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Author Topic: China's Masinloc claims would reduce PH territorial waters  (Read 744 times)

islander

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China's Masinloc claims would reduce PH territorial waters
« on: January 21, 2013, 05:02:18 PM »
Chinese ‘occupation’ of Bajo de Masinloc could reduce PH territorial waters by 38 percent

Monday, 21 January 2013
ELLEN TORDESILLAS - VERA Files

The Philippines is at a loss over China’s declaration its ships will stay permanently in Bajo de Masinloc, a declaration some experts say could lead to the Philippines losing 38 percent of its territorial waters.

Bajo de Masinloc, a triangular-shaped coral reef formation that has several rocks encircling a lagoon, is located 124 nautical miles west of Masinloc town in Zambales in the northwestern part of the Philippines.

“The shoal is under virtual occupation by China,” said former foreign undersecretary and former Philippine Permanent Representative to the United Nations Lauro Baja.

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #1 on: January 21, 2013, 05:03:11 PM »
Foreign Secretary Albert del Rosario confirmed this, saying, “In a subministerial consultation, Chinese Vice Foreign Minister Fu Ying had said to our people that China’s presence was permanent and they had no intention of withdrawing their ships from the vicinity of Bajo de Masinloc.”

The National Mapping and Resource Information Authority (NAMRIA) says Bajo de Masinloc has an area of about 120 square kilometers. It is also referred to as Panatag (calm in Pilipino) by fishermen who seek refuge in the area during stormy weather.

Its international name is Scarborough shoal after the tea-carrying British boat Scarborough which sank in the vicinity in 1784. China also claims ownership of the shoal which is 467 nautical miles away from its mainland, and refers to it as Huangyan Island.

Republic Act 9522, which defines the country’s archipelagic baseline, includes Bajo de Masinloc as part of Philippine territory. The law classifies it as a regime of islands under Art. 121 of the Law of the Sea Convention (LOSC), which means it generates its own territorial sea, exclusive economic zone (EEZ) and continental shelf.

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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islander

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #2 on: January 21, 2013, 05:05:11 PM »
Under UNCLOS, “an island is a naturally formed area of land, surrounded by water, which is above water at high tide.”

An island generates its own maritime regimes, which are 12 nautical miles (nm) for territorial sea, 24 nm for contiguous zone, 200 nm for EEZ and 200 nm continental shelf.

Under this definition, the Chinese claim over Baja de Masinloc means the Philippines risks losing not only the 120-square-kilometer strategically vital reef formation but also some 494,000 square kilometers EEZ, representing 38 per cent of the country’s EEZ.

One of the Philippines’ options to protest the Chinese encroachment is going to the United Nations International Tribunal on the Law of the Sea (ITLOS), the arbitration arm of UNCLOS, of which the Philippines and China are signatories.

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islander

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #3 on: January 21, 2013, 05:05:47 PM »
Legal experts say the Philippines can ask the ITLOS, which does not deal with territorial disputes, to declare Bajo de Masinloc as a rock rather than an island.

UNCLOS said, “Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.”

Retired Philippine Navy Commodore Rex Robles, who has been to the area a few times for gunnery practice, declares that “Panatag shoal is a rock.”

“It cannot support human life. It is not an island,” he concludes.

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islander

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #4 on: January 21, 2013, 05:06:20 PM »
Lawyer Romel Bagares, executive director of Center for International Law (Philippines), said RA 9522 “does not actually specify whether Bajo de Masinloc consists just of uninhabitable rocks or is capable of economic life pursuant to Art 121 of the UNCLOS. This could be one way of arguing ITLOS has jurisdiction, especially as to the interpretation of provisions. It’s a pragmatic approach, no doubt.”

What is obvious, Bagares said, is that RA 9522 assumes that the shoal is part of Philippine territory in the fullest sense of the term.

Del Rosario said, “To the extent that their three ships are within our exclusive economic zone, this is in gross violation of the DOC and UNCLOS.”

DOC is the Declaration of Conduct of Parties in the South China Sea signed in 2002 by members of the Association of Southeast Asian Nations, four of them part claimants to islands in the South China Sea, and China. UNCLOS is the United Nations Convention on the Law of the Sea.

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #5 on: January 21, 2013, 05:06:56 PM »
Baja said, “When our ships withdrew from Bajo de Masinloc in June and now (we) could not access the area, the shoal became under virtual occupation by China. “

Baja, who drafted the DOC with Malaysia’s Abdul Kadir, also said Chinese occupation of the disputed shoal has changed the status quo, contrary to the DOC.

Baja said China is exercising what the International Court of Justice (ICJ) calls “effectivités.”

“This is the basis of the Court’s decision on the Ligatan Sipadan case where the court awarded the area to Malaysia over Indonesia. Also the same principle in the case between Chile and Peru and between Nicaragua and Guatemala,” he said.

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islander

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #6 on: January 21, 2013, 05:07:27 PM »
Baja said, “We must act and interact before we lose the territory by default and/or estoppel.”

Seven months after China’s occupation of Bajo de Masinloc, the Philippines is still “reviewing” its options.

Asked about the Philippines’ response to China’s declaration it has no intentions of pulling out their ships from Panatag shoal, Del Rosario said, “We are reviewing all our options in accordance with our three track approach encompassing the political, legal and diplomatic means.”

President   Aquino   has refused to discuss publicly the Philippine efforts on Bajo de Masinloc because he said doing so would be “giving the other side a preview of everything that we will do.”

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islander

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #7 on: January 21, 2013, 05:08:29 PM »
He said, though, in October at a forum at the Foreign Correspondents Association of the Philippines that the matter “is still being studied by our consultants.”

Experts point to two options available to the Philippines: the military option—which is not really an option considering the inferior state of the Philippine Navy compared with China’s naval might—and the legal option.

http://www.malaya.com.ph/

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #8 on: January 21, 2013, 05:11:11 PM »
this is terrible. who can stop china?

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islander

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #9 on: January 21, 2013, 06:42:59 PM »
only the chinese, if they still have some conscience. :'(

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BolBuhol

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #10 on: January 21, 2013, 07:25:31 PM »
sigi lang gid ta totok sang tiritoryal watir, way gid ba mo kabalo na hang jota sang pinas napona na sang ingsik?  hapit nagid ma chengs hang nem pilipinas, ingsik nem op pilipinas IsIm.

;D

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Re: China's Masinloc claims would reduce PH territorial waters
« Reply #11 on: January 22, 2013, 07:53:45 AM »
Hasta pod every day kinabuhi nato ge infiltrate nas Tsina - same here in America - halos tanan mahikap nimo is Made in China. Kadugayan ani hasta dsy to day tambal mao nay mahitabo. Diri sa Louisiaba hasta crawfish gikan nas China

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