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| The Kalayaan, Panatag & other disputed islands; Future conflict zones? | |
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| Tweet Topic Started: Feb 2 2005, 08:00 PM (156,004 Views) | |
| matrix | Oct 23 2011, 12:11 AM Post #1201 |
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Tension among West Phl Sea claimants rises to dangerous levels By Pia Lee-Brago (The Philippine Star) Updated October 23, 2011 12:00 AM Comments (0) MANILA, Philippines - Tension among claimants to the potentially oil-rich waters and land features of the West Philippine Sea (South China Sea) has risen to dangerous levels with incidents involving China, Philippines and Vietnam recently. Although all claimants agreed to resolve the Spratly disputes through peaceful means, progress has been slow. Brunei, China, Malaysia, Vietnam, Philippines and Taiwan claim all or part of the West Philippine Sea. Some 25 percent of the world’s shipping passes through the waters of the West Philippine Sea, thus non-littoral states also have a strong stake in preserving the freedom of navigation and use of these waters. The agreement reached on the implementing guidelines to the Declaration of Conduct (DOC) in the South China Sea by the Association of Southeast Asian Nations (ASEAN) and China at the Bali meetings held last July affirmed this commitment to peaceful resolution. The Carlos P. Romulo Foundation for Peace, in collaboration with the Institute for South East Asian Studies of Singapore, hosted a forum on South China Sea on Oct. 16-17 at the Manila Polo Club. The conference was aimed at clearly defining the South China Sea issue in its totality, with all concerned participating and with the goal of identifying common interests. All stakeholders have their respective national interests to protect and promote; determining the areas where these intersect with one another would be critical. Finding such common ground could serve as the catalyst for generating win-win solutions in the long term. Sponsors of the forum were The Philippine STAR, San Miguel Corporation, Zuellig, Philex Petroleum Corporation, Planters Development Bank, Aboitiz Foundation, Air Asia, Alsons Consolidated Resources, Ayala Corporation, Banco de Oro, Century Properties, Megaworld Corporation, Oriental Petroleum & Minerals Corporation, PHINMA Foundation, and Concepcion Industries. The speakers were 23 notable officials and representatives from the academe from China, Australia, India, Canada, the United States, and Europe. Former Defense secretary Gilberto Teodoro opened the forum with a closed-door informal session on “Scene Setting.” Domingo Siazon, former secretary of Foreign Affairs, also spoke at the forum. Other speakers were Professor Chen Shiqui, former US Ambassador Frank Wisner and Professor Hasjim Dalal. Chen is a professor at China Foreign Affairs University and at Xi’an Jiaotong University. He was a former director-general of Treaties and Law at the Ministry of Foreign Affairs and former ambassador to Indonesia, the United Nations and other International Organizations in Vienna. Wisner is currently the international affairs advisor of Patton Boggs LLP, a former American ambassador to the Philippines, India and Egypt, and former undersecretary of defense and undersecretary of state. He used to be a vice-chairman of AIG. During the Oct. 17 forum, sessions were chaired by former ASEAN Secretary General Rodolfo Severino, who is also the current head of the ASEAN Studies Centre, ISEAS. Former Philippine Ambassador to China Romualdo Ong led the session on “Claims and Interests.” Another session, “Towards Peace and Prosperity in the South China Sea: Pathways for Regional Cooperation,” was chaired by Dato Timothy Ong of Brunei Darussalam, chairman of Asia Inc. In his welcome remarks, Ambassador Roberto R. Romulo, chairman of the Carlos P. Romulo Foundation for Peace and Development, said the South China Sea was the “ideal battlefield” for China to wage small-scale war with its rival claimants. “Here in my own country, some national and local politicians have called China a bully and urged the government to fight back and demonstrate its sovereignty. They have called for beefing up the government’s presence in the territory and granting oil exploration concessions in what is now called the West Philippine Sea,” Romulo said. He said strategic and economic interests propel each claimant’s position. But there are other dynamics as well that influence actions and reactions by claimants which may not be as easy to rationalize and channel into peaceful discourse. “So despite declarations of peaceful resolution, we cannot afford to keep the eye off the ball because of these dynamics,” he said. He said the business community is aware of the significance of stability in the South China Sea. “Conflict in the area will not benefit anyone but the harm will be widespread. World commerce will be severely impaired surely. They appreciate the value of dialogue and welcome the declaration of all claimants for peaceful resolution,” Romulo said. Prof. Hasjim Dalal, director of the Center for Southeast Asian Studies in Jakarta, said Indonesia borders on the South China Sea but is not a participant in the multiple disputes over the Spratly Islands. He expressed alarm that the South China Sea may become the new flash point of conflicts in the area that may affect peace and stability in Southeast Asia. After several meetings, he said discussion on territorial and sovereignty issues as well as on political and security issues among the ASEAN members and claimants have stalled. Dr. Fraser Cameron, director of the European Union-Asia Centre in Brussels, said the European Union is not directly involved in the South China Sea dispute but is keen to promote a peaceful resolution. “The EU believes that territorial disputes should be resolved in accordance with international law through peaceful and cooperative solutions,” Cameron said. Barry Wain, writer at the Institute of Southeast Asian Studies in Singapore, said China is not keen on having a binding code of conduct in the South China Sea. China is supposed to convene the ASEAN-China meeting on Oct. 27-28 on freedom of navigation. Wain pointed out that China would resort to proposing talks when Beijing is criticized for its activity in the South China Sea. Wain said the Philippine proposal for a Zone of Peace, Freedom, Friendship and Cooperation in the West Philippine Sea should be considered. http://www.philstar.com/Article.aspx?artic...ubCategoryId=63 |
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| Mckoyzzz | Oct 23 2011, 12:56 AM Post #1202 |
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Ipsa Scientia Potestas Est
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So the EU is also wary.. hmm this is interesting.
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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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| spearhead | Oct 23 2011, 04:09 AM Post #1203 |
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DoctorNO, Your Neutral Observer.
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But its gonna be worst for the philippines if they stop beefing up their AFP capabilities in WPS. No matter what, the AFP need to be upgraded at the highest level and finally be modernized. That's all what really the philippines are doing, just doing their mandate to secure their national interest, and so should not be dragged down to the conflict which what china may seem like to do. |
"Men of War must learn the art of numbers or he will not know how to array his troops." - Plato![]() ![]() | |
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| matrix | Nov 1 2011, 02:47 AM Post #1204 |
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‘Why China owns the South China Sea [West Philippine Sea] and all the islands there’ By Chen Siqui Published : Tuesday, November 01, 2011 00:00 PRC’s ex-ambassador to Indonesia explains [Editor’s note: Minus the polite introduction, these are the remarks by the People’s Republic of China’s former ambassador to Indonesia Chen Siqiu at the South China Sea [West Philippine Sea] Forum, held in Manila October 16 to 17. It was sponsored by the Carlos Romulo Foundation and organized by that foundation and the Singapore Institute for South East Asian Studies. The Manila Times publishes this material on the request of the PRC Embassy but the Times Editors do not agree with Mr. Chen. So that The Manila Times cannot be accused of treasonously taking the side of China against our country, we have put in brackets “West Philippine Sea” after each occurrence of the Chinese name for that body of water in Mr. Chen’s speech. ] Through yesterday afternoon and this morning’s discussion I’ve learned a lot of appreciable thoughts and ideas. Now, I would like to share with you some of my own perspectives in my personal capacity. First, The core of the South China Sea Issue Sovereignty disputes over the Nansha Islands is the core part of the South China Sea Issue. Other matters, such as disputes over maritime areas and resources, all directly depend upon how to properly handle the sovereignty disputes over the Islands. To put it bluntly, the fundamental issue is who has sovereignty over the Nansha Islands. Maybe it is necessary now for us to take a look at the evolving process concerning the sovereignty disputes over the Nansha Islands. For a very long period of time of more than a thousand years before 1970s, there had been no such a problem as the so-called Sovereignty disputes over the Nansha Islands. There had not been any doubt about the fact that the Nansha Islands, along with Xisha Islands, Dongsha Islands, Zhongsha Islands belong to China. No country surrounding the South China Sea had challenged China’s exercise of sovereignty over the Nansha Islands and their adjacent waters. Only beginning from the 1970s, when oil and gas reserves were discovered in the South China Sea, some countries began to occupy part of the islands and reefs of the Nansha Islands and laid claim to sovereignty over them, thus turned the China-owned Nansha Islands into disputes. Second, viewing the Issue from international law A. Disputes in the South China Sea should be analysed in accordance with universally accepted principles of international law. Since the core part of the South China Sea Issue is the Sovereignty disputes over the Nansha Islands. We have to study the issue with applicable international law as well as the historical facts of the situation in question. Among all international law principles, the most pertinent one is the intertemporal law principle. There are many exemplary cases in the world such as the Palmas Island case, the Clippton Island case, the East Greenland Island case and the Minquis and Ecrohos Islands case, to mention just a few. B. Discovery Historically, discovery is the oldest way to claim land territory. Classical international law developed doctrines by which States could make a valid claim of sovereignty over territory. The doctrines included discovery. Discovery can produce complete sovereignty. New territories and islands were subject to claim of sovereignty by discovery. A host of historical facts have proved that before 16th-17th century, it was China who first discovered, occupied and developed the Nansha Islands; the Nansha Islands have become an inalienable part of Chinese territory since then. C. Occupation and Effectivity Occupation applies to territory that is terra nullius, that is, territory which is not under the sovereignty of any State by that time and is subject to acquisition by any State. Occupation requires proof of two elements: (1) the intention or will to act as the sovereign; and (2) the continuous and peaceful display of sovereignty. In the case of islands in the South China Sea, activities of China, though modest in number but diverse in character, covering a considerable period of time and revealing an intention to exercising State functions, show its effectivity. After discovering the islands in the South China Sea, the Chinese Government marked the Nansha Islands on the authoritative maps and exercised administrative jurisdiction over these islands. Chinese people started to develop the Nansha Islands and engage in fishing on the islands. Up till the beginning of 20th century, the Chinese Government had exercised peaceful jurisdiction over the Nansha Islands without any disputes. After the founding of the People’s Republic of China, the Nansha Islands were incorporated into Guangdong Province and Hainan Province successively and the Chinese Government has all along maintained China’s sovereignty over the Nansha Islands and taken effective actions for that. All in all, according to international law, China was the first to discover, name, occupy and develop the Nansha Islands and exercise sovereignty over them D. Estoppel “Estoppel” is a generally accepted principle of international law in international relations. his principle has particular relevance to territorial sovereignty issues. In accordance with this principle the recent claimants should be still subject to their original recognition or default. E. Prescription Prescription applies to territory that was claimed by another State. It is described as the acquisition of territory through a continuous and undisturbed exercise of sovereignty during such a period as to usurp another State’s sovereignty by its implied consent or acquiescence. As for the Nansha Islands issue, the Chinese Government has indisputable sovereignty over it since ancient times. And the Chinese Government has all along maintained China’s sovereignty over the Nansha Islands and taken effective actions for that. The very recent time claimants can’t resort to the doctrine of “occupation” or “prescription” to gain sovereignty over them. F. Geographic contiguity Some countries argue that small islands and other features of Nansha Islands are close to their main territory, within their EEZ or on their continental shelf, should belong to them. Under customary international law, contiguity is not an independent basis for the acquisition of territory. There are many historical cases which denied similar claims. G. UNCLOS Some countries have claimed sovereignty of Nansha Islands on the ground that these islands are within their continental shelves or exclusive economic zones. According to international law and the UN Convention on the Law of the Sea, it is a basic principle that land dominates the sea. Maritime rights and interests should be based on territorial sovereignty. No country should be allowed to extend its maritime jurisdiction to the territories of other countries, still less should it be allowed to invade and occupy other’s territory on the ground of exclusive economic zones or the continental shelves. The 1982 Convention on the Law of the Sea (UNCLOS) has no provisions on sovereignty, nor does it regulate sovereignty over islands of their original status. UNCLOS only prescribes the regime of maritime zones. UNCLOS assumes that it has been determined which State has sovereignty over a continental land mass or an off-shore island. It then sets out what maritime zones can be claimed by States. All in all, UNCLOS can in no way serve as a basis for a country’s territorial claim, nor can it change China’s indisputable legal status as having sovereignty over the Nansha Islands. Third: the scenarios for the solution of the South China Sea Issue in the foreseeable future Resolution of the sovereignty claims and agreement on maritime boundaries in the South China Sea seem unlikely in the foreseeable future. One scenario is resolution by threat or use of force. Disputes used to be solved by force, but times have changed. Now, disputes should be dealt with by peaceful means. Threat or use of force is contrary to the purposes and principles of the Charter of the United Nations and in violation of the basic norms of international relations. Threat or use of force in the South China Sea only cause more conflicts. No country, whether the countries surrounding the South China Sea, or countries outside the area, can benefit from this kind of scenario. One scenario is “let it to be.” The countries concerned engage in “war of words” or unilateral actions on the basis of their own unilateral claims. In this scenario, the risk of conflicts or armed clashes is very high because unilateral actions by one country and counter-actions by another country may escalate or complicate the disputes, could only aggravate tension in the South China Sea which will benefit no one. One scenario is resolution through direct dialogue and consultation by peaceful means. The countries directly concerned properly handle differences and sensitive issues based on the principle of equality and mutual respect; make great efforts to resolve disputes through bilateral consultations and negotiations. The countries directly concerned need to show political sincerity and flexibility in order to find a final solution acceptable to both sides. The situation in the South China Sea will be peaceful and stable. Good-neighborly relationship of cooperation can be developed among the countries surrounding the South China Sea. It is a win-win way. Though it may take some time, it is worth doing. One scenario is “put aside dispute for joint development”. Pending the final settlement, all countries concerned should exercise self-restraint and refrain from taking any action that may escalate or complicate the disputes. The countries concerned make great effort to enter into provisional or transitional arrangements, including “shelving disputes and carrying out joint development” in disputed areas. Joint development will not only bring benefits to all parties concerned, but also create favorable environment and atmosphere for settling disputes in a long run. It should be the most practical, feasible and win-win way for the countries concerned under the present circumstances. Fourth: the way forward on the SCSIssue. The countries surrounding the South China Sea have a common interest in ensuring peace and stability in the SCS. To this end, they must handle their differences in an appropriate way. All the parties concerned should adopt a restrained, calm, responsible, constructive attitude toward the issue. Refrain from further actions that may undermine peace, stability, trust and confidence in the region. Handle differences and relevant disputes with the countries concerned through direct consultation or diplomatic channels and by peaceful means. Solve the disputes properly through bilateral negotiation and consultation in accordance with universally recognized international laws including modern maritime laws and the United Nations Convention on the Law of the Sea , fully respect legal principles, take history and other relevant circumstances into consideration and accommodate each other’s concerns in a fair and constructive manner. Pending the final solution of the disputes, the countries concerned shelve the disputes for the time being and go in for joint development in the disputed areas. Abide by the Declaration on the Conduct of Parties in the South China Sea (DOC) and actively explore or undertake cooperative activities in such areas as marine environmental protection, marine scientific research, safety of navigation and communication at sea, search and rescue operation and combating transnational crimes. To maintain the safety, unimpededness and freedom of navigation of foreign vessels and aircraft enjoyed in accordance with international law. No involvement by any external forces in the South China Sea disputes. “Internationalizing” the South China Sea Issue is undesirable, as that will only further complicate the situation. Make joint efforts to transform the South China Sea into an area of peace, stability, cooperation and development. http://www.manilatimes.net/index.php/opini...e-by-chen-siqui |
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| matrix | Nov 1 2011, 08:17 AM Post #1205 |
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China again warns foreign oil firms on South China Sea exploration Reuters Posted at 11/01/2011 7:15 AM | Updated as of 11/01/2011 7:15 AM BEIJING - China on Monday warned foreign energy companies against exploration in the disputed South China Sea after U.S. oil giant Exxon Mobil Corp said it had discovered hydrocarbons in August off central Vietnam, in an area also claimed by China. The potentially significant gas discovery was made off the coast of Danang city, bringing a territorial row over the resource-rich South China Sea back into focus. Chinese Foreign Ministry spokesman Hong Lei reiterated at a regular briefing that "China has indisputable sovereignty over the Spratly Islands and adjacent waters," referring to the South China Sea. "We hope foreign companies do not get involved in disputed waters for oil and gas exploration and development. This position has been consistent," Hong said, when asked whether China plans to ask Exxon Mobil to withdraw from its oil and gas deal with Vietnam. He did not elaborate, nor single out Exxon Mobil by name. Exxon Mobil has a licence from the Vietnamese government to explore blocks 117, 118 and 119 off the Danang coast, falling within what Vietnam claims is its 200-mile exclusive economic zone under international maritime law, the Financial Times reported last week. But the blocks also fall within China's vast claim to almost the entire South China Sea, also claimed in part by Brunei, Malaysia, the Philippines and Taiwan. The sea and areas such as the Spratly Islands and other atolls are believed to have rich deposits of oil and gas and is also a rich fishing ground. One of China's most popular newspapers, the Global Times, cautioned last week that nations involved in territorial disputes in the waters should "mentally prepare for the sounds of cannons" if they remain at loggerheads with Beijing. http://www.abs-cbnnews.com/business/10/31/...sea-exploration |
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| flipzi | Nov 1 2011, 08:38 AM Post #1206 |
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R-A-T-S
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China's greed will continue to press on until somebody or we all suppress it. Let China do the complaining while we all do our oil exploration. The ASEAN should join forces and plan a counteraction if China keeps pressing. 1) trade embargo against China 2) closing of all Chinese embassy in ASEAN nations 3) supporting Taiwan's industry and diplomatic relations 4) supporting the US dominates the Asia Pacific region and encircle China with US bases and intelligence network 5) lambasting China in all global forum |
![]() " Sovereignty resides in the people and all government authority emanates from them! - Art. II Sec 1, Philippine Constitution " " People don't care what we know until they know we care. " getflipzi@yahoo.com | |
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| Tsukiyomi | Nov 3 2011, 04:37 AM Post #1207 |
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The China threat is no Theory. Take the time to study their behavior over the decades and millennium and it will be pretty clear what these crooks are all about. Don't downplay this threat lest ye wake up to the sound of Chinese boots and tanks marching down EDSA or Roxas. Any article pushed by the Chinese that attempts to portray them as victims of history are attempts at confusing the real issues and sucker punch us when we least expect it. |
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| flipzi | Nov 3 2011, 08:22 AM Post #1208 |
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R-A-T-S
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whatever they say, it boils down to one thing. they are one greedy breed. they think this is still their olden dynasties trying to steal every land they can cover. we will fight them off at all cost! |
![]() " Sovereignty resides in the people and all government authority emanates from them! - Art. II Sec 1, Philippine Constitution " " People don't care what we know until they know we care. " getflipzi@yahoo.com | |
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| Numbers | Nov 5 2011, 02:21 PM Post #1209 |
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PDFF Moderator
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US has no stomach for S. China Sea military clash Read at source |
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One little two little three little four little... Behind every successful man, there is a woman And behind every unsuccessful man, there are two. A bus station is where a bus stops. A train station is where a train stops. On my desk, I have a work station.... | |
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| arnie | Nov 5 2011, 03:04 PM Post #1210 |
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These hawks in Chinese media often mistake an intent for peaceful resolution as weakness of its rivals. These guys need a rude awakening. |
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8:31 AM Jul 11