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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 (50,555 Views) | |
| Andres Boning | Jun 8 2015, 11:23 PM Post #421 |
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This is just common sense, if let's say China really owns Scarborough Shoal, Spratly Islands etc., that means it owns the Philippines as well..? The Island of Luzon is much closer due to it's proximity to and from mainland China, then why not claim Luzon first..? As simples as asking, how come they can't lay a claim or don't own Vietnam, Japan, Russia, India etc. which are much more closer to them??? It's pretty clear that they chose to bully a small Country like the Philippines, for being the weakest link, for having a weak Military, close to nil capability, to defend itself. PEACE means having a bigger stick same as your enemy!
Edited by Andres Boning, Jun 8 2015, 11:28 PM.
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| Hong Nam | Jun 14 2015, 01:16 AM Post #422 |
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Bought by China
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The importance of evidence: Fact, fiction and the South China Sea By Bill Hayton, TN News Friday, June 12, 2015 In just a few weeks, international judges will begin to consider the legality of China’s ‘U-shaped line’ claim in the South China Sea. China’s best hope is that the judges will rule themselves out of order because if they don’t, and the Philippines’ case proceeds, it’s highly likely that China will suffer a major embarrassment. China’s strategy in the ‘lawfare’ over the South China Sea is to deploy historical arguments in order to outflank arguments based on UNCLOS. But there is a major problem for China in using these historical arguments. There’s hardly any evidence for them. After decades of mis-education, the Chinese population and leadership seem convinced that China is the rightful owner of every feature in the Sea – and possibly of all the water in between. This view is simply not supported by the evidence from the 20th century. The problem for the region is that this mis-education is not limited to China. Unreliable evidence is clouding the international discourse on the South China Sea disputes. Advocates of the Chinese position published new versions of history that often recycled earlier mistakes and sometimes added in more of their own. By the time these accounts leapt the language barrier into English in the mid-1970s their shaky foundations appeared solid to those exploring the history for the first time. They were printed in western academic journals and ‘became fact’. But a review of their sources reveals their inherent weakness. It is no longer good enough for advocates of the Chinese claim to base their arguments on such baseless evidence. It is time that a concerted effort was made to re-examine the primary sources for many of the assertions put forward by these writers and reassess their accuracy. The resolution of the disputes depends on it - both in the courtrooms of The Hague and in the waters of the South China Sea. Source Edited by Hong Nam, Jun 14 2015, 01:25 AM.
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| Hong Nam | Jun 14 2015, 01:22 AM Post #423 |
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Bought by China
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^^
Edited by Hong Nam, Jun 14 2015, 01:35 AM.
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| pachador | Jun 14 2015, 02:01 PM Post #424 |
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my hunch based on the condemnation from G7, india, japan, australia, USA, EU, and other countries is that the ruling will favor the philippines aside from the facts/evidence that on the surface of it - favors us. my question is whether this ruling i dependent on all judges agreeing(in which case a deadlock can occur even if only one judge demurs) or is simple majority among the ITLOS judges sufficient.... Edited by pachador, Jun 14 2015, 02:03 PM.
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| bandofbros | Jun 14 2015, 07:57 PM Post #425 |
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it would be a humongous achievement if we win the UNCLOS case... and assuming base on all the correct sources that we are right and won, what now? What will happen to Scarborough? Would the PCG come back? defy the CCG? Would the PCG then protect Filipino fishermen? What would happen to Ayungin? Would the PN retain their dilapidated ship? Or fortify it? Create a patrol task force around Ayungin and drive the CCG and PLA-Navy away? Because even a positive ruling for the PH will definitely NOT change actions from the Chinese and more probably would exaggerate their claim after the ruling. And whatever the ruling is, PH as the main and ONLY proponent, PH will be binded by it. PH needs to uphold the ruling or face a sanction from the UN. A favorable ruling would not define the Chinese actions, but it would define our actions in the WPS... but what would these be? Nobody is discussing that. Even from this forum... all is centered about the war machines, the specs, about wether its a guided rocket or not, are we getting a P3C or not, from the US or not, from Sokor or not, from the Aussies or not. I haven't seen much discussions on this forum but probably the executive branch's policy had been tight lipped as well. But even the expert analyst seem to miss this point too. |
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| Hong Nam | Jun 14 2015, 09:29 PM Post #426 |
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Bought by China
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That much is true. But perhaps members of this forum would choose to wait for the decision before "unleashing the flood-gates" of opinion. One thing is sure. There is always a risk that "positive" actions could lead to a conflict, however the risk of inaction is equally the same. Therefore a delicate game of brinkmanship is at hand. You might as well do something rather than nothing at all if the odds of an unfavourable outcome are even. In an uneven playing field, covert actions can be a great equaliser. |
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| AVBsupersonic | Jun 14 2015, 10:22 PM Post #427 |
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Philippines, China clash during a meeting at UN headquarters Uel Balenia - June 14, 2015 Head of the Chinese delegation at the 25th Meeting of States Parties to the United Nation Convention on the Law of the Sea (UNCLoS) Ambassador Wang Min said the Meeting of States Parties to UNCLOS held June 8 to 12 is not the venue to raise South China Sea issue after Philippines Permanent Representative to the UN Ambassador Lourdes Yparraguirre said UNCLoS, the constitution for the oceans, is being threatened by China’s behavior in entire South China Sea. The Meeting of States Parties to UNCLOS was held at UN Headquarters in New York. “If there is doubt and uncertainty on the limits of our adjacent maritime spaces affecting several States Parties in the region, and if bilateral consultations and negotiations have proven futile and one-sided because of lack of good faith, then the solution is the dispute settlement mechanism provided by UNCLOS and the UN Charter,” the diplomat from Philippines said at the meeting. “Arbitration under UNCLOS is a pacific and rules-based mode of settling disputes.” more- http://www.angmalaya.net/nation/2015/06/14/11399-philippines-china-clash-during-a-meeting-at-un-headquarters >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> It's time to teach them some advanced practical lessons, in order for them to learn something. Edited by AVBsupersonic, Jun 14 2015, 10:54 PM.
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| "Some are just lucky that they're not under oath and are not classified!"- Blue badge | |
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| Hong Nam | Jun 15 2015, 02:53 PM Post #428 |
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Bought by China
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China is not only violating UNCLOS - Filipino diplomat by Roy Mabasa June 14, 2015 THERE is now a growing concern on the implementation of the United Nations Convention on the Law of the Seas (UNCLOS) because of China’s increasingly aggressive rhetoric and action in the South China Sea. This was pointed out by Ambassador Lourdes Yparraguirre, the country's Permanent Representative to the UN, at the week-long 25th Meeting of States Parties to the United Nations Convention on the Law of the Sea (SPLOS) at the UN Headquarters. "This threatens the integrity of the Convention, our constitution for the oceans. If there is doubt and uncertainty on the limits of our adjacent maritime spaces affecting several States Parties in the region, and if bilateral consultations and negotiations have proven futile and one-sided because of lack of good faith, then the solution is the dispute settlement mechanism provided by UNCLOS and the UN Charter…Arbitration under UNCLOS is a pacific and rules-based mode of settling disputes. To undertake this…ocean filling or reclamation, (China)…has had to dredge out and pulverize entire systems of coral reefs that took many centuries to grow, reducing them into landfill, and thus devastating the already fragile marine ecosystem and biodiversity of the region by irreparably destroying the habitat of depleted, threatened or endangered species and other forms of marine life." - Ambassador Lourdes Yparraguirre Manila Bulletin Edited by Hong Nam, Jun 15 2015, 02:54 PM.
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| MSantor | Jun 15 2015, 08:53 PM Post #429 |
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ABS-CBN
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"If you think you can do a thing or think you can't do a thing, you're right." - Henry Ford "Courage is going from failure to failure without losing enthusiasm." - Winston Churchill "If everyone is thinking alike, someone isn't thinking"- Gen. George S. Patton | |
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| Hong Nam | Jun 15 2015, 10:15 PM Post #430 |
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Bought by China
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SC justice: Bilateral talks with China could be a trap By Patricia Lourdes Viray - Philstar June 15, 2015 MANILA, Philippines - The Philippines should be careful if ever it plans to continue bilateral talks with China in relation to the disputed South China Sea, Supreme Court senior Associate Justice Antonio Carpio said. During an interview after his presentation on the rule of law in the South China Sea on Monday, Carpio warned that the Philippines may fall into China's "trap" once the negotiations occur. The United Nations Convention on the Law of the Sea (UNCLOS) requires that concerned countries negotiate first before filing a compulsory arbitration case. China claimed that the Philippines never negotiated with them. "Actually we asked them to sit down several times for several years but every time we sit down with China, they said 'We have nothing to discuss because we have indisputable sovereignty,'" Carpio explained. Carpio added that China has to agree first that the Philippines has already completed the required negotiations under the UNCLOS if ever the two countries enter bilateral talks. "China might say 'Oh you see, you have not yet entered negotiation with us so the arbitration case is premature.' We don't want China to use that argument so we have to be clear if we enter into bilateral talks with China," the associate justice added. |
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8:32 AM Jul 11