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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 (50,549 Views)
MSantor
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Diplomat

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How China Views the South China Sea Arbitration Case
A look at China’s position on the case — and how it could respond if the tribunal rules in the Philippines’ favor.


By Xue Li
July 14, 2015

On December 7, 2014, China’s Foreign Ministry was authorized to release the “Position Paper of the Government of the People’s Republic of China on the Matter of Jurisdiction in the South China Sea Arbitration Initiated by the Republic of the Philippines.” Various explanations have been offered for this by media outlets both in China and abroad, and the issue is of renewed importance today. The Permanent Court of Arbitration in The Hague finished hearing the Philippines’ oral arguments this week, but as China refuses to participate in the arbitration, the December position paper remains the clearest outline of China’s stance on the case. What are the highlights and features of the document? What was the effect of publicly releasing this document? And what will China’s next step be?

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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

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Hong Nam
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Bought by China

China says US trying to influence PHL’s case before the arbitral tribunal
GMA Network News
July 24, 2015



BEIJING - China's Foreign Ministry said on Friday the United States was trying to influence a South China Sea arbitration case filed by the Philippines after a senior U.S. official said China would be obligated to abide by the tribunal's decision.

U.S. Assistant Secretary of State Daniel Russel told a conference in Washington this week that as both Beijing and Manila are signatories to the U.N. Convention on the Law of the Sea, legally they have to abide by the tribunal's decision.

"Attempting to push forward the arbitration unilaterally initiated by the Philippines, the U.S. side just acts like an 'arbiter outside the tribunal', designating the direction for the arbitral tribunal established at the request of the Philippines. This is inconsistent with the position the U.S. side claims to uphold on issues concerning the South China Sea disputes," the ministry added, calling on Washington to live up to its promises and not take sides.

China has become increasingly assertive in the South China Sea with rapid reclamation around reefs in the Spratly archipelago in particular sparking concern, both in the region and in the United States. — Reuters


Edited by Hong Nam, Jul 25 2015, 04:30 PM.

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Hong Nam
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Bought by China

Collateral benefit and damage
Who will be the winners and losers from the upcoming South China Sea judgement?
by Malcolm Cook

Indonesia and Malaysia - A ruling favourable to Manila would validate the present legal positions of Indonesia and Malaysia.

Indonesia's position is that there is no maritime boundary dispute between Indonesia and China as China's 9-dash line claim is without legal basis and Indonesia does not recognise China's claim. Indonesia's claim in the South China Sea is based upon its continental shelf, as is that of Malaysia.

Vietnam - Problematic for Hanoi as part of Vietnam's rejection of China's nine-dash line claim is that China's historical rights are much less compelling than those of Vietnam.

A positive ruling for Manila also would support Vietnam's rejection of China's nine-dash line claim. However, Vietnam's own expansive maritime boundary and territorial claim in the South China Sea does not rely solely on its continental shelf but, as with China, also on Vietnam's historic rights. If the ruling on the Philippine case limits or discredits China's historic rights basis for its nine-dash line claim, this could be problematic for Hanoi.

Taiwan - A positive ruling for Manila could have the biggest impact on them and may add to calls to reduce Taiwan's South China Sea claim.

The People's Republic of China's nine-dash line claim is based on the 1947 claim by the Kuomintang government in China that is the basis of Taiwan's claim. Hence a ruling against China's claim would act as a ruling against Taiwan's claim as well.


Asia & The Pacific Policy Society


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A tribunal ruling unfavourable to China likely would inflame China's ire towards the Philippines and provide Beijing, in its eyes, a reason to further delay Code of Conduct negotiations or even walk away from them. The Philippine case against China is definitely ground-breaking. A ruling in favour of Manila likely would be of collateral benefit to Indonesia and Malaysia and of collateral damage to Taiwan's present claim and to ASEAN unity and centrality on this issue. Vietnam's present claim could receive a bit of both.










Edited by Hong Nam, Aug 7 2015, 02:33 PM.

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MSantor
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ABS-CBN

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Carpio warns of arms race in disputed sea

By Ryan Chua, ABS-CBN News
Posted at 08/12/2015 7:55 PM
MANILA - Supreme Court (SC) Associate Justice Antonio Carpio has warned of an arms race in the West Philippine Sea (South China Sea) in case a United Nations (UN) arbitral tribunal tackling the Philippines' territorial dispute with China makes an unfavorable decision for Manila.

Carpio, an expert on the matter, was at the Senate on Wednesday to give lawmakers a briefing on the disputed sea and the Philippines' case before a UN tribunal.

Speaking to journalists after the one and a half hour meeting, Carpio said the Philippines can expect a ruling on whether the tribunal has jurisdiction over the case by August or September. If the court decides it has...

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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."
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MSantor
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Should the Philippines’ South China Sea Case Against China Proceed?
China argues that it should not, on jurisdictional grounds.


By Sean Mirski
August 21, 2015

Two and a half years ago, the Philippines took an unprecedented step to shake up the territorial dispute roiling the waters of the South China Sea. For years, six nations – including the Philippines and China – have wrestled over control of a smattering of islands and reefs dotting the oceanic expanse. At times, the dispute has been heated, even violent, but it largely played out within the four corners of the sea itself. That changed when Manila brought the dispute into the halls of the Peace Palace, the home of the Permanent Court of Arbitration. The island nation legalized the conflict by instituting arbitral proceedings against China, essentially suing Beijing for its allegedly aggressive and “unlawful” behavior in the South China Sea.

The case has meant much to many. To the Philippines, it bears out “the conviction that principles trump power; that law triumphs over force; and that right prevails over might.” Others have suggested that the suit implicates the vitality of the maritime dispute settlement system, or even that it is really a case about the validity of international law itself.

But there’s a chance that the case will be stopped in its tracks long before the tribunal has the opportunity to take on any of these issues. If China gets its way, the court will rule that it lacks authority to hear the Philippines’s claims because they exceed the bounds of its jurisdiction.

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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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MSantor
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Who Will ‘Win’ in the Philippines’ South China Sea Case Against China?
A look at what the case could mean for Asia and Beijing’s ‘peaceful rise.’


By Truong-Minh Vu and Trang Pham
August 28, 2015

China’s military might, economic power, and cultural sway might be enough to make the country a great power. Yet these resources are not sufficient to help Beijing achieve its political and strategic goals through coercion or going it alone. In military terms, China is still behind America. Economically, its power is reliant on other states, especially with neighboring countries.

China’s paradox, therefore, is that while its rising capabilities may seem to afford it the opportunity to pursue alternatives to the existing rules, its reputation and credibility are insufficient to establish new rules altogether which can be widely accepted by its Asian neighbors. Chinese approaches to international institutions and rule of law in the South China Sea, especially with respect to the arbitration case initiated by the Philippines, is one of the most significant examples supporting this argument.

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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


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MSantor
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Philippine Star

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US expects China, Philippines to abide by UN ruling
By Jose Katigbak (The Philippine Star) | Updated October 4, 2015 - 12:00am

Kerry on sea row: Rights of all claimants must be respected
WASHINGTON – Should a UN tribunal rule it has jurisdiction over a case brought by the Philippines against China’s nine-dash claim over the South China Sea, any arbitral decision the court makes would be binding to both countries, US Assistant Secretary of State for East Asian and Pacific Affairs Daniel Russel said.

As a matter of international law the United States and the international community expect both countries to honor their treaty obligations, he said.

US Secretary of State John Kerry, in a separate meeting with ASEAN foreign ministers over the weekend, underscored the need for countries to respect the rights of one another.

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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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Gotta love China's hypocrisy on this: should we surprised?

Diplomat

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Did China Just Hack the International Court Adjudicating Its South China Sea Territorial Claims?

Sometimes context and timing can be damning evidence
.

By Jason Healey and Anni Piiparinen
October 27, 2015

Attribution for cyberattacks is said to be notoriously difficult, but sometimes context and timing are damning evidence.

In July, the Permanent Court of Arbitration in The Hague conducted a hearing on the territorial dispute in the South China Sea between the Philippines and China. On the third day of the hearing, the Court’s website was suddenly knocked offline. The attack, made public by Bloomberg last week, reportedly originated from China and infected the page with malware, leaving anyone interested in the landmark legal case at risk of data theft.

The two countries are in the midst of a decades-long dispute over the Scarborough Shoal and other territories in the South China Sea, which should come as no surprise to readers of The Diplomat. Just in case, here’s the backstory: In a precedent-setting turn this summer, when the Permanent Court of Arbitration began hearing a case brought by the Philippines that argues that China’s territorial claims violate international law under the UN Convention on the Law of the Sea.

In an attempt to deter the Chinese expansion, “the Philippines is asking the court to rule on the validity of China’s nine-dash line as a maritime claim; the status of individual features that China occupies; and Beijing’s interference in Philippine activities in the South China Sea.” If successful, the Philippines’ legal challenge might set a precedent for other Southeast Asian countries to non-militarily wrestle China over the disputed waters.

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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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MSantor
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Philippines v. China: Court Rules Favorably on Jurisdiction, Case Will Proceed

China’s nine-dash line will have its day in international court.

AVw7kxXY
By Ankit Panda
October 30, 2015

On Thursday, October 29, the Permanent Court of Arbitration awarded its first decision in the The Republic of Philippines v. The People’s Republic of China. The court ruled that the case was “properly constituted” under the United Nations Convention on the Law of the Sea, that China’s “non-appearance” (i.e., refusal to participate) did not preclude the Court’s jurisdiction, and that the Philippines was within its rights in filing the case. In short, Thursday’s decision means that the Permanent Court of Arbitration rules in the Philippines’ favor on the question of jurisdiction. With the jurisdictional issue resolved, the case can move forward to evaluating the merits of the Philippines’ legal assertions in the South China Sea.

In a press release, the Court noted that the decision was “unanimous” and “concerns only whether the Tribunal has jurisdiction to consider the Philippines’ claims and whether such claims are admissible.” Notably, the Court has rejected an argument in China’s position paper that the “2002 China–ASEAN Declaration on the Conduct of Parties in the South China Sea constitutes an agreement to resolve disputes relating to the South China Sea exclusively through negotiation.” The Court has decided that the Declaration on Conduct was a “political agreement that was not intended to be legally binding.” This may influence the already lethargic process between China and ASEAN toward a binding Code of Conduct for the South China Sea.

As the Court prepares to consider the merits of the Philippines’ claims, it’s worth revisiting what exactly Manila is seeking a decision on. As Jay Batongbacal succinctly outlined over at the Center for Strategic and International Studies’ Asia Maritime Transparency Initiative earlier this year, Manila is looking for the Court to decide on four primary questions.

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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
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Bought by China


The Permanent Court of Arbitration's press release can be read in it's entirety here.




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