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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 (50,541 Views)
Ayoshi
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International court rules in favor of Philippines in South China Sea dispute | CNN
Quote:
 
In a statement released straight after the ruling, the Philippines government said it "strongly affirms its respect for this milestone decision as an important contribution to ongoing disputes in the South China Sea."
The Philippines and China have long been at odds over Beijing's claims of sovereignty over large swathes of the South China Sea, and Manila took its fight to the Hague-based Permanent Court of Arbitration in 2013.


Rappler
Quote:
 
Three-year process

This ruling by an arbitral tribunal in The Hague, Netherlands, comes after a 3-year process pursued by Manila but snubbed by Beijing.

The Philippines made the following moves in pursuing the case for the past 3 years:

* Filing a case against China on January 22, 2013
* Submitting a 4,000-page pleading or memorial on March 30, 2014
* Submitting a 3,000-page supplemental memorial on March 17, 2015
* Appearing before the arbitral tribunal in The Hague from July 7-13, 2015, to argue that the tribunal has the right to hear the Philippines’ case
* Returning to The Hague to discuss the merits of its case against China from November 24-30, 2015

President-elect Rodrigo Duterte said he wanted to wait for this ruling before deciding on the Philippines’ next moves in the sea dispute.


Edited by Ayoshi, Jul 12 2016, 05:58 PM.
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icefrog
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Vietnam sees the ruling as extremely positive. Taiwan's reaction is a bit defiant as the ruling also said that Tai Ping island is not an island but a mere rock and so only have a 12nm EEZ as oppose to it having its own 200nm EEZ. This also means our own pag asa island is also a "rock" and not an island with its own 200nm EEZ. However that is a little moot as pag asa is within the Philippines' general 200nm EEZ.

It's a clean sweep in favor of us. Slam dunk.
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raider1011


None of the fiercely disputed Spratly Islands, the UN body found, were “capable of generating extended maritime zones … [and] having found that none of the features claimed by China was capable of generating an exclusive economic zone, the tribunal found that it could — without delimiting a boundary — declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China.”

The Guardian

It is notable the manner Yasay downplays this ruling as a mere "contribution to ongoing disputes" - as in non-conclusive - instead of the knockout blow bluntly delivered by the words above. Foreigners are rushing to the Philippines' aid but some Filipinos... :dunno:
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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Ayoshi
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The Diplomat - July 12, 2016
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Part of the Court’s reasoning on historic rights considered historical evidence, concluding that while China may have made use of the islands in the South China Sea, there was no strong evidence that China “had historically exercised exclusive control over the waters or their resources.” This latter point is a particularly strong rebuttal to China’s position and its rhetoric on the South China Sea.

The Court’s decision also rules that Chinese reclamation activities in the Spratly Islands, where the country has built seven artificial islands, are illegal under UNCLOS. Clarifying its reasoning for ruling Itu Aba–the largest South China Sea feature and one with a substantial Taiwanese presence–an island, the Court said that under Article 121.3 of UNCLOS, the clause defining what constitutes an island, a “stable community of people” is a necessary requirement. Taiwan had submitted its case to the Court for why Itu Aba should have been considered an island, claiming that the feature had the self-sufficient means necessary to sustain human life, including fresh water.


The 500-page award, accompanied by a 11-page press release, were released to the public at 11:00 a.m. local time in the Hague.
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Ayoshi
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Full text of statement of China's Foreign Ministry on award of South China Sea arbitration initiated by Philippines
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With regard to the award rendered on 12 July 2016 by the Arbitral Tribunal in the South China Sea arbitration established at the unilateral request of the Republic of the Philippines (hereinafter referred to as the "Arbitral Tribunal"), the Ministry of Foreign Affairs of the People's Republic of China solemnly declares that the award is null and void and has no binding force. China neither accepts nor recognizes it.

Source: Xinhua | 2016-07-12 17:44:28 | Editor: huaxia
http://news.xinhuanet.com/english/2016-07/12/c_135507744.htm
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icefrog
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raider1011
Jul 12 2016, 06:02 PM
None of the fiercely disputed Spratly Islands, the UN body found, were “capable of generating extended maritime zones … [and] having found that none of the features claimed by China was capable of generating an exclusive economic zone, the tribunal found that it could — without delimiting a boundary — declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China.”

The Guardian

It is notable the manner Yasay downplays this ruling as a mere "contribution to ongoing disputes" - as in non-conclusive - instead of the knockout blow bluntly delivered by the words above. Foreigners are rushing to the Philippines' aid but some Filipinos... :dunno:
The present administration is only playing it smart. They already said beforehand that they will study the ruling first before making an official statement or comment. Yasay's press statement is to only to "welcome" the favorable ruling and to appeal for restraint on all parties. They want to be as non confrontational as possible as a first or initial reaction.

By doing this, this present administration has bought itself time to fully study on how it will respond. It's either a strongly worded statement or something the opposite or a mix. If they outrightly came out with a strongly worded statement those words can be used by the Chinese and add more fuel to the fire as well already know that a favorable decision would be a slap on the face of the Chinese and embarrasses them. In their culture, this clean sweep is loosing face.

I agree with how Yasay responded. We can always come out with a strongly worded statement later on that is crafted very meticulously and better 'worded' since the present administration's legal team has fully studies it already. A strongly worded statement hastily crafted may be used as an excuse by the Chinese to double-down or further accelerate what they are current doing now.

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Hong Nam
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Bought by China


This for me is the best:

Quote:
 

The tribunal also found that none of the features in the Spratly islands - including Itu Aba which is controlled by Taiwan - is capable of generating extended maritime zones, and that the islands as a unit is also not capable of generating maritime zones collectively.






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gammy322
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#CHEXIT NOW!!!

It is high time that China accepts this ruling as it will worsen their faces in the international community!
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Hong Nam
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Bought by China

icefrog
Jul 12 2016, 05:59 PM

However that is a little moot as pag asa is within the Philippines' general 200nm EEZ.




What does "within the Philippines' general 200nm EEZ" mean?



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icefrog
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This could embolden other claimants and as well as Japan to go the same route with Vietnam, Japan and possibly even Indonesia the countries most likely to go to international court as well.

Taiwan? She should be very careful. Almost all countries of importance are with the side of the Philippines. Many countries don't even consider/recognize Taiwan as a country by itself.
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