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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 (50,548 Views)
gammy322
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Philippines wins round 1 in historic case vs China



MANILA, Philippines (UPDATED) – In a round one victory for the Philippines, a United Nations-backed arbitral tribunal at The Hague, Netherlands, unanimously decided it has the right to hear Manila’s historic case against Beijing.

The tribunal effectively rejected China's strongest argument against the Philippines: that the tribunal at the Permanent Court of Arbitration in The Hague has no right to hear the Philippines' case.

In a news release late Thursday evening, October 29, the tribunal said it “has held that both the Philippines and China are parties” to the United Nations Convention on the Law of the Sea, and therefore “bound by its provisions on the settlement of disputes.”



http://www.rappler.com/nation/111142-philippines-china-case-tribunal-jurisdiction-award?utm_source=facebook&utm_medium=referral
Edited by gammy322, Oct 30 2015, 01:56 AM.
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Hong Nam
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Bought by China

Breaking: UNCLOS Tribunal Rules Against China,
Unanimously Finds It Has Jurisdiction Over Philippines South China Sea Claims


by Julian Ku




- It is worth noting that the tribunal unanimously ruled that it can proceed to the merits on seven out of 15 of the Philippines' claims, and that it reserves the question of jurisdiction on seven other claims as being so interwoven with the merits that it cannot be resolved without first considering the merits.

- The Tribunal did find that the question of whether the Scarborough Shoal is a "rock" or an "island" is clearly within the jurisdiction of the Tribunal, irrespective of the merits. It did so because it held that there are no overlapping sovereignty or sea boundary claims that might impact the determination.

- Will China continue to claim it is not bound by the Tribunal for lack of jurisdiction, when the Tribunal has now found it has jurisdiction? China would more clearly be in violation of UNCLOS now than it was before, because UNCLOS Article 288(4) makes it clear that "In the event of a dispute as to whether a court or tribunal has jurisdiction, the matter shall be settled by decision of that court or tribunal."




Opinio Juris



Edited by Hong Nam, Oct 30 2015, 02:12 AM.

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israeli
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Philippines scores against China in UN arbitration
By Matikas Santos
INQUIRER.net
12:44 AM October 30th, 2015

The Philippines scored a victory at the international Arbitral Tribunal after the panel unanimously decided Thursday that it has jurisdiction over the maritime dispute between China and the Philippines involving parts of the South China Sea (West Philippine Sea.)

The decision means that the tribunal, convened under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS), will hold further hearings to settle the increasingly contentious dispute.

<snipped>

(...EDITED BY MODERATOR FOR LENGTH)

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Edited by MSantor, Oct 31 2015, 10:09 AM.
"To secure peace is to prepare for war." - Carl Von Clausewitz
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Hong Nam
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Bought by China

Beijing slams tribunal decision on South China Sea row
AFP
42 minutes ago


China will disregard any findings by an international tribunal on a case brought by the Philippines over disputed islands in the South China Sea, Beijing said Friday after the court decided to consider the action.

"We will not participate and we will not accept the arbitration. The ruling or the result of arbitration will not affect China's position. It won't affect China's sovereignty rights and jurisdiction in the South China Sea, our rights will not be undermined."
- Vice Foreign Minister Liu Zhenmin


As veto-wielding permanent member of the UN Security Council, the stance will put Beijing in a difficult diplomatic position if the court rules that it has violated one of the UN's own statutes.






Edited by Hong Nam, Oct 30 2015, 04:27 PM.

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MSantor
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Philippine Star

Quote:
 
China loses round 1 in international court
(The Philippine Star) | Updated October 31, 2015 - 12:00am

MANILA, Philippines - In a legal setback for Beijing, an arbitration court in the Netherlands ruled on Thursday that it has jurisdiction to hear maritime claims the Philippines has filed against China over disputed areas in the South China Sea.

Manila filed the case in 2013 to seek a ruling on its right to exploit the South China Sea waters in its 200-nautical-mile exclusive economic zone (EEZ) as allowed under the United Nations Convention on the Law of the Sea (UNCLOS).

The Hague-based Permanent Court of Arbitration rejected Beijing’s claim that the disputes were about territorial sovereignty and said additional hearings would be held to decide the merits of the Philippines’ arguments.
(...SNIPPED)
"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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Analysis: China faces mounting pressure over maritime claims
By Matthew Pennington (Associated Press) | Updated October 31, 2015 - 12:43pm

WASHINGTON — Pressure on China over its claims to most of the strategic South China Sea went up a couple of notches this week. First, the U.S. sent a warship in its most direct challenge yet to Beijing's artificial island building. Then over Chinese objections, an international tribunal ruled it had jurisdiction in a case brought by the Philippines on maritime claims.

Neither action appeared likely to stop China in its tracks, as it seeks to assert its control over resource-rich waters that it considers vital to its security. Beijing is expected to put a higher priority on what it sees as its strategic interests than its international reputation.

But it could damage China's efforts to win more respect on the global stage as it emerges as an economic and military power.

(...SNIPPED)
"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

China urges Philippines to resume talks on South China Sea spat
Reuters


China's Foreign Ministry on Friday urged the Philippines to return to the "correct path" of talks to resolve their dispute over the South China Sea.

A court in The Hague ruled on Thursday it has jurisdiction to hear some territorial claims the Philippines has filed against China over disputed areas in the South China Sea.

China has said repeatedly it will neither recognise nor participate in the case.



Edited by Hong Nam, Nov 1 2015, 02:56 AM.

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raider1011


Hague tribunal could rule on South China Sea by mid-2016, Philippines says

The Japan Times

Quote:
 
October 31, 2015

Paul Reichler said Friday he also believed that in spite of China’s rejection of the case, international pressure would eventually oblige Beijing to comply with a ruling against it. ...

“We are talking about a final judgment being issued right in the middle of 2016, perhaps June of 2016, but I am only speculating at this point,” he said.

“For the Philippines, having now established that there is jurisdiction for the tribunal to consider its claim … leaves us very optimistic that the ultimate outcome will be very successful,” Reichler said. ...

“It has not been a good week for China,” said Alexander Sullivan, an associate fellow at the Center for a New American Security in Washington. “China’s been cognizant of the possibility both that there would be some sort of demonstration of resolve to uphold international maritime law and that international arbitration would move ahead. It partly explains why they moved so quickly on the land reclamation.” ...

Sullivan said the ruling may determine that the most expansive version of China’s assertion is illegitimate, raising the possibility that China may withdraw its nine-dash-line claim before the arbitration court makes a ruling and resubmit dozens of separate claims for maritime features and the entitlements that go with them.

“It has not been a good week for China”

Is it merely a coincidence the US Navy conducted its freedom of navigation demo two days before the ITLOS ruling? :dunno:
Edited by raider1011, Nov 1 2015, 05:55 AM.
God grant me the courage not to give up what I think is right even though I think it is hopeless.

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Loyalty to the Nation ALL the time, loyalty to the Government when it deserves it.

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raider1011


In December, 2014, the US Department of State released an analysis of China's maritime claims in the SCS, which Philippine counsel Paul Reichler noted as consistent with the Philippines' arguments before ITLOS. Link to another post

December 5, 2014

This study represents the views of the United States Government only on the specific matters discussed therein and does not necessarily reflect an acceptance of the limits claimed.


US Department of State

Quote:
 
Conclusion

China has not clarified its maritime claims associated with the dashed-line maps in a manner consistent with international law. China’s laws, declarations, official acts, and official statements present conflicting evidence regarding the nature and scope of China’s claims. The available evidence suggests at least three different interpretations that China might intend, including that the dashes are (1) lines within which China claims sovereignty over the islands, along with the maritime zones those islands would generate under the LOS Convention; (2) national boundary lines; or (3) the limits of so-called historic maritime claims of varying types. ...

... Because sovereignty over South China Sea islands is disputed, the maritime zones associated with these islands would also be disputed. In addition, even if China possessed sovereignty of the islands, any maritime zones generated by those islands in accordance with Article 121 would be subject to maritime boundary delimitation with neighboring States. ...

... Under international law, maritime boundaries are created by agreement between neighboring States; one country may not unilaterally establish a maritime boundary with another country. Further, such a boundary would not be consistent with State practice and international jurisprudence, which have not accorded very small isolated islands like those in the South China Sea more weight in determining the position of a maritime boundary than opposing coastlines that are long and continuous. Moreover, dashes 2, 3, and 8 that appear on China’s 2009 map are not only relatively close to the mainland shores of other States, but all or part of them are also beyond 200 nm from any Chinese-claimed land feature. ...

... The South China Sea is a large semi-enclosed sea in which numerous coastal States have entitlements to EEZ and continental shelf, consistent with the LOS Convention; the law of the sea does not permit those entitlements to be overridden by another State’s maritime claims that are based on “history.” ... In addition, even if the legal test for historic waters were applicable, the dashed-line claim would fail each element of that test.
Edited by raider1011, Nov 1 2015, 05:41 AM.
God grant me the courage not to give up what I think is right even though I think it is hopeless.

|| Chester W. Nimitz

Loyalty to the Nation ALL the time, loyalty to the Government when it deserves it.

|| Mark Twain
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MSantor
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A Legal Analysis of the Philippine-China Arbitration Ruling

The ruling offers a glimpse into what to expect in the decision on the merits.
By James Kraska

November 02, 2015

Yogi Berra said, “It’s tough to make predictions – especially about the future.” Last week’s ruling in the Philippine-China arbitral tribunal, however, sheds light on the likely outcome of the China-Philippine arbitration case and illuminates an end game to the crisis. In short, the tribunal’s decision to determine the legal entitlements of ten disputed features in the South China Sea significantly weakens China’s hand and benefits the Philippines and the other claimant states. The merits decision will not decide which states ultimately have sovereignty over any of the disputed features, but the tribunal’s decision on the merits likely will recognize that the small reefs and islands at issue are entitled to either no or perhaps very small maritime zones.

Having lost on the issue of maritime zone entitlements at the jurisdictional phase of the arbitration, China is now set to lose on the issue on the merits due to the geologic and geographic facts of the contested features. The natural and physical composition and verticality of the features, and their situational adjacency with large territories (namely, the Philippine islands of Luzon and Palawan), means that the tribunal likely will issue a decision next year that will deeply undermine China’s legal claims and strategic position.

The jurisdictional phase separated those issues that the tribunal will decide during the merits phase from those issues that are shelved. China was able to shield from the tribunal’s scrutiny its most audacious claims. For example, the tribunal did not agree to adjudicate China’s specious historic dashed-line claim or determine sovereignty over any feature in the South China Sea. It avoided jurisdiction over the question of whether Mischief Reef and Second Thomas Shoal are part of the Philippine exclusive economic zone (EEZ) and continental shelf, although I predict that the tribunal actually will make this determination obliquely and tacitly in favor of the Philippines during the merits stage. Even though the decision on the merits will not address sovereignty over the features or the dashed-line claim, it will nonetheless severely undercut China’s position on both issues. How? By so reducing the entitlements generated by these features to no more than a tiny territorial sea, the reefs become remote, isolated outposts surrounded by Philippine EEZ; their value becomes nugatory. This ironic outcome is number seven of the “Nine Ironies of the South China Sea.”

(...SNIPPED)


"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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