's 9 dash line first - which returns Scarborough Shoal and Mischief Reef to you, secures the exploration of Reed Bank, and nullifying any claims at could be generated from artificial structures built by other claimants - and see what goes on after that.




Edited by Hong Nam, Sep 15 2014, 02:02 PM.

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Quote:
 

PHL hopes China changes position on West Philippine Sea arbitration case

BOSTON, Massachusetts, Sept. 21 (PNA) - The Philippines still hopes China will change its mind and participate in the arbitration case filed at the international arbitral tribunal, Philippine Ambassador to the United States Jose Cuisia said.(PNA)
SCS/PND/SSC


Philipines News Agency



Gentlemen, don't hold your breath.



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3 Ways China Could Respond to UNCLOS Ruling
How will China respond to the UNCLOS ruling in the Philippines tribunal case?
By James R. Holmes
September 25, 2014


What will China do if the Law of the Sea Tribunal rules in favor of the Philippines in the two nations' quarrel over maritime territory? You get two guesses, and the first doesn't count. Here's mine. Beijing will not comply with an adverse ruling.

- Why would it accept an edict from a body created by a treaty when it flouts the explicit language of that treaty?
- And why would it obey at steep political cost and risk to the Chinese Communist Party?

The only real questions are how Beijing will attempt to circumvent or nullify such a decision, and what damage may result from its defiance.

I'm assuming, of course, that the legal proceedings go Manila's way. As they must. This is as close to an open-and-shut case as it gets in international law. In effect Manila is asking jurists to invalidate the nine-dashed line that Beijing has inscribed around the periphery of the South China Sea, delineating its claim to nearly all of that body of water. The nine-dashed line is outlandish on its face.

What about the politics of UNCLOS? China's leadership has avowed its commitment to its South China Sea claims over and over again, employing language that brooks no compromise.
That China is entitled to indisputable sovereignty over the waters and land features within the nine-dashed line is a mantra.

China's leadership has issued an ironclad public commitment to enforce its maritime claims. And it knows the populace will hold it accountable for keeping that guarantee. It must deliver or face the consequences. In short, Beijing has left itself vanishingly little leeway for political maneuver.

Can you imagine Xi Jinping going on TV to announce:
"My fellow Chinese, the UNCLOS Tribunal has struck down China's nine-dashed line in the South China Sea. In compliance with the court's ruling, the Chinese Communist Party therefore relinquishes indisputable sovereignty over seas that have belonged to China since remote antiquity."

It's worth looking downrange to ask how China may respond to the tribunal, and what repercussions may follow.

One, it could simply ignore the decision. UNCLOS has no power to enforce any ukase. Little would change in practical terms, except that Beijing would have affirmed that it believes might makes right. Whatever happens, China has got the Maxim gun and the Philippines has not. What's Manila gonna do about it?

Two, it could make a formal reply, restating how China's historic territorial rights antedate and thus supersede UNCLOS and so forth. The usual applause line about the United States' remaining outside the convention could go in as well.

Or three, Beijing could make a grand gesture and withdraw from UNCLOS altogether. It would be far from the first sovereign state to have second thoughts about an accord and denounce it. But having a major seafaring state leap outside the constitution for the nautical domain - and attempt to subvert it within important zones on the map - could make for parlous times. What happens to the system under such circumstances, when a founding member turns outsider turns spoiler.

It's doubtful China, which benefits as much as anyone from the rules governing the maritime order, would do anything so rash. Doubtful, but not unthinkable. The Naval Diplomat, for one, hopes legal eagles and their political overseers think ahead about this one.


The Diplomat


Edited by Hong Nam, Sep 25 2014, 10:32 PM.

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