South China Sea Forum

[Genesis]

Does China enforce its non registered foreign fishermen ban ? How has Vietnam reacted ?

yes we do, more or less. Not sure how they reacted, don't care.

man, I thought we stood a chance before, but now that Vietnam and Malaysia on are the scene, let's pack it up and go home.

 

[aliaselin]

Philippines really need make false news to poisoning themselves.
They pretend not to see what a good relationship China and Malaysia have.

 

[Krueger]

China's assertiveness hardens Malaysian stance in sea dispute
BY STUART GRUDGINGS

(Reuters) - The submerged reef would be easy to miss, under turquoise seas about 80 km (50 miles) off Malaysia's Borneo island state of Sarawak.

But two Chinese naval exercises in less than a year around the James Shoal have shocked Malaysia and led to a significant shift in its approach to China's claims to the disputed South China Sea, senior diplomats told Reuters. The reef lies outside Malaysia's territorial waters but inside its 200 nautical mile exclusive economic zone.

The latest incident in January, in particular, prompted Malaysia to quietly step up cooperation with the Philippines and Vietnam, the two Southeast Asian nations most outspoken over China's moves in the region, in trying to tie Beijing to binding rules of conduct in the South China Sea, the diplomats said.

Beijing's growing naval assertiveness could also push Malaysia closer to the United States, its top security ally, thus deepening divisions between Southeast Asia and China over the potentially mineral-rich waters.

Malaysia has traditionally played down security concerns in pursuit of closer economic ties with China, its biggest trade partner.

The James Shoal, which China calls Zengmu Reef, is 1,800 km (1,100 miles) from mainland China. It is closer to Malaysia, Brunei, Singapore, the Philippines, Vietnam and Indonesia - nearly all of Southeast Asia - than it is to China's coast.

Nevertheless, Beijing regards those waters as its southernmost territory, the bottom of a looping so-called nine-dash line on maps that comprise 90 percent of the 3.5 million sq km (1.35 million sq mile) South China Sea.

Pictures from China's state media on January 26 showed hundreds of Chinese sailors standing to attention on a warship's deck, backed by two destroyers and a helicopter that was reported to be at James Shoal.

Malaysia's navy chief denied the Chinese media reports at the time, telling state news agency Bernama the ships were far from Malaysian waters, which are rich in the oil and gas that power the nation's economy. He may have been able to deny the incursion because Malaysian forces did not monitor or sight the Chinese flotilla, security analysts said.

But diplomatic and naval security sources have told Reuters the exercise by three warships, which included an oath-taking ceremony to defend China's sovereignty, almost certainly took place at or close to James Shoal.

"It's a wake-up call that it could happen to us and it is happening to us," Tang Siew Mun, a foreign policy specialist at Malaysia's Institute of Strategic and International Studies who advises the government, said of the recent incidents.

"For some time we believed in this special relationship ... James Shoal has shown to us over and again that when it comes to China protecting its sovereignty and national interest it's a different ball game."

MORE URGENCY ON MARITIME CODE

Neither Malaysia's Foreign Ministry nor the prime minister's office responded to requests for comment.

While Malaysia's public response to the January incident was typically low key, senior diplomats from other Southeast Asian nations said their Malaysian counterparts had been far more active since then in pushing for a common stance in talks with China over a code of conduct for the South China Sea.

Officials from the 10-member Association of Southeast Asian Nations (ASEAN) and China will resume negotiations in Singapore on March 18 after agreeing to accelerate talks last year that have made little headway so far.

The code is intended to bind China and ASEAN to detailed rules of behaviour at sea, reducing the chance of an escalation in tensions that could lead to conflict. China says it is sincere in trying to reach an agreement.

Malaysia, the Philippines, Vietnam, Brunei and Taiwan claim parts of the sea. All are members of ASEAN except Taiwan.

Less than a week after the January incident, Malaysian Foreign Minister Anifah Aman made a previously unannounced private visit to Manila to meet his Philippine counterpart, the Philippine Foreign Ministry said. The South China Sea issue was discussed, a ministry spokesman said.

Then on February 18, officials from the Philippines, Malaysia and Vietnam held a meeting to coordinate policy towards China on the maritime dispute and code of conduct, a diplomat with knowledge of the talks in Manila said.

"In the past it was only the Philippines and Vietnam that were pushing for this meeting, but now we see Malaysia getting involved," said the diplomat.

At the unannounced talks, the officials agreed to reject China's nine-dash line, push for an early conclusion to the code of conduct negotiations and ask Brunei to join a meeting with the three countries in Kuala Lumpur in March, the diplomat said.

Malaysia's change in tack comes ahead of visits to Kuala Lumpur by Philippine President Benigno Aquino this week and U.S. President Barack Obama in April.

U.S. officials have also hardened their stance toward China over the South China Sea in recent weeks. On February 13, the commander of the U.S. Navy, Admiral Jonathan Greenert, said Washington would come to the aid of the Philippines in the event of conflict with China over the disputed waters.

Those sorts of comments could embolden some countries, said Hong Nong, deputy director of the Research Centre for Oceans Law & Policy at the National Institute for South China Sea Studies on China's Hainan Island.

"That will have an influence on ASEAN. In the past the U.S. never made it clear it was going to stand by whom," said Hong.
NEW MALAYSIAN NAVAL BASE

In March 2013, a similar exercise at the James Shoal by a four-ship Chinese amphibious taskforce rattled Malaysia and prompted it to make a rare private protest to Beijing.

"These two developments are very worrying for Malaysia's national security establishment," said Ian Storey, a senior fellow at Singapore's Institute of Southeast Asian Studies.

"We can anticipate there will be more of this kind of incident in the future. The PLA (People's Liberation Army) will show the flag in Malaysian waters and this will require Malaysia to recalibrate its policy."

Malaysia already appears to be doing that.

In October, it announced plans to build a navy base in Bintulu on Sarawak, the closest major town to the James Shoal, where a new Marine Corps, modelled on the U.S. version, will be stationed. Without mentioning China, the defence minister said the aim was to protect oil and gas reserves in the region.

In unusually blunt language, Prime Minister Najib Razak said in New York last September that China was sending "mixed signals" and could not afford to alienate its Asian neighbours.

Washington is expected to give advice and possibly training to help Malaysia set up its Marine Corps, Malaysian security analysts said.

"This is a very important development," said Tang, the foreign policy specialist, adding it could significantly deepen U.S.-Malaysia military ties.

U.S. naval commander Greenert told reporters he had discussed the formation of the new Marine Corps with his Malaysian counterparts during a visit to Malaysia this month, but said details on the new force were sketchy.

WORRY OVER CHINA REACTION

Despite its shifting stance, Malaysia will likely stop short of risking any chill in ties with China, which routinely says its ships patrol the region to protect the country's sovereignty.

Sources close to Malaysia's government said it is not considering joining a legal challenge the Philippines has lodged against China over South China Sea claims.

Manila has taken its dispute to arbitration under the U.N. Convention on the Law of the Sea and its lawyers say the tribunal in The Hague has the power to allow other states to join the action. China is refusing to participate in the case.

Malaysia has given the impression of seeing the South China Sea dispute as a hitch in an otherwise thriving and historic relationship. Najib's father, who was also prime minister, established Malaysia's formal ties with Beijing in 1974, the first ASEAN country to do so.

Malaysia offers a "more sober and highly nuanced way of resolving regional conflicts", the pro-government New Straits Times said last October before Chinese President Xi Jinping visited the country.

Economic ties have surged, with Najib and Xi setting a goal last year to triple two-way trade to $160 billion by 2017.

One senior Western diplomat said he expected no major shift in Malaysia's overall policy of balancing its alliances with Beijing and Washington.

"In principle they are committed to the ASEAN position and the code of conduct. But at the same time they worry about a China reaction," the diplomat said.

"They think they can cut a deal. China will not cut a deal. You can see that China is getting step by step more aggressive."

China's assertiveness hardens Malaysian stance in sea dispute| Reuters

Philippines, Malaysia agree on settlement of disputes

MANILA: President Benigno “Noynoy” Aquino on Friday said the Philippines and Malaysia have agreed on the peaceful resolution of disputes among claimants in the South China in accordance with international laws particularly on the UN Conference on the Law of the Sea (UNCLOS).

“We believe that adherence to the rule of law, positive engagement and sincere dialogue are fundamental if we are to build a truly prosperous and peaceful Southeast Asia where no one is left behind,” Aquino said.

Aquino appeared in a televised joint press conference in Kuala Lumpur with Prime Minister Najib Razak of Malaysia where the Philippine leader is on a two-day state visit, which was monitored by Malacanang Palace.

To ensure security, Aquino said he and Razak also agreed to strengthen defence co-operation between the two countries, particularly on the educational and training exchanges among their military and defence officials.

The Philippines, Malaysia and their two other partners in the Association of Southeast Asian Nations (Asean) — Vietnam and Brunei — are involved in a territorial dispute with China in part or in whole over the Spratly island group in the South China Sea.

In addition, Aquino has also sought international help including Malaysia for the peaceful resolution of its dispute with China over the Scarborough Shoal where a Chinese coast guard vessel fired water cannons to drive away Filipino fishermen on Jan.27.

In the same press conference, meanwhile, Aquino also thanked the Malaysian government for brokering the negotiations since 2001 between the government and the Moro Islamic Liberation Front (MILF) that could lead to the signing of a peace treaty aimed at ending decades-long war and violence in resource-rich Mindanao.

“The successful conclusion of the Mindanao peace process,” Aquino said, “finds root in the determination of both our peoples to strengthen the foundations of peace and justice.”

In October 2012, Razak visited the Philippines on Aquino’s invitation to witness the signing of the historic framework agreement between the government and the MILF at Malacanang Palace.

Under the agreement, the government was to set up a new Bangsamoro political entity to be carved out initially from the Autonomous Region in Muslim Mindanao (ARMM) composed of the provinces of Maguindanao, Lanao del Sur, Sulu, Basilan and Tawi-Tawi as well as Marawi City.

gulftoday.ae | Philippines, Malaysia agree on settlement of disputes
​

 

[Kyusuibu Honbu]

China's assertiveness hardens Malaysian stance in sea dispute
BY STUART GRUDGINGS

(Reuters) - The submerged reef would be easy to miss, under turquoise seas about 80 km (50 miles) off Malaysia's Borneo island state of Sarawak.

But two Chinese naval exercises in less than a year around the James Shoal have shocked Malaysia and led to a significant shift in its approach to China's claims to the disputed South China Sea, senior diplomats told Reuters. The reef lies outside Malaysia's territorial waters but inside its 200 nautical mile exclusive economic zone.

The latest incident in January, in particular, prompted Malaysia to quietly step up cooperation with the Philippines and Vietnam, the two Southeast Asian nations most outspoken over China's moves in the region, in trying to tie Beijing to binding rules of conduct in the South China Sea, the diplomats said.

Beijing's growing naval assertiveness could also push Malaysia closer to the United States, its top security ally, thus deepening divisions between Southeast Asia and China over the potentially mineral-rich waters.

Malaysia has traditionally played down security concerns in pursuit of closer economic ties with China, its biggest trade partner.

The James Shoal, which China calls Zengmu Reef, is 1,800 km (1,100 miles) from mainland China. It is closer to Malaysia, Brunei, Singapore, the Philippines, Vietnam and Indonesia - nearly all of Southeast Asia - than it is to China's coast.

Nevertheless, Beijing regards those waters as its southernmost territory, the bottom of a looping so-called nine-dash line on maps that comprise 90 percent of the 3.5 million sq km (1.35 million sq mile) South China Sea.

Pictures from China's state media on January 26 showed hundreds of Chinese sailors standing to attention on a warship's deck, backed by two destroyers and a helicopter that was reported to be at James Shoal.

Malaysia's navy chief denied the Chinese media reports at the time, telling state news agency Bernama the ships were far from Malaysian waters, which are rich in the oil and gas that power the nation's economy. He may have been able to deny the incursion because Malaysian forces did not monitor or sight the Chinese flotilla, security analysts said.

But diplomatic and naval security sources have told Reuters the exercise by three warships, which included an oath-taking ceremony to defend China's sovereignty, almost certainly took place at or close to James Shoal.

"It's a wake-up call that it could happen to us and it is happening to us," Tang Siew Mun, a foreign policy specialist at Malaysia's Institute of Strategic and International Studies who advises the government, said of the recent incidents.

"For some time we believed in this special relationship ... James Shoal has shown to us over and again that when it comes to China protecting its sovereignty and national interest it's a different ball game."

MORE URGENCY ON MARITIME CODE

Neither Malaysia's Foreign Ministry nor the prime minister's office responded to requests for comment.

While Malaysia's public response to the January incident was typically low key, senior diplomats from other Southeast Asian nations said their Malaysian counterparts had been far more active since then in pushing for a common stance in talks with China over a code of conduct for the South China Sea.

Officials from the 10-member Association of Southeast Asian Nations (ASEAN) and China will resume negotiations in Singapore on March 18 after agreeing to accelerate talks last year that have made little headway so far.

The code is intended to bind China and ASEAN to detailed rules of behaviour at sea, reducing the chance of an escalation in tensions that could lead to conflict. China says it is sincere in trying to reach an agreement.

Malaysia, the Philippines, Vietnam, Brunei and Taiwan claim parts of the sea. All are members of ASEAN except Taiwan.

Less than a week after the January incident, Malaysian Foreign Minister Anifah Aman made a previously unannounced private visit to Manila to meet his Philippine counterpart, the Philippine Foreign Ministry said. The South China Sea issue was discussed, a ministry spokesman said.

Then on February 18, officials from the Philippines, Malaysia and Vietnam held a meeting to coordinate policy towards China on the maritime dispute and code of conduct, a diplomat with knowledge of the talks in Manila said.

"In the past it was only the Philippines and Vietnam that were pushing for this meeting, but now we see Malaysia getting involved," said the diplomat.

At the unannounced talks, the officials agreed to reject China's nine-dash line, push for an early conclusion to the code of conduct negotiations and ask Brunei to join a meeting with the three countries in Kuala Lumpur in March, the diplomat said.

Malaysia's change in tack comes ahead of visits to Kuala Lumpur by Philippine President Benigno Aquino this week and U.S. President Barack Obama in April.

U.S. officials have also hardened their stance toward China over the South China Sea in recent weeks. On February 13, the commander of the U.S. Navy, Admiral Jonathan Greenert, said Washington would come to the aid of the Philippines in the event of conflict with China over the disputed waters.

Those sorts of comments could embolden some countries, said Hong Nong, deputy director of the Research Centre for Oceans Law & Policy at the National Institute for South China Sea Studies on China's Hainan Island.

"That will have an influence on ASEAN. In the past the U.S. never made it clear it was going to stand by whom," said Hong.
NEW MALAYSIAN NAVAL BASE

In March 2013, a similar exercise at the James Shoal by a four-ship Chinese amphibious taskforce rattled Malaysia and prompted it to make a rare private protest to Beijing.

"These two developments are very worrying for Malaysia's national security establishment," said Ian Storey, a senior fellow at Singapore's Institute of Southeast Asian Studies.

"We can anticipate there will be more of this kind of incident in the future. The PLA (People's Liberation Army) will show the flag in Malaysian waters and this will require Malaysia to recalibrate its policy."

Malaysia already appears to be doing that.

In October, it announced plans to build a navy base in Bintulu on Sarawak, the closest major town to the James Shoal, where a new Marine Corps, modelled on the U.S. version, will be stationed. Without mentioning China, the defence minister said the aim was to protect oil and gas reserves in the region.

In unusually blunt language, Prime Minister Najib Razak said in New York last September that China was sending "mixed signals" and could not afford to alienate its Asian neighbours.

Washington is expected to give advice and possibly training to help Malaysia set up its Marine Corps, Malaysian security analysts said.

"This is a very important development," said Tang, the foreign policy specialist, adding it could significantly deepen U.S.-Malaysia military ties.

U.S. naval commander Greenert told reporters he had discussed the formation of the new Marine Corps with his Malaysian counterparts during a visit to Malaysia this month, but said details on the new force were sketchy.

WORRY OVER CHINA REACTION

Despite its shifting stance, Malaysia will likely stop short of risking any chill in ties with China, which routinely says its ships patrol the region to protect the country's sovereignty.

Sources close to Malaysia's government said it is not considering joining a legal challenge the Philippines has lodged against China over South China Sea claims.

Manila has taken its dispute to arbitration under the U.N. Convention on the Law of the Sea and its lawyers say the tribunal in The Hague has the power to allow other states to join the action. China is refusing to participate in the case.

Malaysia has given the impression of seeing the South China Sea dispute as a hitch in an otherwise thriving and historic relationship. Najib's father, who was also prime minister, established Malaysia's formal ties with Beijing in 1974, the first ASEAN country to do so.

Malaysia offers a "more sober and highly nuanced way of resolving regional conflicts", the pro-government New Straits Times said last October before Chinese President Xi Jinping visited the country.

Economic ties have surged, with Najib and Xi setting a goal last year to triple two-way trade to $160 billion by 2017.

One senior Western diplomat said he expected no major shift in Malaysia's overall policy of balancing its alliances with Beijing and Washington.

"In principle they are committed to the ASEAN position and the code of conduct. But at the same time they worry about a China reaction," the diplomat said.

"They think they can cut a deal. China will not cut a deal. You can see that China is getting step by step more aggressive."

in.reuters.com/article/2014/02/26/malaysia-china-maritime-idINDEEA1P0GL20140226

Philippines, Malaysia agree on settlement of disputes

MANILA: President Benigno “Noynoy” Aquino on Friday said the Philippines and Malaysia have agreed on the peaceful resolution of disputes among claimants in the South China in accordance with international laws particularly on the UN Conference on the Law of the Sea (UNCLOS).

“We believe that adherence to the rule of law, positive engagement and sincere dialogue are fundamental if we are to build a truly prosperous and peaceful Southeast Asia where no one is left behind,” Aquino said.

Aquino appeared in a televised joint press conference in Kuala Lumpur with Prime Minister Najib Razak of Malaysia where the Philippine leader is on a two-day state visit, which was monitored by Malacanang Palace.

To ensure security, Aquino said he and Razak also agreed to strengthen defence co-operation between the two countries, particularly on the educational and training exchanges among their military and defence officials.

The Philippines, Malaysia and their two other partners in the Association of Southeast Asian Nations (Asean) — Vietnam and Brunei — are involved in a territorial dispute with China in part or in whole over the Spratly island group in the South China Sea.

In addition, Aquino has also sought international help including Malaysia for the peaceful resolution of its dispute with China over the Scarborough Shoal where a Chinese coast guard vessel fired water cannons to drive away Filipino fishermen on Jan.27.

In the same press conference, meanwhile, Aquino also thanked the Malaysian government for brokering the negotiations since 2001 between the government and the Moro Islamic Liberation Front (MILF) that could lead to the signing of a peace treaty aimed at ending decades-long war and violence in resource-rich Mindanao.

“The successful conclusion of the Mindanao peace process,” Aquino said, “finds root in the determination of both our peoples to strengthen the foundations of peace and justice.”

In October 2012, Razak visited the Philippines on Aquino’s invitation to witness the signing of the historic framework agreement between the government and the MILF at Malacanang Palace.

Under the agreement, the government was to set up a new Bangsamoro political entity to be carved out initially from the Autonomous Region in Muslim Mindanao (ARMM) composed of the provinces of Maguindanao, Lanao del Sur, Sulu, Basilan and Tawi-Tawi as well as Marawi City.

gulftoday.ae | Philippines, Malaysia agree on settlement of disputes
​

Interesting, Malaysia was only one among few nations, which did not overtly raise concerns of China with USA in diplomatic cables

 

[ViXuyen]

any sources for what you say?

Vietnam under the Nguyen had the most powerful naval fleet in SE Asia, with 30,000 sailors and hundreds of warships. The most famous naval battle between Vietnam and Thailand occured in year 1785, in Tiền Giang/ South Vietnam . Over 50,000 Siamese sailors were killed and 300 warships destroyed.

In 1644, just the navy of Nguyen Lord hammered a fleet of the Dutch in one battle near Thuan An. The warships of the Tay Son in the 1790's could mount 66 cannons on them; a feat could only be rivaled by the Europeans at that time. The Tokugawa Shogunate of Japan did not sue for "trade" with Viet Nam by accident. Viet Nam always had a strong navy throughout history and this 21st century is the resurrection of our past glory.

 

[Genesis]

watch at 1:50, lol I thought this ship was fake, a joke, but it actually exist rofl

lol, this is just too much, lol.

China really does look the bully, we are arguing with a people that uses ship unfit for Somalian pirates, lol. This is not a proud moment for the Chinese, 20 years later when we look back, this isn't a conflict, it's a joke.

 

[Zero_wing]

watch at 1:50, lol I thought this ship was fake, a joke, but it actually exist rofl

lol, this is just too much, lol.

China really does look the bully, we are arguing with a people that uses ship unfit for Somalian pirates, lol. This is not a proud moment for the Chinese, 20 years later when we look back, this isn't a conflict, it's a joke.

Man underestimating us will be your undoing

 

[WuMaoCleverbot]

No basis in China’s historical right over West Phl Sea’
By Edu Punay (The Philippine Star) | Updated March 10, 2014 - 12:00am

MANILA, Philippines - China’s most salient argument in its territorial claim over the West Philippine Sea – its historical right – holds no water, according to a senior justice of the Supreme Court (SC).

“China’s claim to a historical right to the waters enclosed within the nine-dash lines in the South China Sea is utterly without basis under international law,” Senior Associate Justice Antonio Carpio said, echoing what he said is “almost universal opinion of non-Chinese scholars on the law of the sea.”

In his speech during the 19th National Convention and Seminar of the Philippine Women Judges Association last week, Carpio cited China’s claim of “historical facts” on Scarborough Shoal.

China claims that Scarborough Shoal, which it calls Huangyan Island, is the Nanhai Island that 13th century Chinese astronomer-engineer-mathematician Guo Shoujing allegedly visited in 1279 on the order of Kublai Khan, the first emperor of the Yuan Dynasty, to conduct a survey of the Four Seas to update the Sung Dynasty calendar system.

This supposed visit of Gou Shoujing to Scarborough Shoal in 1279 is the only historical link that China claims to Scarborough Shoal.

But Carpio stressed that China already used the same claim in another territorial dispute – against Vietnam over the Paracels islands.

Headlines ( Article MRec ), pagematch: 1, sectionmatch: 1
He cited a January 30, 1980 document titled “China’s Sovereignty Over Xisha and Zhongsa Islands Is Indisputable” published in Beijing Review, saying that China’s Ministry of Foreign Affairs officially declared that the Nanhai Island that Guo Shoujing visited in 1279 was in Xisha or what is internationally called the Paracels, a group of islands more than 380 NM from Scarborough Shoal.

“China issued this official document to bolster its claim to the Paracels to counter Vietnam’s strong historical claims to the same islands. The astronomical observation point Nanhai was today’s Xisha Islands. It shows that Xisha Islands were within the bounds of China at the time of the Yuan dynasty,” Carpio pointed out.

Carpio, who has apparently been studying the territorial dispute pending before the United Nations International Tribunal on Law of the Seas (ITLOS), also noted that it is puzzling how Guo Shoujing went ashore to “visit” Scarborough Shoal when “it was just a rock, with no vegetation, and did not even have enough space to accommodate an expedition party.”

“Worse, the Chinese historical account that Guo Shoujing installed one of the 27 Chinese observatories on Nanhai Island clearly rules out any possibility that Scarborough is Nanhai Island because no observatory could have possibly been physically installed on Scarborough Shoal at that time,” he added.

Assuming China’s historical claim is valid, it should no longer be honored under international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), Carpio said.

“First, UNCLOS extinguished all historical rights of other states within the 200 nautical miles exclusive economic zone of the adjacent coastal state. That is why this 200 NM zone is called ‘exclusive’ – no state other than the adjacent coastal state can exploit economically its resources. Fishing rights that other states historically enjoyed within the EEZ of a coastal state automatically terminated upon the effectivity of UNCLOS,” he explained.

“Moreover, UNCLOS prohibits states from making any reservation or exception to UNCLOS unless expressly allowed by UNCLOS. Any reservation of claims to historical rights over the EEZ or ECS of another coastal state is prohibited because UNCLOS does not expressly allow a state to claim historical rights to the EEZ or ECS of another state. In short, UNCLOS does not recognize ‘historical rights’ as basis for claiming the EEZs or ECSs of other coastal states,” he added.

The SC justice also argued that a state can only claim “historical rights” over waters that are part of its internal waters or territorial sea.

“The South China Sea, beyond the 12 NM territorial sea of coastal states, has never been considered as the internal waters or territorial sea of any state. Since time immemorial, ships of all nations have exercised freedom of navigation in the South China Sea,” he noted.

“If the South China Sea were the internal waters or territorial sea of China, then no state could have exercised freedom of navigation and freedom of over-flight over the South China Sea,” he added.

In other words, Carpio said China’s claim to the waters enclosed by the nine-dash line claim does not fall under any of the maritime zones – internal waters, territorial sea, EEZ and ECS – recognized by UNCLOS that can be claimed by a coastal state.

Lastly, the SC justice said China failed to satisfy any of the conditions to claim historical rights under the general principles and rules of international law: formal announcement to the international community, continuous exercise of sovereignty over the waters it claims as its own internal waters or territorial sea, and recognition and tolerance from other states.

China’s nine-dash line claim was “never effectively enforced.”

“China officially notified the world of its nine-dash line claim only in 2009 when China submitted the nine-dash line map to the United Nations Secretary General. Not a single country in the world recognizes, respects, tolerates or acquiesces to China’s nine-dash line claim,” Carpio stressed.

And while the issue has not yet reached the High Court, Carpio said the government should fight China’s claim that puts at stake 80 percent of its exclusive economic zone and 100 percent of its extended continental shelf in the West Philippines Sea.

It was not the first time Carpio publicly defended the government’s claim on the disputed islands and waters.

Last year, the magistrate said he believes the Philippines will win the arbitration case before ITLOS. But at the same time, he was pessimistic as to whether China would comply with a hostile ruling. Because of this, he said international support to the Philippines’ case would be vital.

‘No basis in China’s historical right over West Phl Sea’ | Headlines, News, The Philippine Star | philstar.com

 

[Rahul9090]

The Philippines strongly protested Tuesday China's recent actions to drive away two Philippine navy chartered vessels that tried to approach the Second Thomas Shoal, a submerged shoal in the South China Sea.

"China's actions constitute a clear and urgent threat to the rights and interests of the Philippines under the 1982 U.N. Convention on the Law of the Sea," a statement issued by the Department of Foreign Affairs said.

The Second Thomas Shoal, known in the Philippines as the Ayungin Shoal, is about 105 nautical miles off the coast of the Philippines' westernmost island province Palawan.

China calls it as Ren'ai Reef.

The statement said the shoal "is part of the Philippines and therefore, the Philippines is entitled to exercise sovereignty rights and jurisdiction in the area without the permission of other States."

"Furthermore, the civilian vessels contracted by the Philippine Navy were only conducting rotation of personnel and resupply operations," it said.

Raul Hernandez, a spokesman for the Department of Foreign Affairs, said the department summoned Chinese Charge d'Affaires Sun Xiangyang " to hand over a note verbale to express (the Philippines') objection to China's actions and urged China to desist from any further interference with the efforts of the Philippines to undertake rotation and resupply operations at the shoal."

Quoting Chinese Foreign Ministry spokesman Qin Gang, Reuters reported Monday the Chinese ships were patrolling waters around Second Thomas Shoal when they spotted the Philippine boats carrying construction materials and Philippine flags.

The boats left the area after being warned off, the report said.

Hernandez said the incident happened around 9:30 a.m. Sunday.

"(The Chinese coast guard ships) just appeared and sometime later they tried to block our ships," he told reporters.

Peter Paul Galvez, a spokesman for the Philippine Department of National Defense, said the ships were en route to the shoal "to re-provision."

He said the ships were chartered by the Philippine navy, but he did not say if the boats were carrying construction materials.

The submerged Second Thomas Shoal is part of a group of islands, rocks, reefs and cays known together as the Spratly Islands that are claimed in part or in whole by China, Taiwan, Vietnam, Malaysia, the Philippines and Brunei.

The Philippines has garrisoned troops on nine pieces of disputed territory, including the Second Thomas Shoal.

Beijing has demanded Manila remove a rusty, World War II-vintage landing ship it grounded on the shoal in 1999 that serves as an outpost for Philippine troops.

Since February last year, the Philippine military has noted an increase in sightings of Chinese maritime law enforcement vessels and Chinese navy ships in the vicinity of the Second Thomas Shoal.

On Feb. 25, the Philippines lodged a similar protest against the Chinese coast guard for using water cannons to drive away Filipino fishermen near the disputed Scarborough Shoal in the South China Sea in January.

The shoal, known in the Philippines as Panatag or Bajo de Masinloc and in China as Huangyan Island, is 230 kilometers from Luzon, the main island of the Philippines, north of the Spratly Islands.

Philippines protests Chinese actions in disputed sea | GlobalPost

 

[tranquilium]

Hey, if you think "China's actions constitute a clear and urgent threat to the rights and interests of the Philippines under the 1982 U.N. Convention on the Law of the Sea,", why don't you try to sue China again in UN court? Maybe it will turn out better than the last half dozen times?

 

[Superboy]

Hey, if you think "China's actions constitute a clear and urgent threat to the rights and interests of the Philippines under the 1982 U.N. Convention on the Law of the Sea,", why don't you try to sue China again in UN court? Maybe it will turn out better than the last half dozen times?

UN? Seriously? Which countries in the UN has power?

 

[tranquilium]

UN? Seriously? Which countries in the UN has power?

Exactly. There is a joke regarding UN:

When UN tries to settle dispute between two small nations, the dispute is gone.
When UN tries to settle dispute between a small nation and a major nation, the small nation is gone.
When UN tries to settle dispute between two major nations, UN is gone.

 

[Genesis]

Go to the UN, America has set the precedent, UN is useless, while Russia has confirmed it. So one doesn't have the moral high ground the other needs us.

Now what can the Philippines offer.

 

[Viet]

UN is useless. the bigger wins, the smaller loses. Jungle´s law. Chinese posters here are drunken. But perhaps they are right.

 

[Genesis]

UN is useless. the bigger wins, the smaller loses. Jungle´s law. Chinese posters here are drunken. But perhaps they are right.

Small doesn't have to lose, the UK didn't, but you can't do what the UK did, not because you are inferior but because the timing is not right and you are not exactly starting on equal ground.

Small also don't have to lose, if you are smart, admit when you are no match, but then use that to your advantage. China needs a friend to legitimize South China Sea, I mean we could do without, but it's always nice if we had support, and it'll be quicker, as well as not give America a chance at interfering.

Vietnam can never lead China, but you could lead ASEAN, massive investments, quality military equipment at a way better price, and much more.

Sure, you lose on the South China sea, but it's a token lose, you were never going to win that, but instead you could gain the partnership of the next super power. You won't say the UK is not respected today because they aren't the US are you. Leading ASEAN is a far better prize to my mind, it's more lucrative and we can also cut you in to our African and South American holdings.


But I know all I'm going to hear from Vietnam members is either, PLA no morale, Chinese economy done, Vietnam Vietnam Vietnam, or 1979. BTW, just a fun read, check out the Ethiopian and Italian conflict, the first and second one.