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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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Topic Started: Jan 22 2013, 05:03 PM (50,546 Views)
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MSantor
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Nov 24 2015, 09:36 PM
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Philippine Star
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Philippines ready for hearing on merits vs China By Patricia Lourdes Viray (philstar.com) | Updated November 24, 2015 - 10:12am
MANILA, Philippines — The Philippine delegation is prepared to present the country's case for the first round of oral arguments on merits before the arbitral tribunal at the Permanent Court Arbitration in The Hague, Netherlands, Malacañang said on Tuesday.
"Solicitor General Florin Hilbay and principal counsel Paul Reichler briefed the Philippine delegation on the expected flow of the proceedings for the hearing days, assuring that we are fully prepared to present our case to the Tribunal," Deputy Presidential Spokesperson Abigail Valte said in a statement.
The hearings are scheduled to begin on November 24 and last until November 30.
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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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Nov 25 2015, 09:10 PM
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Philippine Star
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Day 1 at The Hague: Philippines hits China's lack of basis on claims By Patricia Lourdes Viray (philstar.com) | Updated November 25, 2015 - 11:48am The entire Philippine delegation to the Permanent Court of Arbitration in The Hague, Netherlands is composed of 48 individuals, including six Philippine ambassadors from different posts in Europe, counsel, advocates, expert witnesses and support staff. Official Gazette
MANILA, Philippines - The Philippines focused on the lack of basis for China's historic claims over the nine-dash line in the South China Sea during the first day of the oral arguments of the hearing on merits at the Permanent Court of Arbitration at The Hague, Netherlands.
Solicitor General Florin Hilbay took the floor to present the country's sequence of arguments before the tribunal, Deputy Presidential Spokesperson Abigail Valte said.
Meanwhile, principal counsel Paul Reichler focused in China's historic right claim and how it was derived under the United Nations Convention on the Law of the Sea (UNCLOS).
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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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Nov 26 2015, 06:27 AM
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Philippine Star
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Philippines: No basis in international law for Chinese claims By Pia Lee-Brago and Aurea Calica (The Philippine Star) | Updated November 26, 2015 - 12:00am
MANILA, Philippines - China’s expansive claims in disputed waters have no basis in the United Nations Convention on the Law of the Sea (UNCLOS) and encroach on the rights of coastal states, the Philippines told a UN tribunal Tuesday.
The hearing on the merits of Manila’s case against Beijing with the Permanent Court of Arbitration in The Hague began on Nov. 24 with the Philippine legal team presenting its arguments on why China’s “historic” claims and “nine-dash line” should be considered unlawful and without basis.
Solicitor General Florin Hilbay led in presenting the country’s “sequence of arguments.” A bulletin issued by Manila’s legal team cited principal counsel Paul Reichler’s telling the tribunal that there is no provision in UNCLOS validating China’s so-called historic claims in the West Philippine Sea and South China Sea. Beijing has insisted its position is based on UNCLOS.
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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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Nov 27 2015, 09:19 PM
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Philippine Star
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Day 3 at The Hague: China caused 'close to catastrophic' damage to reef By Camille Diola (philstar.com) | Updated November 27, 2015 - 10:39am
MANILA, Philippines — An expert witness for the Philippines's case against China on Thursday said China's reclamation and fishing activities in the West Philippine Sea caused "close to catastrophic" damage to the coral reef system.
On the third and last day of the hearing on merits at The Hague, the Philippines's legal team headed by Paul Reichler presented political geographer Clive Schofield from the University of Wollongong and biology professor Kent Carpenter from the University of Hawaii as expert witnesses deemed to have "independent" analyses "based on their areas of specialization," Deputy Presidential Spokesperson Abigail Valte said in a bulletin.
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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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Dec 4 2015, 12:42 AM
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Diplomat
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Philippine FM: China’s 9-Dash Line a ‘Berlin Wall of the Sea’
Before an arbitral tribunal, the Philippines’ foreign secretary slams China’s actions in the South China Sea. shannon-tiezzi By Shannon Tiezzi December 03, 2015
On Monday, the Philippines finished presenting its arguments on the South China Sea issue before an international tribunal in The Hague. The Philippines, as Diplomat readers know, filed an arbitration case against China on the South China Sea issue in 2013, seeking clarity on the legality of China’s nine-dash line, the status of certain features in the South China Sea, and the Philippines’ own maritime rights in the disputed region. Arguments on the merits of the case opened on November 24.
On November 30, Philippine Secretary of Foreign Affairs Albert del Rosario wrapped up the Philippine position in his concluding remarks. In the speech, del Rosario praised the power of international law to bring clarity to the disputes. He also accused China of “failing” to uphold international law.
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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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Dec 24 2015, 12:21 PM
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A retired Royal Australian Navy commodore and a US Navy JAG officer examine the pros and cons of the recent US FONOPS in the South China Sea:
Diplomat
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The Strategist, the Lawyer and the South China Sea
Understanding law and politics in contested waters. By Kerry Lynn Nankivell December 22, 2015
Readers of The Diplomat were recently afforded an exchange by two leading experts in South China Sea disputes. Dr. Sam Bateman, a retired commodore of the Royal Australian Navy (RAN), wrote of the strategic problems associated with U.S. Freedom of Navigation Operations (FON OPS) in the South China Sea. Bateman warns of the United States “militarizing” a sensitive circumstance and “turning back the clock” on international law. Responding to these claims, Commander Jonathan Odom, judge advocate general (JAG), former oceans policy advisor in the Office of the Secretary of Defense, and current military professor at the Daniel K. Inouye Asia Pacific Center for Security Studies, defended the FON OPS program by noting the legal errors underpinning Bateman’s argument.
At face value, each author’s analysis is useful but incomplete. Accepting Bateman’s approach means believing that FON OPS are illegal, or at least legally controversial. As Odom retorts, this is simply untrue. But accepting Odom’s legal defense of freedom of navigation as the last word in the South China Sea is to ignore the central geopolitical questions at hand. In the final reading, the lawyer’s discussion places boundaries on what is legitimately contested in the South China Sea in a way that the strategist finds hard to accept, while the strategist raises questions that the law can’t answer. Both Odom and Bateman make an important contribution to understanding the circumstance unfolding, though their arguments only relate to each other indirectly. This failure to communicate reflects the shrinking space for dialogue in the U.S.-China relationship itself, which sometimes rehearses the same arguments.
The Bateman-Odom dialogue carries special lessons. Precisely because the lawyer and the strategist find it hard to directly engage one another, their dialogue can teach us about the relationship between law and geopolitics in the South China Sea disputes and what it means for strategy and operations.
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Edited by MSantor, Dec 24 2015, 12:22 PM.
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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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Ayoshi
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Feb 12 2016, 11:16 AM
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Philippines keen on Hague final ruling on case vs China in May | interaksyon - February 10, 2016
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“We hope that the decision will come out before May. We don’t know what the chances of that might be but it looks doable from where we sit,” Del Rosario said at a lunch reception he hosted for journalists.
<snipped>
Del Rosario said the South China Sea would be part of the agenda of the upcoming Association of South East Asian Nations-US Summit in Sunnyland, Rancho Mirage, California on Feb. 15 to 16.
The meeting, hosted by US President Barack Obama, will be attended by President Benigno S. Aquino III and his nine other counterparts from Singapore, Thailand Malaysia, Indonesia, Brunei, Vietnam, Cambodia, Laos and Myanmar.
The territorial rifts will also be raised by the Philippines at an ASEAN ministerial meeting in Vientiane, Laos in April.
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Hong Nam
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Feb 20 2016, 09:56 PM
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Bought by China
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EU joins US in warning China not to ignore PH arbitration case ruling February 19, 2016 by Ron E.J. Carleon
* European Union and the United States warns China against dismissing court’s ruling on Manila’s arbitration case * An EU official says that a joint Western and world opinion would send a strong message to Beijing * The US also warns China will be held accountable if it chooses not to respect the ruling
"If we unanimously support that international law as formulated by the international tribunal in the Hague needs to be upheld, that's a very strong message and will be very difficult to ignore. A joint Western, a joint world opinion, matters also for Beijing." - Klaus Botzet, head of the political section of the EU Delegation at the seminar at Washington's Center for Strategic and International Studies
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 Constructions Mecaniques de Normandie - C Sword 90
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MSantor
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Feb 28 2016, 12:11 PM
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This sounds more like wishful thinking to me, unless the US is willing to enforce that UN ruling.
Manila Bulletin
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China will be bound by UN ruling on maritime case raised by PH – US by AFP and AP February 28, 2016
Washington – A senior US official says that an upcoming ruling on a case brought by the Philippines to arbitrate territorial claims in the South China Sea will also be binding on China despite its boycott of the proceedings.
China contends it won’t be bound by the ruling that the Hague-based tribunal will deliver this year. Chinese Foreign Minister Wang Yi said Thursday that Beijing did not consent to arbitration and would not reconsider its position.
But White House Asia policy director Daniel Kritenbrink said Friday the ruling will be binding on both nations as parties to the UN Convention on the Law of the Sea.
He said that in a recent summit, President Barack Obama and Southeast Asian leaders agreed on the need to respect such legal processes for resolving disputes.
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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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bandofbros
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Feb 28 2016, 06:12 PM
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- MSantor
- Feb 28 2016, 12:11 PM
This sounds more like wishful thinking to me, unless the US is willing to enforce that UN ruling. Manila Bulletin- Quote:
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China will be bound by UN ruling on maritime case raised by PH – US by AFP and AP February 28, 2016
Washington – A senior US official says that an upcoming ruling on a case brought by the Philippines to arbitrate territorial claims in the South China Sea will also be binding on China despite its boycott of the proceedings.
China contends it won’t be bound by the ruling that the Hague-based tribunal will deliver this year. Chinese Foreign Minister Wang Yi said Thursday that Beijing did not consent to arbitration and would not reconsider its position.
But White House Asia policy director Daniel Kritenbrink said Friday the ruling will be binding on both nations as parties to the UN Convention on the Law of the Sea.
He said that in a recent summit, President Barack Obama and Southeast Asian leaders agreed on the need to respect such legal processes for resolving disputes.
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Wishful thinking for the US or the PH?
Recently US and EU have said that they will oblige China to respect whatever outcome of the tribunal. And so it seems that includes economic powers Japan and Australia.
This notices are not coming from PH, they are coming from other countries. Lets thank them at least.
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