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Philippines scores against China in UN arbitration
« on: October 30, 2015, 02:00:02 AM »

Philippines scores against China in UN arbitration

By: Matikas Santos
INQUIRER.net
October 30th, 2015

The Philippines scored a victory at the international Arbitral Tribunal after the panel unanimously decided Thursday that it has jurisdiction over the maritime dispute between China and the Philippines involving parts of the South China Sea (West Philippine Sea.)

The decision means that the tribunal, convened under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS), will hold further hearings to settle the increasingly contentious dispute.

A nine-page press release issued by the Permanent Court of Arbitration “on behalf of the Arbitral Tribunal in the Philippines v. China arbitration” clarified that the dispute was not about sovereignty, as China has claimed.

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Re: Philippines scores against China in UN arbitration
« Reply #1 on: October 30, 2015, 02:00:41 AM »

“This arbitration concerns the role of ‘historic rights’ and the source of maritime entitlements in the South China Sea, the status of certain maritime features in the South China Sea and the maritime entitlements they are capable of generating, and the lawfulness of certain actions by China in the South China Sea that are alleged by the Philippines to violate the Convention.”

The panel concluded that it had jurisdiction over the case.

“The Tribunal’s Award of today’s date is unanimous and concerns only whether the Tribunal has jurisdiction to consider the Philippines’ claims and whether such claims are admissible. The Award does not decide any aspect of the merits of the Parties’ dispute. In its Award, the Tribunal has held that both the Philippines and China are parties to the Convention and bound by its provisions on the settlement of disputes. The Tribunal has also held that China’s decision not to participate in these proceedings does not deprive the Tribunal of jurisdiction and that the Philippines’ decision to commence arbitration unilaterally was not an abuse of the Convention’s dispute settlement procedures.”

The tribunal expects to “render its Award on the merits and remaining jurisdictional issues in 2016.”

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Re: Philippines scores against China in UN arbitration
« Reply #2 on: October 30, 2015, 02:03:38 AM »

The announcement from The Hague noted that the following 10 findings or conclusions of the tribunal were all “unanimous decisions.”

1. FINDS that the Tribunal was properly constituted in accordance with Annex VII to the Convention.

2. FINDS that China’s non-appearance in these proceedings does not deprive the Tribunal of jurisdiction.

3. FINDS that the Philippines’ act of initiating this arbitration did not constitute an abuse of process.

4. FINDS that there is no indispensable third party whose absence deprives the Tribunal of jurisdiction.

5. FINDS that the 2002 China–ASEAN Declaration on Conduct of the Parties in the South China Sea, the joint statements of the Parties referred to in paragraphs 231 to 232 of this Award, the Treaty of Amity and Cooperation in Southeast Asia, and the Convention on Biological Diversity, do not preclude, under Articles 281 or 282 of the Convention, recourse to the compulsory dispute settlement procedures available under Section 2 of Part XV of the Convention.

6. FINDS that the Parties have exchanged views as required by Article 283 of the Convention.

7. FINDS that the Tribunal has jurisdiction to consider the Philippines’ Submissions No. 3, 4, 6, 7, 10, 11, and 13, subject to the conditions noted in paragraphs 400, 401, 403, 404, 407, 408, and 410 of this Award.

8. FINDS that a determination of whether the Tribunal has jurisdiction to consider the Philippines’ Submissions No. 1, 2, 5, 8, 9, 12, and 14 would involve consideration of issues that do not possess an exclusively preliminary character, and accordingly RESERVES consideration of its jurisdiction to rule on Submissions No. 1, 2, 5, 8, 9, 12, and 14 to the merits phase.

9. DIRECTS the Philippines to clarify the content and narrow the scope of its Submission 15 and RESERVES consideration of its jurisdiction over Submission No. 15 to the merits phase.

10. RESERVES for further consideration and directions all issues not decided in this Award.

The panel is led by Judge Thomas A. Mensah of Ghana as President of the Tribunal; its members include Judges Jean-Pierre Cot (France), Stanislaw Pawlak (Poland), and Rüdiger Wolfrum (Germany), and Prof. Alfred Soons (Netherlands). JN


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Re: Philippines scores against China in UN arbitration
« Reply #3 on: October 30, 2015, 03:01:49 AM »
A step in the right direction for R.P. whether China agrees or not 😙
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Re: Philippines scores against China in UN arbitration
« Reply #4 on: October 30, 2015, 08:00:08 PM »

the right direction to a moral victory, which may count for much in terms of world standing but not in terms of getting something material.  china has veto power in the UN, and UNCLOS is UN.  besides, as they say, when china comes, they stay.  the tibetans and uighurs know that.  the chinese greed knows no bounds as they keep on encroaching on land and sea around its boundaries.  as nothing good will ever come out of a wrong, it's the subsequent generations that may have to suffer their national karma. 

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Re: Philippines scores against China in UN arbitration
« Reply #5 on: October 30, 2015, 08:25:32 PM »

Beijing slams tribunal decision on South China Sea row

AFP
30 October 2015

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Beijing insists it has sovereign rights to nearly all of the South China Sea, a strategic waterway through which about a third of all the world's traded oil passes. (AFP Photo/Parker Song)

China will disregard any findings by an international tribunal on a case brought by the Philippines over disputed islands in the South China Sea, Beijing said Friday after the court decided to consider the action.

The Permanent Court of Arbitration -- which is more than a century old and based in The Hague -- ruled on Thursday that it did have jurisdiction on the issue.

Manila insists the United Nations Convention on the Law of the Sea, which the Philippines and China have both ratified, should be used to resolve the bitter territorial row over isolated reefs and islets, which has triggered growing international alarm.

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Re: Philippines scores against China in UN arbitration
« Reply #6 on: October 30, 2015, 08:26:55 PM »

But China has refused to participate in the proceedings, arguing that the case is about sovereignty and the court cannot rule on it.

"We will not participate and we will not accept the arbitration," Vice Foreign Minister Liu Zhenmin told reporters in Beijing.

"The ruling or the result of arbitration will not affect China's position," he added.

"It won't affect China's sovereignty rights and jurisdiction in the South China Sea, our rights will not be undermined."

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Re: Philippines scores against China in UN arbitration
« Reply #7 on: October 30, 2015, 08:27:33 PM »

As veto-wielding permanent member of the UN Security Council, the stance will put Beijing in a difficult diplomatic position if the court rules that it has violated one of the UN's own statutes.

Beijing insists it has sovereign rights to nearly all of the South China Sea, a strategic waterway through which about a third of all the world's traded oil passes.

The disputed waters -- also claimed in part or whole by Vietnam, Malaysia, the Philippines, Taiwan and Brunei -- have also become the stage for a tussle for regional dominance between Beijing and Washington, the world's two largest economic and military powers.

This week, the American USS Lassen guided missile destroyer sailed within 12 nautical miles of at least one of the land formations claimed by China, sparking fury in Beijing.

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Re: Philippines scores against China in UN arbitration
« Reply #8 on: October 30, 2015, 08:28:08 PM »

Following a stand-off between Chinese ships and the weak Philippine navy in 2012, China took control of a rich fishing ground called Scarborough Shoal that is within the Philippines' exclusive economic zone.

Over the past year China has asserted its stance by rapidly converting tiny reefs into islands for facilities with military uses, including as many as three runways.

The tribunal -- set up in 1899 to resolve international disputes between countries -- stressed Thursday its ruling did not yet go to the heart of the merits of Manila's case, which was first filed in 2013.

A new hearing will now be held behind closed doors in The Hague, and a final decision is not expected until next year.


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Re: Philippines scores against China in UN arbitration
« Reply #9 on: October 31, 2015, 04:48:54 PM »

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