Q&A: Why Philippines challenged China’s sea claim

[Malaya]

MANILA, Philippines - (The Department of Foreign Affairs issued the following primer on the government’s recent move to seek arbitral proceedings against China’s claim over Philippine-held territories, including Panatag Shoal off Zambales).

1. Why are we bringing China to an arbitral tribunal?

China’s 9-dash line claim encompasses practically the entire West Philippine Sea. We must challenge the unlawful claim of China under their 9-dash line in order to protect our national territory and maritime domain.

2. Why do we have to do this now?

Having exhausted all possible initiatives, we feel the time to act is now. If we do not act now, we will be in default.

3. What is the basis of our legal action?

The legal action is pursuant to the President’s constitutional mandate to pursue the national interest and defend the Philippine territory and maritime domain. It also pursues the policy of a rules-based approach based on international law, especially UNCLOS, in resolving the disputes in the West Philippine Sea.

4. What do we expect from this arbitral tribunal?

We hope that the arbitral tribunal will issue an award in accordance with international law that will direct China to respect our sovereign rights and jurisdiction over our EEZ, continental shelf, contiguous zone, and territorial sea over the West Philippine Sea, and to desist from undertaking unlawful acts that violate our rights.

5. What is the process of arbitration?

Under Annex VII of UNCLOS, the arbitration process begins by notifying the other party to the dispute and giving a statement of facts on which the notification is based.

In accordance with this process, the Philippines through the DFA handed the note verbale to the Chinese Ambassador in Manila in the afternoon of 22 January 2013 notifying China that the Philippines is bringing the dispute in the WPS before an arbitral tribunal under Annex VII of UNCLOS.

The next step is to form the 5-member arbitration panel. When the panel is formed, the parties will present their documents to further explain their case.

6. Is the legal track the only option?

We have adopted three tracks in terms of the political, diplomatic and legal approaches. At this stage, the legal track presents the most durable option to defend the national interest and territory on the basis of international law.

7. Who filed the case and where?

The Philippines filed the arbitration case against China. The parties will have to agree on the place where the arbitral tribunal will hold the hearing of the case.

Under UNCLOS, parties to a dispute have the choice on where to file the case, either in the International Court of Justice, ITLOS, arbitral tribunal and special arbitral tribunal. The Philippines chose to bring this case before the arbitral tribunal because it believes it is the appropriate body to hear the complaint of the Philippines against China.

8. How long will the arbitration process last?

Based on the cases so far handled by international tribunals on maritime disputes, the case would take 3-4 years.

9. Will we win our case?

We believe we have a very good case under international law. In any legal action, however, there are many different factors to consider. What is more important is that we are able to present our case against China and defend our national interest and maritime domain before an independent international tribunal. We expect international law to be the great equalizer.

10. Who are the members of the Phl legal team?

Solicitor General Francis Jardeleza is the agent or the legal representative of the Philippines in this arbitration case. Paul Reichler of the Washington law firm Foley and Hoag is the lead counsel.

11. Why are the other countries not filing a case against China?

The Philippines is taking action based on its national interest and not on the actions or non-action of other countries.

12. What if China refuses to participate in the arbitration?

The Philippines will pursue the procedures and remedies available under Annex VII of UNCLOS to achieve the award outlined in the Statement of Claim.

Annex VII of UNCLOS provides for compulsory proceedings with binding decision.

13. What’s next for the Philippines?

The Philippines will now prepare for the formation of the 5-member arbitration panel and agree on the venue.

14. Do you have the support of the other branches of the government?

Yes, all the three branches of the Philippine government support the President’s decision to bring the dispute in the West Philippine Sea before the UNCLOS arbitral tribunal.

15. What will be the effects on Philippines-China economic relations?

As arbitration is friendly and peaceful, we hope that there will be no adverse effects on our trade with China. President Aquino and President Hu Jintao agreed that the bilateral agenda will be moved forward while contentious issues will be abstracted for separate treatment.

We are all for improving our economic relations with China, but it should not be at the expense of surrendering our national sovereignty.

16. What will be the effects on tourism?

The Philippines and China have an incredible people-to-people engagement. We look forward to enhance it through an effective tourism program.

17. What will happen to our OFWs who may be affected by this action?

The Philippine government will provide the appropriate safety net for the OFWs.

18. Did the US and Japan influence your decision to take this action?

No. The Philippines is taking this action independently.

19. What are the opinions of the different sectors in Philippine society?

While there are varied opinions on the dispute, nevertheless, all Filipinos should unite to support the President’s constitutional mandate to protect Philippine territory and national interest.

20. Will this result in a military conflict?

China is a good friend. Arbitration is a peaceful and amicable process to settle a dispute between and among friends.

21. What will happen to Phl-China relations?

We will continue to pursue an enhancement of our bilateral relations in all areas of cooperation.

22. Would this action affect ASEAN?

We are counting on ASEAN to support us in finding a peaceful and durable solution to the dispute. The Philippines must protect its own national interest in this regional forum as well as in other fora in order to enhance the respect of our international partners who support our cause.

23. Would discussions on the Code of Conduct (CoC) continue?

Yes, the Philippines will continue to work with ASEAN and China in crafting the Code of Conduct and implement the commitments of ASEAN Member States and China in the Declaration on the Conduct of Parties in the South China Sea (DOC).

24. Why can we not do joint development with China?

Joint development, following the Chinese model, is a violation of the Philippine Constitution. Joint development should be in accordance with Philippine law.

25. How much will this cost the Filipino people?

One cannot put a price in the concerted effort of the Filipino people and government in defending our patrimony, territory, national interest and national honor.

26. Why should the Filipinos support this action?

If someone forces himself into your house and tries to unlawfully take away what belongs to you, should you not take action against the intruder? Our action is in defense of our national territory and maritime domain.

27. How can all Filipinos help in promoting a positive result of this legal initiative?

All Filipinos should stand behind the President to defend what is ours in accordance with the Philippine Constitution. We should all firmly demonstrate our patriotism. We should all stand united as one before the whole world to manifest the President’s leadership on this issue.

Q&A: Why Phl challenged China

 

[Rechoice]

It's good deal with china.

 

[Malaya]

With its long and simmering dispute with the Philippines, China reiterates that it does not want to settle the dispute using UNCLOS.

However, face with a bigger and well equipped Japan Defense Force over the Senkaku Islands, with its tail between its back legs, China wants to use UNCLOS.

 

[beijingwalker]

I also don't believe it's the right time to solve this problem,let China wait for another 10-20 years,when China truly becomes a superpower in both economy and military,we can easily once and for all fix those small countries.so now just don't let those issues slow us down to claim our top spot in the world.

those islands are ours,they won't run away,so we should not mind too much about waiting for a just a bit longer.it's those small countries which feel the heat of China's fast development and so anxious to settle those issues when China is still not totally militarily ready.China's defence budget grow double digits every single year,will be on par with US when our economy overtakes US in about a decade time.time alone can silent those noisy midgets,so we should not be in a hurry.

 

[beijingwalker]

for those small midgets time is running out for their last hope,but time is the biggest friend on China's side,we are well on our way to claim the top spot in this world .China should shelf the issue for now,focus on economic and military advancement.in 10-20 years time there'll be no more disputes around China.

 

[Ayush]

With its long and simmering dispute with the Philippines, China reiterates that it does not want to settle the dispute using UNCLOS.

However, face with a bigger and well equipped Japan Defense Force over the Senkaku Islands, with its tail between its back legs, China wants to use UNCLOS.

well done Philippines.
and after looking at the map, it becomes clear that the chinese are dsmanding a bit too much.

 

[beijingwalker]

time is running out for them,they know,we know,so it serves China's interest to shelve those issues for a bit longer,those islands won't go anywhere.let's play for time.

well done Philippines.
and after looking at the map, it becomes clear that the chinese are dsmanding a bit too much.

You should check out a world map and find how far The Guahan is from US,Dare anyone raise any issues about that island with US?We all know why that is the case.China has to claim the world's top spot from US,then all things will become easy to solve.

 

[rcrmj]

the islands are ours as simple as that```prolong the issues in South China Sea will only doing our favour

 

[Kiss_of_the_Dragon]

However, face with a bigger and well equipped Japan Defense Force over the Senkaku Islands, with its tail between its back legs, China wants to use UNCLOS.

Heh dude, that's call using power within: we use the power to block Philippinnes from using UNCLOS and we use the power to get UNCLOS on our side against Japan...sound fair to you? go cry river.

As for tail between legs, we chinese has not yet hide under anybody's shadow as your country and Japan do...your description of us is totally wrong.

 

[beijingwalker]

let's wait for another 10 years

The Economist: China has surpassed U.S. in many economic indices
December 4, 5:54 pm

The Economist magazine pointed out in a recent article that in the 21 different economic indices including manufacturing output, export, fixed investment, China has surpassed U.S. by more than half.

The article also predicted when China will outperform U.S. in the rest indices. It pointed out that by 2014, China is expected to be the largest import country in the world and meanwhile has the largest retail sales. Nonetheless, U.S. still keeps great strengths in some of the indices, for instance, its capital in stock market is 4 times that of China and its national defense expense is 5 times that of China.

When Goldman Sachs first made prediction for the economic growth of the BRICs (Brazil, Russian, India and China) in 2003, it predicted that China would possibly surpass U.S. in 2041. But now the prediction is adjusted to 2027. And Standard Chartered predicted in 2010 that the surpassing year might be 2020.

The Economist estimated that the current GDP of U.S. is still twice that of China under market exchange rate. In the past ten years, the average annual GDP growth was 10.5 percent in China and 1.6 percent in U.S..The average annual inflation rate was 4.3 percent in China and 2.2 percent in U.S. respectively. Since China aborted yuan’s peg to the dollar, the average annual appreciation of yuan has been slightly over 4 percent.

The prediction towards the coming 10 years by the Economist was: the average annual GDP growth rates are likely to be 7.75 percent in China and 2.5 percent in U.S..The average annual inflation rates are expected to be 4 percent and 1.5 percent. Meanwhile, it is expected that yuan depreciate 3 percent each year. Considering these variables altogether, China is expected to outrange U.S. in 2018. If the actual economic growth rate is only 5 percent in the next 10 years (others unchanged), China will likely to outperform U.S. in 2021.

 

[Ayush]

time is running out for them,they know,we know,so it serves China's interest to shelve those issues for a bit longer,those islands won't go anywhere.let's play for time.



You should check out a world map and find how far The Guahan is from US,Dare anyone raise any issues about that island with US?We all know why that is the case.China has to claim the world's top spot from US,then all things will become easy to solve.

ok. let us say what usa is doing is wrong.so doea that mean you will do the same just to show that you are a superpower?

 

[manojb]

Well done Philippines.. good luck!


Vietnam your turn next..!

 

[Kiss_of_the_Dragon]

Well done Philippines.. good luck!

Vietnam your turn next..!

How about cheerleading India, we have not finish with you, your turn will be soon....LMAO

 

[manojb]

How about cheerleading India, we have not finish with you, your turn will be soon....LMAO

you sure.. your comrade want to wait for 10 more years!!

 

[Kiss_of_the_Dragon]

you sure.. your comrade want to wait for 10 more years!!

The more we wait, the more you pray...I guess a long suffering is better than a short pain .