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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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| Tweet Topic Started: Jan 22 2013, 05:03 PM (50,591 Views) | |
| Parastriker | Jan 24 2013, 08:13 PM Post #61 |
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I have a sneaking suspicion that "veto" is the true term Mr. Raider is looking for... |
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Success through information, victory through disinformation. "Good leaders make efficient followers. Great leaders make good followers. But true leaders make leaders out of mere followers." "Measuring the intelligence of a common internet user is as easy as looking at his/her grammar." | |
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| icefrog | Jan 24 2013, 08:13 PM Post #62 |
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I was talking about that the Phil. will always have the option to retract even at the very last minute. How is Japan included w/ my retraction comment?? What if the Phils. retract at the very last minute?? Saan mo ipupulot yang non-negotiable mind-set ek-ek mo. Nasaan ka ba? Nasa Pinas ka ba? Magsalita ka parang nasa Pilipinas ka ah. Eh nasa Canada ka. Edited by icefrog, Jan 24 2013, 08:14 PM.
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| raider1011 | Jan 24 2013, 08:18 PM Post #63 |
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^Nope. I wrote "vote". Bakit magkakaroon ng rambol kung walang pagtatalunan? |
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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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| Mckoyzzz | Jan 24 2013, 08:21 PM Post #64 |
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Ipsa Scientia Potestas Est
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Based on Article 8, the only time the members of the tribunal vote for is during the decision process, which I believed after all the deliberations and hearings and presentation of cases of both parties (which would take years)... and not after the selection of the members of the tribunal itself...
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![]() "Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis" | |
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| AVBsupersonic | Jan 24 2013, 08:23 PM Post #65 |
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Be civil bro Ice! The PH Govt. have showed it's weaknesses since from the start, why is there the need to "retract" anything already done with regards to the issue with China, tayo ba ang mali o takot lang tayo??? Your idea is just to accept their "bribe" and pambobola then deceive us later on?? Nothing wrong with bilateral talks, but with regards to who owns those areas they are trying to grab/steal from us, we own them if it's inside our 200 mls EEZ and their only business if ever, that's IF we let them in our exploration ventures. Kapag sinabi kasi na "Bilateral talks" commonly your trying to fix a problem with another involve party, sa case natin at sa ginagawa nila (China) dahil wala silang concern dahil territoryo natin iyon, eh dapat Business talk lang sana at walang territory grabbing na involve. Edited by AVBsupersonic, Jan 24 2013, 08:52 PM.
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| "Some are just lucky that they're not under oath and are not classified!"- Blue badge | |
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| raider1011 | Jan 24 2013, 08:25 PM Post #66 |
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The first decision to be taken is whether the tribunal has jurisdiction to decide on the merits. That is true in any legal proceeding. Look up the term "forum shopping". |
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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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| Mckoyzzz | Jan 24 2013, 08:37 PM Post #67 |
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Ipsa Scientia Potestas Est
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Article 288 Jurisdiction 1.A court or tribunal referred to in article 287 shall have jurisdiction over any dispute concerning the interpretation or application of this Convention which is submitted to it in accordance with this Part. 2.A court or tribunal referred to in article 287 shall also have jurisdiction over any dispute concerning the interpretation or application of an international agreement related to the purposes of this Convention, which is submitted to it in accordance with the agreement. PART XV - SETTLEMENT OF DISPUTES [UNCLOS] Edited by Mckoyzzz, Jan 24 2013, 08:37 PM.
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![]() "Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis" | |
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| raider1011 | Jan 24 2013, 08:44 PM Post #68 |
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Article 298 Optional exceptions to applicability of section 2 1. When signing, ratifying or acceding to this Convention or at any time thereafter, a State may, without prejudice to the obligations arising under section 1, declare in writing that it does not accept any one or more of the procedures provided for in section 2 with respect to one or more of the following categories of disputes: SECTION 2. COMPULSORY PROCEDURES ENTAILING BINDING DECISIONS Article 287 Choice of procedure 1. When signing, ratifying or acceding to this Convention or at any time thereafter, a State shall be free to choose, by means of a written declaration, one or more of the following means for the settlement of disputes concerning the interpretation or application of this Convention: (a) the International Tribunal for the Law of the Sea established in accordance with Annex VI; (b) the International Court of Justice; (c) an arbitral tribunal constituted in accordance with Annex VII; (d) a special arbitral tribunal constituted in accordance with Annex VIII for one or more of the categories of disputes specified therein. 3. A State Party, which is a party to a dispute not covered by a declaration in force, shall be deemed to have accepted arbitration in accordance with Annex VII. PART XV UNCLOS Declaration made after ratification (25 August 2006) Declaration under article 298: The Government of the People's Republic of China does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a) (b) and (c) of Article 298 of the Convention. Declarations and statements |
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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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| Mckoyzzz | Jan 24 2013, 08:45 PM Post #69 |
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Ipsa Scientia Potestas Est
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Palace defends DFA's move to elevate PHL-China row to int'l arbitration January 24, 2013 7:25pm Malacanang on Thursday threw its full support to the Department of Foreign Affairs' (DFA) move to elevate the country's territorial dispute with China to international arbitration. This, despite China's appeal that relevant parties should refrain from taking actions that may further complicate the dispute. "How does one resolve a situation where they are firm and stubborn in claiming a nine-dash line theory which does not exist in international law? The best venue is to go to an arbitral tribunal, a third party where the rule of law and a rules-based approach to resolve the disputes can be made," said presidential spokesperson Edwin Lacierda at a briefing. On China's claim that such move would only complicate the issue, Lacierda said: "How does it complicate? 'Di ba, mas mabuting iakyat na sa arbitral tribunal?" The Philippines on Tuesday formally notified China that it is bringing their long-standing territorial dispute over parts of the resource-rich South China Sea to international arbitration. Lacierda said the Philippines has exhausted diplomatic and political negotiations, and have moved on to a legal track. "We have approached it from the diplomatic, from the political, now we're availing of the legal approach," he said, adding China's stubbornness in claiming the nine-dash line has pushed the Philippines to seek legal action. "They have never moved back from the position of their nine-dash line theory. Every time we speak to them, they have always invoked the nine-dash line," he said. China's nine-dash line is a U-shaped map that covers nearly 90 percent of the waters and overlaps with the sovereign territories of its Asian neighbors like the Philippines, Vietnam, Malaysia, Brunei and Taiwan. Lacierda also said that attempts at diplomacy with China seem to have fallen on deaf ears. "The approach that we have taken in all these statements coming from the Chinese side has been to do it diplomatically. We have filed what? 18 diplomatic protests or note verbale. They have different [responses] and then they set up Sansha. We've filed several diplomatic protests," he said, referring to Sasha City, which China has set up despite being in disputed territory. "All we have done, our initiatives, have been done diplomatically and there has been no resolution to that," Lacierda said. GMA NEWS |
![]() "Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis" | |
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| Mckoyzzz | Jan 24 2013, 09:00 PM Post #70 |
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Ipsa Scientia Potestas Est
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Declarations and Statements Article 310 of the Convention allows States and entities to make declarations or statements regarding its application at the time of signing, ratifying or acceding to the Convention, which do not purport to exclude or modify the legal effect of the provisions of the Convention. Article 310 reads: "Article 310. Declarations and statements "Article 309 does not preclude a State, when signing, ratifying or acceding to this Convention, from making declarations or statements, however phrased or named, with a view, inter alia, to the harmonization of its laws and regulations with the provisions of this Convention, provided that such declarations or statements do not purport to exclude or to modify the legal effect of the provisions of this Convention in their application to that State." Declaration and Statements |
![]() "Do not condemn the judgment of another because it differs from your own. You may both be wrong -- Dandemis" | |
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8:33 AM Jul 11