South China Sea Forum

[Viet]

The memorial Monument dedicated to members of the Hoang Sa (Paracel) Fleet on Ly Son Island. Photo: VNA

The Administrative Headquarters of Vietnam on Hoang Sa (Paracel) Island before 1945

 

[Soryu]

I just saw this on MP:

user post this who said about: "Iskander E ???" and "... somewhere in Vietnam"
If this was real, that'll be big surprise and unbelievable thing.

P/S: don't know where I should post it, so I post it here...

 

[EastSea]

this map makes me feel frustrated.go ask if Mongols agree with the map. and we lost Sakhalin in 1860

The map show that Islands in the past China didn't have Islands Paracel and Spratly. and Mongols and Russian can say in the past China illegally claimed territoriality of them.

 

[Malaya]

PH takes China to UN arbitral tribunal

MANILA, Philippines – The Department of Foreign Affairs (DFA) on Tuesday announced that the Philippines has taken the step of bringing its West Philippine Sea (South China Sea) territorial disputes to China before an Arbitral Tribunal under the United Nations Convention on the Law of the Sea (UNCLOS) to achieve a peaceful and durable solution to the disputes. The announcement was made by Foreign Affairs Secretary Albert Del Rosario.

Del Rosario, in a press conference, said that a note verbale detailing the notification and statement of claim that “challenges before the Arbitral Tribunal the validity of China’s nine-dash claim to almost the entire South China Sea (SCS) including the West Philippine Sea and to desist from unlawful activities that violate the sovereign rights and jurisdiction of the Philippines under the 1982 UNCLOS” was handed to Chinese Ambassador to the Philippines Ma Keqing at around 1 p.m. Tuesday.

“The Philippines has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of its maritime dispute with China……To this day, a solution is still elusive. We hope that the Arbitral Proceedings shall bring this dispute to a durable solution,” Del Rosario said. “We hope that China would join us in this aspiration,” Del Rosario said. Del Rosario noted that Solicitor General Francis H. Jardeleza has been tasked as the legal representative for the Philippines in these Arbitral proceedings. “The lead counsel of the Philippines is Paul Reichler of Foley and Hoag LLP,” he said.

PH takes China to UN arbitral tribunal | Inquirer Global Nation

 

[Viet]

PH takes China to UN arbitral tribunal

Respect, go ahead Philippines!

 

[Malaya]

Philippine Foreign secretary Albert del Rosario (L) and solicitor general Francis Jardeleza during in Manila on January 22, 2013.


Statement: The Secretary of Foreign Affairs on the UNCLOS Arbitral Proceedings against China, January 22, 2013

Statement of Secretary Albert del Rosario:

On the UNCLOS Arbitral Proceedings against China to achieve a peaceful and durable solution to the dispute in the West Philippine Sea

[Released on January 22, 2013]

Good afternoon, ladies and gentlemen of the print and broadcast media.

I have the honor to introduce to you the Honorable Solicitor General of the Philippines Francis H. Jardeleza who stands with me here today.

This afternoon, the Philippines has taken the step of bringing China before an Arbitral Tribunal under Article 287 and Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in order to achieve a peaceful and durable solution to the dispute over the West Philippine Sea (WPS).

At around one o’clock this afternoon, the Chinese Ambassador to the Philippines H.E. Ma Keqing was summoned to the Department of Foreign Affairs and was handed a Note Verbale by Assistant Secretary Teresa Lazaro. The Note Verbale contains the Notification and Statement of Claim that challenges before the Arbitral Tribunal the validity of China’s nine-dash line claim to almost the entire South China Sea (SCS) including the WPS and to desist from unlawful activities that violate the sovereign rights and jurisdiction of the Philippines under the 1982 UNCLOS.

I furnish you with a copy of the Note Verbale with the Notification and Statement of Claim.

This Notification initiates the arbitral proceedings under Article 287 and Annex VII of UNCLOS.

The initiation of Arbitral Proceedings against China on the nine-dash line is an operationalization of President Aquino’s policy for a peaceful and rules-based resolution of disputes in the WPS in accordance with international law specifically UNCLOS.

The Philippines has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of its maritime dispute with China. On numerous occasions, dating back to 1995, the Philippines has been exchanging views with China to peacefully settle these disputes. To this day, a solution is still elusive. We hope that the Arbitral Proceedings shall bring this dispute to a durable solution.

Our legal position before this UNCLOS Arbitral Tribunal is explained in this carefully crafted Notification and Statement of Claim. I invite the media to study closely the legal document we have given you so as to accurately report on the Philippine legal position.

Allow me, however, to highlight some salient points in the Notification and Statement of Claim:

The Philippines asserts that China’s so-called nine-dash line claim that encompasses virtually the entire South China Sea/West Philippine Sea is contrary to UNCLOS and thus unlawful.
Within the maritime area encompassed by the 9-dash line, China has also laid claim to, occupied and built structures on certain submerged banks, reefs and low tide elevations that do not qualify as islands under UNCLOS, but are parts of the Philippine continental shelf, or the international seabed. In addition, China has occupied certain small, uninhabitable coral projections that are barely above water at high tide, and which are “rocks” under Article 121 (3) of UNCLOS.
China has interfered with the lawful exercise by the Philippines of its rights within its legitimate maritime zones, as well as to the aforementioned features and their surrounding waters.
The Philippines is conscious of China’s Declaration of August 25, 2008 under Article 298 of UNCLOS (regarding optional exceptions to the compulsory proceedings), and has avoided raising subjects or making claims that China has, by virtue of that Declaration, excluded from arbitral jurisdiction.
In this context, the Philippines is requesting the Arbitral Tribunal to issue an Award that, among others:

- Declares that China’s rights in regard to maritime areas in the South China Sea, like the rights of the Philippines, are those that are established by UNCLOS, and consist of its rights to a Territorial Sea and Contiguous Zone under Part II of UNCLOS, to an EEZ under Part V, and to a Continental Shelf under Part VI;

- Declares that China’s maritime claims in the SCS based on its so-called nine-dash line are contrary to UNCLOS and invalid;

- Requires China to bring its domestic legislation into conformity with its obligations under UNCLOS; and

- Requires that China desist from activities that violate the rights of the Philippines in its maritime domain in the West Philippine Sea.

The Philippines asserts that the Arbitral Tribunal has jurisdiction to hear and make an award based on its Notification and Statement of Claim because the dispute is about the interpretation and application by States Parties of their obligations under the UNCLOS. Article 287 (1) of UNCLOS provides that “settlement of disputes concerning the interpretation and application of this Convention” may be referred by the Parties for resolution under Part XV of UNCLOS.

The Philippines further asserts that the claim is well founded in fact and law based on the Notification and Statement of Claims and supplementary documents that will be submitted in the course of the arbitral proceedings.

Solicitor General Francis H. Jardeleza is the agent or legal representative for the Philippines in this Arbitral Proceedings. The lead counsel of the Philippines is Mr. Paul Reichler of Foley and Hoag LLP.

The Philippines has always asserted that international law including UNCLOS will be the great equalizer in resolving this dispute over the West Philippine Sea.

While we proceed with the legal track, the Philippines continuous to exert all efforts to move forward and enhance its relations with China on the basis of mutual respect.

We strongly believe that this action is the appropriate response to put our diplomatic relations in its proper context.

We hope that China would join us in this aspiration.

This ends our press briefing, ladies and gentlemen.

We will give you a set of questions with corresponding responses to complete your information.

We thank you as we understand you have a deadline to meet.

Statement: The Secretary of Foreign Affairs on the UNCLOS Arbitral Proceedings against China, January 22, 2013 | Official Gazette of the Republic of the Philippines

 

[Malaya]

Related news

Philippines takes territorial fight with China to international tribunal - CNN.com

BBC News - Philippines 'to take South China Sea row to court'

Philippines Taking S. China Sea Fight to Tribunal | TIME.com

Philippines takes China to United Nations over sea row: Straight Times

Philippines seeks U.N. help to resolve maritime row with China | Reuters

Philippines takes China to UN court over sea row: Voice of Russia

Philippines to bring South China Sea dispute with Beijing to tribunal: The Guardian

 

[shuttler]

CNTV.cn

Philippines fines US for stranded ship

01-22-2013 21:55 BJT

Philippines Transportation and Communications Secretary Joseph Abaya says his country’s government has filed a claim for damages over the grounded US minesweeper "Guardian" in the southern Philippines Reefs.

Authorities say they have fined the US Navy for "non-payment of conservation fee" and "obstruction of law enforcement officer". And they will decide additional fines after the ship has been extricated and the damage to the reefs has been properly assessed.

Experts and authorities say it may take 7-10 days to fully assess the destruction. But according to the World Wide Fund for Nature, the window of opportunity to safely remove the ship is closing fast as rough weather is expected to worsen over the next few days.

*****************************

Philippines protest against US ship grounding in world heritage site

01-21-2013 21:50 BJT

CNTV.cn

Dozens of Filipino environmentalists have held a rally near the US Embassy in Manila.

Dozens of Filipino environmentalists have held a rally near the US Embassy in Manila. They protested against the recent grounding of a US Navy Minesweeper in a world heritage site: the Tubbataha Reef National Park.

Protesters called for the government to junk an agreement between US and Philippine troops to hold joint exercises. The Philippines said Monday it would file damage claims against the US for the damage its vessel has caused. Philippine President Benigno Aquino has given instructions not to allow the US navy to salvage its grounded ship without Philippine involvement, in order to minimize damage to coral reefs.

The USS Guardian struck a coral reef in the early hours of last Thursday. No oil spill has yet been detected. US Navy ships have recently increased visits to Philippine ports, as a result of a redeployment of US forces in the Asia-Pacific region.

Related news

Philippines takes territorial fight with China to international tribunal - CNN.com

BBC News - Philippines 'to take South China Sea row to court'

Philippines Taking S. China Sea Fight to Tribunal | TIME.com

Philippines takes China to United Nations over sea row: Straight Times

Philippines seeks U.N. help to resolve maritime row with China | Reuters

Philippines takes China to UN court over sea row: Voice of Russia

Philippines to bring South China Sea dispute with Beijing to tribunal: The Guardian

What a waste of time and money!

 

[Gooo]

What exactly is the UN going to do to China?

 

[EastSea]

What exactly is the UN going to do to China?

Claim of China is illegal, violated terms and conditions of UNCLOS, china has been signed and have to respect it..

 

[auspice]

CNTV.cn

Philippines fines US for stranded ship

01-22-2013 21:55 BJT

Philippines Transportation and Communications Secretary Joseph Abaya says his country’s government has filed a claim for damages over the grounded US minesweeper "Guardian" in the southern Philippines Reefs.

Authorities say they have fined the US Navy for "non-payment of conservation fee" and "obstruction of law enforcement officer". And they will decide additional fines after the ship has been extricated and the damage to the reefs has been properly assessed.

Experts and authorities say it may take 7-10 days to fully assess the destruction. But according to the World Wide Fund for Nature, the window of opportunity to safely remove the ship is closing fast as rough weather is expected to worsen over the next few days.

*****************************

Philippines protest against US ship grounding in world heritage site

01-21-2013 21:50 BJT

CNTV.cn

Dozens of Filipino environmentalists have held a rally near the US Embassy in Manila.

Dozens of Filipino environmentalists have held a rally near the US Embassy in Manila. They protested against the recent grounding of a US Navy Minesweeper in a world heritage site: the Tubbataha Reef National Park.

Protesters called for the government to junk an agreement between US and Philippine troops to hold joint exercises. The Philippines said Monday it would file damage claims against the US for the damage its vessel has caused. Philippine President Benigno Aquino has given instructions not to allow the US navy to salvage its grounded ship without Philippine involvement, in order to minimize damage to coral reefs.

The USS Guardian struck a coral reef in the early hours of last Thursday. No oil spill has yet been detected. US Navy ships have recently increased visits to Philippine ports, as a result of a redeployment of US forces in the Asia-Pacific region.

What a waste of time and money!

Philippines named 'most romantic destination' by Chinese

PHILIPPINES - It's more romantic in the Philippines. Just ask China.

Despite the still unresolved dispute over territories in the West Philippine Sea, China seems to be getting chummy with the Philippines on the tourism front.

Romance is in the air.

The Philippines was named the Most Romantic Destination in a consumer poll of Shanghai Morning Post, a daily circulated in one of China's most densely populated cities, the Department of Foreign Affairs (DFA) said yesterday.

Philippines named 'most romantic destination' by Chinese

Well its more ROMANTIC in the PHILIPPINES to date CHINA in UN.

What exactly is the UN going to do to China?

That should be interesting.

I hope the Chinese have the balls to face the complaint head on and not resort to their trademark strategy of blackmail and intimidation. China has a big land but small mind.

 

[Viet]

China repeately annouces that it "has indisputable sovereignty" over the South China Sea islands and adjacent waters, and urges the disputes should be settled by parties concerned through negotiations.

But how can we negotiate if China insists its claim is indisputable? Besides, China´s actions on the ground speak clearly what it has in mind.

What exactly is the UN going to do to China?

The conflict is internationalized, things will be more interesting. Who knows at the end of the day, the UN would impose a trade embargo on China.

 

[djsjs]

China repeately annouces that it "has indisputable sovereignty" over the South China Sea islands and adjacent waters, and urges the disputes should be settled by parties concerned through negotiations.

But how can we negotiate if China insists its claim is indisputable? Besides, China´s actions on the ground speak clearly what it has in mind.

reject to talk ,so what would you want ?call some accomplices for help as what a rogue always do?

 

[hurt]

The conflict is internationalized, things will be more interesting. Who knows at the end of the day, the UN would impose a trade embargo on China.

This is so funny,UN would impose a trade embargo on a wielding permanent member.

UN do nothing　ｉｎ　vietnam war，Ｉｔ　should be same in South China Sea.

 

[Viet]

reject to talk ,so what would you want ?call some accomplices for help as what a rogue always do?

As for Vietnam, we continue negotiating with China despite of numerous provocations: cut of our vessel cable, new passport visa with nine dash line, live fire drill military exercise, selling of drilling rights in our EEZ to name a few.

Check again of the definition of a rogue state!

As for Phlippines, it has the right to put the dispute on the international court. China has no say.