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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 (50,543 Views)
Ayoshi
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After the South China Sea Arbitration | The Diplomat

Where do we go after the panel has spoken?

Quote:
 
The 1982 United Nations Convention on the Law of the Sea (UNCLOS) is supposed to be the constitution of the oceans because it establishes important principles on how ocean resources will be allocated and disputes settled. What the negotiators of the LOS Convention never anticipated is that two of the five permanent members of the UN Security Council would, in the case of the United States, not ratify the treaty, or would, in the case of China, disregard many of the most important features of the Convention including its dispute procedures.

China has made no bones of the fact that it regards the current arbitration case brought by the Philippines to be a legal nullity because of Beijing’s “undisputed” sovereignty of the features in the South China Sea (SCS). Yet China wrote and published in December 2014 a polished Western-style legal defense analysis of its positions. A decision by the Hague-based arbitration panel is expected in any day.

This case is a big deal. The Philippines is staking its rights to fisheries and oil and gas in these areas: Scarborough Shoal, Second Thomas Shoal (the site of a beached former U.S. Navy LST), Reed Bank (or Reed Tablemount – a hydrocarbon site), and eight features in the Spratly Island chain that are also claimed by Vietnam and the Republic of China (Taiwan). Regarding the eight features, the Philippines is claiming that most are low-tide elevations and that the PRC’s occupation of those features is illegal. Three other features, it alleges, are rocks and only entitled to a 12 nautical-mile territorial sea entitlement. Also under scrutiny is the legality of China’s assertion of its nine-dashed line claim to the South China Sea as depicted in China’s 2009 filing with the UN Commission on the Limits of the Continental Shelf (CLCS).
Edited by Ayoshi, Jun 22 2016, 08:19 PM.
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AVBsupersonic
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Duterte warns against using tribunal ruling vs. China to 'taunt or flaunt' - See more at: http://www.gmanetwork.com/news/story/571930/news/nation/duterte-warns-against-using-tribunal-ruling-vs-china-to-taunt-or-flaunt#sthash.BWf2CtdT.dpuf

Amid a possible favorable ruling from the arbitration court over the territorial spat in the South China Sea, President Rodrigo Duterte on Thursday warned against using the decision to “taunt or flaunt,” saying he doesn’t want to “put the country in an awkward position.”

“We have to make up our minds but we can also prepare our people on where do we go,” Duterte told his Cabinet members in their first meeting, referring to the ruling of the Permanent Court of Arbitration to be released on July 12.

In a statement, the Netherlands-based tribunal said it has informed both Philippines and China that the decision will be handed down at approximately 11 a.m The Hague time, 5 p.m. in Manila.

The Philippines, in 2014, filed an arbitration case against China contesting Beijing’s massive claim on almost the entire South China Sea, believed to have rich deposits in oil and gas. China has refused, however, to participate in the arbitration proceedings.
“Dito, it’s a cliffhanger kasi if we decide right, we may also find alleviation of some of the problems here. Eh kung sinobrahan natin — it should be a soft-landing from everybody na kung meron man, we don’t really taunt or flaunt it,” Duterte said.

NOT so DFA Sec. Perfecto Yasay's view;
Quote:
 
“Those who are concerned about ensuring freedom of navigation and maritime security in the place seem to project the impression that if the decision will come out and it would be in our favor, [they] would like to ask for us make a stronger statement. I am averse to that idea,” Yasay said.

“The first thing that we will do is to study its implications and ramifications. What does it mean when we win? There are lots of nuisances that we do not know as yet,” he added.

Yasay cautioned that China could again harass Filipino fishermen in the disputed Scarborough Shoal, locally called Panatag Shoal and Bajo de Masinloc.
“What if, in the phase of these circumstances, China will dig in and put us to a test? They will disallow again our fishermen into Scarborough shoal. I think if this should happen, there is no point for us,” Yasay said. —JST, GMA News


- See more at: http://www.gmanetwork.com/news/story/571930/news/nation/duterte-warns-against-using-tribunal-ruling-vs-china-to-taunt-or-flaunt#sthash.BWf2CtdT.dpuf



BIG Wow!
As if they haven't put the Country in an "Awkward Position" with regards to it's Foreign Policy...

Someone is starting to be forgetful, during their election campaign period, when he lambasted and cursed every Foreign Dignitaries who says something against him.

Also these kind of talks, comments etc. should be closed doors, TS, especially low moral comments using "No point for us" coming from a DFA Sec. is a very BAD precedent.
This is like saying "Bully us more pls!" Are they starting to or trying to condition the Filipino People now for more possible PRO China approach..?

I think it's turning to be like from "Dumb and Dumber." As if the Majority of the rest of the World is not on their side.. OR They are really PRO Dark side?


The MORE they should do the ff. ASAP-

-Increased and to give top priority, to fast track the AFP Modernization Budget, Plans, Big Ticket purchases etc. for our Country to be able to stand alone, to be respected, for our Armed Forces to have the capability to be able to defend Country and to secure and protect it's interests.

Edited by AVBsupersonic, Jul 1 2016, 05:52 AM.
"Some are just lucky that they're not under oath and are not classified!"- Blue badge
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AVBsupersonic
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^Cont.
-To acquire few but potent (interim) Military hardware equipments that can instantly address our problems in WPS.

-and after^ Open all Oil n Gas service contracts in Malampaya/ Recto Bank etc. award them to our Allies like US, Australia, Japan, India etc. To support these plans and to put more money to the Country's coffers

-To give budget and Re-open Marcos'es SRDP, Rockets/ Missile Programs and many more..

-To draft & execute plans for local Warship building for PN, using ^ (New/ Interim) acquired Warships as templates.

-To mass produce Missile/ Trident MG armed MPACs, to be used as "Drones" utilizing Mapua Technology. They can be deployed on the SSVs, to be used for "Swarm Attack" strategy.


If NOT, looks like we're back to square 1, even with the ITLOS ruling favouring PH.

There is no other way for the Philippines to overcome these problems, especially if you don't do anything with regards to increasing the AFP's capabilities in order to deter, to stop these problems from continuing.

Technically, The filling of the UN tri against China should coincide with the AFPM, in anticipation for the implementation of the International law on our side.

This ruling first of it's kind, "David vs Goliath" will be an example to the rest of the World, that every Country in the World, BIG or Small, should follow. NOT honouring the law or the outcome of this ruling will create chaos around the World, a bad precedent, if this is not upheld.
Edited by AVBsupersonic, Jul 1 2016, 03:57 PM.
"Some are just lucky that they're not under oath and are not classified!"- Blue badge
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MSantor
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Interaksyon


Quote:
 
China's president talks tough ahead of tribunal ruling
By: Agence France-Presse
July 1, 2016 5:31 PM


BEIJING - China will never compromise on sovereignty, President Xi Jinping said Friday ahead of an international tribunal ruling over Beijing's maritime claims, as he celebrated the Communist Party's 95th anniversary.

The ruling party must maintain absolute power in the country, strengthen its military and establish a greater role in world leadership, Xi told serried ranks of top officials in Beijing’s Great Hall of the People, to rapturous applause.

"No foreign country... should expect us to swallow the bitter pill of harm to our national sovereignty, security or development interests," Xi said, adding: "We are not afraid of trouble."

(...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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Sgt.JCOP
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What China cannot or does not want to understand is that, by international legality, hindi nila pag-aari ang WPS.
Ito ay base lamang sa kanilang "hindi totoong" pag-aari. Ang mapa nila ay base lamang sa isang naging "history navigational area" nung mga negosyanteng lumakbay. Ito ay ayun narin sa mga expertong Instik na historians. Hindi lang sila makapagsabi ng totoo sa public dahil sila a ieexecute ng Chinese govt kapag nagsabi sila ng katotohanan na pilit itinatago ng China govt dahil gusto ng China govt na angkinin ang buong South East Asian Seas para sa ikakabuhay ng China.
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ganymede09
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AVBsupersonic
Jul 1 2016, 05:34 AM

“The first thing that we will do is to study its implications and ramifications. What does it mean when we win? There are lots of nuisances that we do not know as yet,” he added.




He should have just stopped at this statement. He's painting our government into a corner with his other self-defeating statements. palibhasa amateur in this line of work. he should be replaced with a more experienced diplomat.
Edited by ganymede09, Jul 2 2016, 09:42 AM.
LET'S RAISE OUR MIDDLE FINGERs TO THE MIDDLE KINGDOM.
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ganymede09
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First official palpakitoks of the Duterte (specifically the SFA's) administration

link

Quote:
 
In words that gave away leverage over a case that has been painstakingly undertaken by the previous administration on a diplomatic front, Yasay said he was “averse” to suggestions of taking a strong stand against China. His briefings with foreign diplomats “especially those who are concerned about ensuring freedom of navigation and maritime security … would like for us to make stronger statements” if the ruling would come to the side of the Philippines.


Yasay (possibly Duterte also) is an amateur in these matters, and it seems he also lost his cojones since his erap days.He should be replaced by a career diplomat, at least temporarily if Duterte really intends to reserve the position for Cayetano.
Edited by ganymede09, Jul 2 2016, 03:28 PM.
LET'S RAISE OUR MIDDLE FINGERs TO THE MIDDLE KINGDOM.
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icefrog
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AVBsupersonic
Jul 1 2016, 03:26 PM
^Cont.
-To acquire few but potent (interim) Military hardware equipments that can instantly address our problems in WPS.

-and after^ Open all Oil n Gas service contracts in Malampaya/ Recto Bank etc. award them to our Allies like US, Australia, Japan, India etc. To support these plans and to put more money to the Country's coffers

-To give budget and Re-open Marcos'es SRDP, Rockets/ Missile Programs and many more..

-To draft & execute plans for local Warship building for PN, using ^ (New/ Interim) acquired Warships as templates.

-To mass produce Missile/ Trident MG armed MPACs, to be used as "Drones" utilizing Mapua Technology. They can be deployed on the SSVs, to be used for "Swarm Attack" strategy.


If NOT, looks like we're back to square 1, even with the ITLOS ruling favouring PH.

There is no other way for the Philippines to overcome these problems, especially if you don't do anything with regards to increasing the AFP's capabilities in order to deter, to stop these problems from continuing.

Technically, The filling of the UN tri against China should coincide with the AFPM, in anticipation for the implementation of the International law on our side.

This ruling first of it's kind, "David vs Goliath" will be an example to the rest of the World, that every Country in the World, BIG or Small, should follow. NOT honouring the law or the outcome of this ruling will create chaos around the World, a bad precedent, if this is not upheld.

Presuming the Philippines gets favorable decision as expected there are actually multiple ways to go about on what to do diplomatically post-ruling. We can be as Duterte Saud to not to flaunt and not to taunt it so that the Chinese gets to save some face and do a graceful exit from its aggressive stance or we can make a strongly worded statement regardless if they get embarrassed by it or not. However, I think a combination or a mix of these 2 is doable. Be diplomatic and magnanimous about a favorable ruling to give the Chinese a chance to save face and to do a graceful 180 degree turn from their super aggressive stance. However, if their reaction post-ruling is going to be disrespectful and with lots of arrogance (whom they are known for) then we can do an about then ourselves and issue a very firm but non-frontational statement. Doing this we would show the world that we gave them all the chances to have a cordial and diplomatic resolution post-ruling. In, effect we let them embarrass themselves in front of the International community and we further get "pogi" points for being magnanimous and being open to bilateral talks. If they react arrogantly then they will give us all the reasons to prefer multilateral talks instead of bilateral talks. Why even do bilateral talks of you won't accept the UNCLOS ruling anyway? There's nothing to talk bilaterally and nothing can come out of it if the loosing party won't flinch or concede.

But one thing is for sure. Whatever post-ruling strategy we eventually get to implement we need to continue AFP modernization. For as long as they perceive us to be a weakling militarily then they will continue being arrogant and disrespect our sovereignty and Our neighbors sovereignty. We do not need to buy militarily equipments to match China but buy enough to at least defend ourselves and not get bullied even without help from our allies because there will come a time that even our allies would not help us or just offer token help as they have their own interests to worry about. Self reliance means not being dependent to our allies too much and we can only archive that by buying enough militarily equipments to at least defend ourselves long enough for other counties wether a close ally or not to help.
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pachador


There are three concrete steps we can do once the ITLOS ruling is in our favor:
1.)Re-start drilling in reed(Recto) bank. among all the disputed areas , this is the most important in terms of dollar value, and since this is in deeper water, there are no bully structures plus it is the closest of all the disputed reefs to Palawan at only 80 miles and can be given fire support coverage even by short range assets such as huey choppers, MD-530 choppers and patrol boats.
2.) Ayungin shoal can now be fortified or upgraded since we occupy it already and it is the one in most immediate need of repair. It is also the gateway to our other occupied reefs outward and inward to Recto bank.
3.) We can send our fishermen back to Scarborough shoal with both american and filipino warship escorts. but forcibly ejecting the bully structures is probably something that the duterte administration is referring to when it mentioned negotiations. Actually, duterte had specifically mentioned that whatever the bully structures that were built will be ours so he probably meant finding some face-saving measure to get the bully to withdraw. Obviously, if the bully becomes even more arrogrant and ramps up their harassment then all bets are off. http://news.abs-cbn.com/halalan2016/nation/04/16/16/duterte-clarifies-stand-on-china-row-npa-tax

Edited by pachador, Jul 4 2016, 12:50 AM.
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MSantor
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Philippine Star

Quote:
 
China defiant, Philippines softens as UN court set to rule
(Associated Press) | Updated July 4, 2016 - 10:59am


A look at some recent key developments in the South China Sea, where China is pitted against smaller neighbors in multiple disputes over islands, coral reefs and lagoons in waters crucial for global commerce and rich in fish and potential gas and oil reserves:

___

Editor's Note: This is a weekly look at the latest key developments in the South China Sea, home to several territorial conflicts that have raised tensions in the region.


(...SNIPPED)

Edited by MSantor, Jul 5 2016, 06:42 AM.
"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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