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South China Sea Forum

ASEAN isnt united in the first place, economic interests trumps all. Xi jinping at the recent baoao forums told the world that china will be putting a 10 trillion usd pie for people to compete for within the next few years, 400million Chinese will travel abroad and 500 billion worth of Chinese investments. It was a stern message to all the countries around china, warm relations with china will ensure you get a slice but atagonise china at your own expense.
 
Int’l arbitration panel ready to hear PH case against China
By Tarra Quismundo
Philippine Daily Inquirer

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Judge Shunji Yanai, president of the International Tribunal for the Law of the Sea, has appointed the last three members of the panel of five international arbitrators that would hear the Philippines’ case against China’s claims in the West Philippine Sea, the Department of Foreign Affairs

MANILA, Philippines—The panel of five international arbitrators that would hear the Philippines’ case against China’s claims in the West Philippine Sea (South China Sea) has been completed, the Department of Foreign Affairs (DFA) said

DFA spokesman Raul Hernandez said that Judge Shunji Yanai, president of the International Tribunal for the Law of the Sea (Itlos), had appointed the last three members of the panel.

“That means the case is moving and, as expected, we are hoping that this case that we filed in the tribunal will proceed as soon as possible,” said Hernandez in a press briefing.

In a letter dated April 24, Yanai informed Solicitor General Francis Jardeleza, head of the Philippine legal team pursuing the case, that the panel had been completed.

The newly appointed arbitrators are Judge Chris Pinto (Sri Lanka), who will serve as panel president, and Itlos judges Jean-Pierre Cot (France) and Alfred Soons (The Netherlands).

In March, Yanai appointed Polish Itlos Judge Stanislaw Pawlak to join his fellow Judge Rudiger Wolfrum (Germany) in the panel. The Philippines nominated Wolfrum to the panel upon filing its case on Jan. 22.

The Philippines filed the case against China in an ad hoc arbitral panel in hopes of halting its incursions into established Philippine maritime borders in the West Philippine Sea. The move also sought to invalidate China’s nine-dash line claim in the waters, which the Philippines asserts encroaches on its exclusive economic zone.

China has rejected the proceedings, citing “indisputable sovereignty” over the potentially resource-rich territories. The process will, however, continue even without the participation of China, as stipulated in the United Nations Convention on the Law of the Sea (Unclos).

The Itlos president took on the task of completing the panel upon China’s refusal to take part in the proceedings. Parties involved are supposed to nominate their panel members.

“The five-member arbitral tribunal will organize itself and establish its own rules. They will establish whether they have jurisdiction to hear the case,” said Hernandez.

“We are very confident that this will be taken up by the tribunal and that the tribunal will award us as far as our maritime entitlements in the West Philippine Sea is concerned and declare that China’s nine-dash line claim has no validity as far as international law and Unclos is concerned,” he said.





Vietnam Protests Against China Tourism Activities in Paracels
April 30, 2013

By Nguyen Pham Muoi

HANOI--Vietnam has voiced objections against China for carrying out a number of tourist activities in Hoang Sa archipelago, also known as the Paracels, including opening a Xinhua bookstore on Phu Lam Island and preparing for a fishing contest in the area, a Vietnamese Ministry of Foreign Affairs spokesman said Tuesday.

Asserting Vietnam's indisputable rights over the Hoang Sa archipelago, spokesman Luong Thanh Nghi said the moves by China have "seriously violated the sovereignty of Vietnam, acting against the basic principles guiding the settlement of sea-related issues between Vietnam and China as well as against the Declaration on the Conduct of Parties in the South China Sea between the ASEAN and China, raising tensions and complicating the situation in the East Sea."

Vietnam made the statement in response to a Xinhua report on Sunday about the first group of about 200 Chinese tourists to the archipelago. The activity is part of China's plan to develop tourism in islands in the Paracels. Xinhua said that China will organize more tours depending on the outcome of the first trip.

As Hanoi requested China stop the alleged sovereignty violations, Danang city also protested the Chinese moves. The Paracel archipelago, which is about 170 miles offshore from the central city of Danang, is under the municipal administration.

"Bringing Chinese tourists to the Hoang Sa violates the sovereignty of Vietnam, causing discontent for the authority and people of Danang. We strongly object those violations and request China to promptly put an end to organizing tours and other activities in Hoang Sa," said Danang Mayor Van Huu Chien.

Vietnam Protests Against China Tourism Activities in Paracels - WSJ.com
 
Sino sea tour: Palace clueless on the issue
By Joyce Pangco Panares | Posted on Apr. 30, 2013

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A Malacañang official said Monday the government will “burn the bridge when we get there” when asked on the possibility that the Chinese may send tourist ships to the areas within the country’s 200-nautical-mile zone in the highly-disputed South China Sea (West Philippine Sea).

“As long as they don’t enter our sovereign [waters],” presidential spokesman Edwin Lacierda said.

“Let’s burn the bridge when we get there. They are not there (Philippine territory) yet.”

The Palace’s reaction came amid reports that Beijing had sent tourist ships to Paracel Islands, one of three major islands in the South China Sea which is also being contested by Vietnam.

Vietnam and China have a longstanding territorial row over the Paracels.

Last month, Hanoi accused a Chinese vessel of firing at one of its fishing boats which had sailed in disputed waters in the area.

The report on the Chinese tour said that some 100 passengers paid at least 7,000 yuan or $1,135 for each ticket for the four-day voyage.

“China’s Xisha tourism has nothing to do with its neighboring countries,” Ju Hailong, a research fellow at the Institute of Southeast Asian Studies at Jinan University, told reporters.

“Those who want to manipulate China’s moves to make trouble are not admirers of international law and regional security,” he added.

Earlier, Foreign Affairs Secretary Albert del Rosario admitted that China was trying to establish a “de facto occupation” in the Bajo de Masinloc or Scarborough Shoal.

At present, there are three Chinese boats in the shoal – two maritime surveillance ships and one Fisheries Law Enforcement Command vessel.

There have also been reports of Filipino fishermen complaining that they have been barred by the Chinese boats from plying the disputed waters.

Del Rosario admitted that a military response was not an option at this point as the country’s legal experts have advised the government to focus on its arbitration case filed before the United Nations International Tribunal on the Law of the Seas.

The Hamburg-based ITLOS has already completed the five-man arbitration panel, and will decide by July if it has jurisdiction over the case lodged by Manila questioning Beijing’s nine-dash line policy claiming the entire West Philippine Sea.

Del Rosario said the Association of Southeast Asian Nations is hopeful that China would be cooperative in drafting of a binding Code of Conduct that will govern maritime disputes in the area.

Meanwhile, administration candidates reiterated their call for the Chinese government to respect international laws of the sea in dealing with the territorial disputes, stressing that a peaceful solution to the crisis should prevail as a top priority of all nation-claimants.

Presidential cousin Bam Aquino, Aurora Rep. Juan Edgardo Angara, re-electionist Sen. Francis Escudero and Grace Poe, of the Liberal Party-led Team PNoy said the Chinese government should stop bullying the country with its continued invasion of islands in the resource-rich sea that are being contested by countries which have their own separate territorial claims.

They also backed the government’s position seeking a UN ruling on dispute.

“We support President Benigno Aquino III’s position to take up the issue of territorial disputes with China to the United Nations. We reiterate that this matter should be resolved by using all available diplomatic channels, and with only the best interests of the Filipino people in mind,” Aquino said.

Angara said China should join all claimants in pursuing all diplomatic means to end the disputes and consider a possible joint exploration of the islands believed to be rich in resources, especially oil reserves.

“We appeal to Chinese government to pursue all diplomatic ways in finding solution to the territorial disputes and cooperate to the possibility that all claimants may opt to enter into a joint exploration for the benefit of everybody,” Angara said.

Escudero said the Aquino government did the right thing in bringing the matter before the United Nations.

“The fact that China is complaining is best proof that what PNoy did is in the best interest of the country, not of China,” Escudero said, after China accused the country of trying to legalize its occupation of islands in the West Philippine Sea by going to UN.

Poe agreed with Escudero, as she said that China should not refuse to settle the disputes before the UN body as a responsible nation adhering to peaceful and joint exploration of the West Philippine Sea for the benefits of all nation-claimants.

“I support the position of our government to bring the issue of the West Philippine Sea to the United Nations. I believe that both the Philippines and China are responsible members of the community of nations, and the United Nations is a venue where disagreements can be settled in a peaceful and civilized manner,” Poe said.

“We are all counting on China to do its utmost in working with us. China should be concerned of its reputation as a nation that abides by the rule of law and should manifest a sense of being a responsible member of the community of nations,” he said. With Maricel V. Cruz

Sino sea tour: Palace clueless on the issue - Manila Standard Today




ASEAN, Chinese FMs to meet over S China Sea disputes
2013-04-29
JAKARTA - Secretary-General of Association of South East Asian Nations (ASEAN) Le Luong Minh said on Monday that foreign ministers of ASEAN member countries will have a meeting with their Chinese counterpart in Beijing to further discuss peaceful settlement on territorial disputes in the South China Sea.

"The meeting between ASEAN foreign affairs ministers and Chinese foreign affairs minister has been scheduled in August or September this year in Beijing," Minh told Xinhua on the sidelines of a media briefing on the results of the recent high-profile ASEAN Summit held in Bandar Seri Begawan, Brunei.

He said that during the summit, all ASEAN members agreed to assign their foreign ministries to continue to work actively with China on the way forward for early conclusion of a Code of Conduct in the South China Sea (COC) on the basis of consensus.

In his briefing, Minh said that ASEAN leaders reaffirmed the importance of peace, stability and maritime security in the region. They also underscored the importance of the Declaration on the Conduct of Parties in the South China Sea (DOC), ASEAN's six-point Principles on the South China Sea and the Joint Statement of the 10th anniversary of the DOC.

"In this regard, we reaffirmed the collective commitments under the DOC to ensuring the peaceful resolution of dispute in accordance with universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea without resorting to the threat or use of force, while exercising self-restraint in the conduct of activities," Minh said in the briefing.

He added that ASEAN is looking forward to continued engagement with China in implementing the DOC in a full and effective manner, including through mutually agreed joint cooperative activities and projects.

ASEAN, Chinese FMs to meet over S China Sea disputes |Politics |chinadaily.com.cn
 
Phl Navy chief slams Chinese maneuvers in disputed sea
By Jose Katigbak, STAR Washington Bureau (The Philippine Star)

WASHINGTON – Philippine Navy chief Vice Admiral Jose Luis Alano said Chinese naval maneuvers in the West Philippine Sea (South China Sea) and use of non-military maritime vessels way beyond its coastlines to advance sovereignty claims to most of the sea were both “aggressive and excessive.”

Alano, who was appointed Flag Officer in Command of the Philippine Navy last December, met with Admiral Jonathan Greenert, chief of US Naval Operations, at the Pentagon on Thursday to discuss the security situation in the South China Sea and navy-to-navy issues.

News reports from China said the PLA Navy dispatched a large contingent of ships to circumnavigate the South China Sea last month, a maneuver likened to marking Chinese territory.

Beijing’s claim to the South China Sea is based on its so-called nine-dash map which shows a U-shaped area encompassing most of the sea, including territories claimed by the Philippines, Vietnam, Brunei, Malaysia and Taiwan.

Alano will travel on Friday to North Charleston, South Carolina to inspect the second of two Coast Guard cutters that the Philippines has acquired from the US.

The 378-foot Hamilton-class vessel Dallas, rechristened BRP Ramon Alcaraz, is in the final stages of refurbishing and refitting and will soon join the BRP Gregorio del Pilar, the first US Coast Guard cutter acquired by Manila in 2011 for duty in the West Philippine Sea.

Alcaraz was officially handed over to the Philippines in May 2012 and should have been operating in Philippine waters by now.

But unexpected technical problems and upgrades on the ship have caused some delays and Alano said he expected the Alcaraz to set sail for the Philippines around the third week of June.

He said Alcaraz has been fitted with two new secondary guns – fully automated Mk 38 25mm bushmaster cannons – and a modern radar system. The Gregorio del Pilar will be fitted with similar new cannons.

A complement of 88 Filipino officers and crew under the command of Capt. Ernesto Baldovino have been living aboard the Alcaraz while it has been undergoing repairs to familiarize themselves with all the technical, mechanical and computerized aspects of the ship.

They will be joined by a six-member technical working group including training evaluation experts scheduled to arrive from Manila next month to give the vessel and crew the final go ahead to cross the Pacific to its new home in the Philippines.

In an interview with The STAR on his arrival in Washington on Wednesday, Alano said the prestige of the Philippine Navy was on the rise because of the acquisition of new firepower and the due recognition it was receiving from the government and the public.

Morale was high, more graduates of the Philippine Military Academy were opting for naval careers and the service was attracting more interest from recruits with technical and computer skills, he said.

The Philippines last year expressed an interest in acquiring a third Hamilton class Coast Guard ship but is not now actively pursuing it.

Alano said given the current exigencies to create a credible maritime defense force, interest has shifted to purchasing new vessels and helicopters to extend the range of these vessels.

He said the Philippines was looking at proposals from several countries for two new 2,000-ton frigates with full surface and anti-air and anti-submarine capabilities.

It was also interested in acquiring strategic sealift vessels to give the Navy the capability to transport heavy cargo and large numbers of troops.

The Philippines was also in negotiations for the acquisition of three AW109 lightweight helicopters built by the Anglo-Italian manufacturer AgustaWestland which can be used for medevac (medical evacuation), search-and-rescue and military roles.

“We should receive them by next year,” Alano said.

Additionally, he said the Navy has received six Philippine-made multi-purpose attack craft and more are being programmed for acquisition.

http://www.philstar.com/headlines/2...vy-chief-slams-chinese-maneuvers-disputed-sea
 
I would very likely to tell ur philipino and viet friends.
what the core policy to China by US govrn it to restrain the development of the chinese.Its by no means to them to involve a direct confrontation to China .
Our army is good enough to stop any venture from greedy China, be sure!

ASEAN isnt united in the first place, economic interests trumps all. Xi jinping at the recent baoao forums told the world that china will be putting a 10 trillion usd pie for people to compete for within the next few years, 400million Chinese will travel abroad and 500 billion worth of Chinese investments. It was a stern message to all the countries around china, warm relations with china will ensure you get a slice but atagonise china at your own expense.
according to your logic, all nations around China should give up their territories if they want to benefit trades and investments with China.

What a retard!

I didn't know the summit was last week. Anyway, it shows us that ASEAN is not strong enough, even if we are united. Anyway, it is too late, since China is growing fast, and even united, we might not see a settlement in the dispute.
Maybe you can stop your mouth for a while. That would help all of us.
 
China is the modern evil nation of the world.

LIES, CRUEL, DECEITS, TOXIC, BULLY, HOLLOW THREATS, SUB-STANDARD, FAKE, DEFECTIVE, BACKWARD CIVILIZATION, MELAMINE, FETUS, MERCURY, LEAD, POISONOUS etc.

These are some how to best describe China.
 
China is the modern evil nation of the world.

LIES, CRUEL, DECEITS, TOXIC, BULLY, HOLLOW THREATS, SUB-STANDARD, FAKE, DEFECTIVE, BACKWARD CIVILIZATION, MELAMINE, FETUS, MERCURY, LEAD, POISONOUS etc.

These are some how to best describe China.

Now go look in the mirror and you will find all those words apply to tiny Philippines and Vietnam. Go on kiddo.
 
China is the modern evil nation of the world.

LIES, CRUEL, DECEITS, TOXIC, BULLY, HOLLOW THREATS, SUB-STANDARD, FAKE, DEFECTIVE, BACKWARD CIVILIZATION, MELAMINE, FETUS, MERCURY, LEAD, POISONOUS etc.

These are some how to best describe China.
Is that the homework your grade 3 teacher assigned?
 
A new spy satellite is set to be in space being capable to monitor all activities in the SC Sea.


Wednesday, May 1, 2013
Astrium is set to deliver Vietnam’s first Earth observation satellite

The Vietnamese satellite VNREDSat-1, built by Astrium, is scheduled for launch from Kourou on 03 May. Astrium also built the satellite ground control segment and the image receiving and processing stations in Vietnam.(photos : hanoimoi)

vnredsat-1.jpg

(Photo: VNREDSat-1: Earth observation optical satellite system for Vietnam - Space Programme | Astrium)
 
The judges of the nine-dash lines
By Atty. Harry Roque Jr. | Posted on May. 02, 2013

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The arbitration initiated by the Philippines against China impugning the validity of China’s nine-dash lines appear to be on track. Last week, pursuant to the UN Convention on the Law of the Sea, the Japanese president of the International Tribunal on the Law of the Sea (ITLOS) completed the five-man tribunal that will rule on the Philippines’ arbitral claims. Initially, the Philippines appointed its nominee to the panel, the German Judge at the ITLOS, Professor Rudiger Wolfrum. Later, the ITLOS president appointed a Polish academic to act as China’s arbitrator to the panel, Mr. Stanislaw Pawlak. Last week, the three remaining arbitrators were appointed: Mr. Jean-Pierre Cot of France, Mr. Chris Pinto of Sri Lanka, and Mr. Alfred Soons of the Netherlands.

A jurist once remarked that “the law is what the Judges say it is”. This means that while the Philippines has claimed that China’s nine-dash lines is contrary to the UNCLOS, the five-man tribunal will be the sole judge of whether this is in fact the case. Before they can decide the issue on the merits, they have first to rule whether the Philippines’ submissions are covered by the compulsory and binding dispute procedure under UNCLOS; that is, that it involves issues relating to “application and interpretation” of the Convention; and that the issues are not covered by any of China’s reservations, to wit: disputes involving maritime delimitation; military activities, including military activities by government vessels and aircraft engaged in non-commercial service; and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction.

Since this five-man tribunal will rule on whether China can treat the South China Sea as its lake,a lot hinges on who these appointed arbitrators are. Fortunately, in an effort perhaps to convince China that the Tribunal will arrive at the correct decision, the ITLOS President, despite the pending maritime disputes existing between his own state of Japan and China, appointed perhaps the most qualified arbitrators to rule on the issues of both jurisdiction and the merits.

Here is a short summary of who these arbitrators are:

MR. CHRIS PINTO – Member of the Sri Lanka bar and Barrister at the Inner temple, London. Graduate of University of Sri Lanka (Peradeniya), LL.B; and University of Cambridge: LL.M (International Law). Honorary Ll. D from University of Colombo (Sri Lanka). Former .Legal Officer, International Atomic Energy Agency, Vienna. (1960-1963); Attorney, World Bank, Washington, D.C. (1963-1967) The Legal Adviser, Ministry of Foreign Affairs, Sri Lanka. (1967-1977) Member, Sri Lanka Delegation to the U.N. Conference on the Law of Treaties, Vienna. (1968-1969)Ambassador of Sri Lanka to Germany and Austria. (1977-1982)Member and Chairman, U.N. International Law Commission, Geneva.(1973-1982) ;Member (later Chairman), Sri Lankan Delegation, Third U.N. Conference on the Law of the Sea. (1973-1982) Secretary-General, Iran-United States Claims Tribunal, The Hague. (1982 to present) Secretary-General, Iran-United States Claims Tribunal.

Member (Sri Lanka), Permanent Court of Arbitration, The Hague.Alternate Member (Sri Lanka), International Court of Arbitration of the International Chamber of Commerce, Paris.Sole arbitrator in dispute between Singapore firm and Sri Lanka State Timber Corporation (Permanent Court of Arbitration); President of Five Member Tribunal in marine environmental dispute Between Malaysia and Singapore. (Under Annex VII of the UNCLOS).

Source: Öйú¹ú¼ÊóÒ×ÖÙ²ÃίԱ»á»ªÄÏ·Ö»á

JUDGE JEAN-PIERRE COT – Member of the Tribunal (ITLOS) since 1 October 2002; re-elected as from 1 October 2011; President of the Chamber for Marine Environment Disputes 2008-2011. Licence en droit, Docteur en droit public, Paris Law Faculty (1955–1965); Agrégé des facultés de droit et des sciences économiques (1966). Professor of public and international law and Dean, University of Amiens (1966–1969); Professor of public and international law, University of Paris-I (Panthéon-Sorbonne) (1969–1998); Emeritus Professor, University of Paris-I (1999–present); Associate Research Fellow, Université Libre de Bruxelles (1999–present); Counsel and Advocate in a number of cases before the International Court of Justice: Frontier Dispute (Burkina Faso/Republic of Mali), Territorial Dispute (Libyan Arab Jamahiriya/Chad), Kasikili/Sedudu Islands (Botswana/Namibia), Armed activities on the territory of the Congo (Democratic Republic of the Congo v. Burundi), Land and Maritime Boundary between Cameroon and Nigeria (Cameroon v. Nigeria), Sovereignty over Pulau Litigan and Pulau Sipadan (Indonesia/Malaysia); Member of an arbitral tribunal of the International Chamber of Commerce; Counsel and advocate, arbitral tribunal, France/UNESCO; President of an arbitral tribunal established within the framework of the European Development Fund; Judge ad hoc, International Court of Justice, Maritime Delimitation in the Black Sea (Romania v. Ukraine),Aerial Herbicide Spraying (Ecuador v. Colombia), Territorial and Maritime Dispute (Nicaragua v. Colombia) and Temple of Preah Vihear, Interpretation (Cambodia v. Thailand).

Source: www.itlos.org: Judge Jean-Pierre Cot

MR.ALFRED H.A.SOONS,

Studied law at Utrecht University, The Netherlands, followed by postgraduate studies in international law at the University of Washington (Seattle, USA) and Cambridge University (UK). He obtained a PhD-degree at Utrecht University in 1982. Professor of public international law and director of the Netherlands Institute for the Law of the Sea (NILOS) at Utrecht University in 1987. Acted as counsel and arbitrator he has been involved in international litigation at the International Court of Justice and arbitral tribunals.

The judges of the nine-dash lines - Manila Standard Today
 
Foreign Affairs Secretary Albert del Rosario said core issue in the maritime dispute is Beijing's claim "that they have indisputable ownership of the entire South China Sea."

He said that once the arbitral tribunal organizes itself and establishes its rules, it will need to determine whether it has jurisdiction over the case. "After they do that, then they are ready to judge the merits of the case," he said.

Del Rosario said the Philippines has repeatedly told Beijing that the West Philippine Sea is not the sum total of Philippine relations with China, adding that arbitration is a peaceful and friendly means of settling the dispute.

"I was explaining that for China, it is a chance to clarify their maritime entitlements. For the Philippines, it is a chance to demonstrate what is ours in accordance with international law and to be able to define our fishing rights, our rights to our natural resources and the right to enforce our laws," he said.

"For all of the other nations in this community of nations, it removes the threat of not having freedom of navigation. That's what's good about this arbitartion. Win or lose, we can have that expectation," he added.

 
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A new spy satellite is set to be in space being capable to monitor all activities in the SC Sea.


Wednesday, May 1, 2013
Astrium is set to deliver Vietnam’s first Earth observation satellite

The Vietnamese satellite VNREDSat-1, built by Astrium, is scheduled for launch from Kourou on 03 May. Astrium also built the satellite ground control segment and the image receiving and processing stations in Vietnam.

Such a good news. I have heard this plan a long time ago. :)
 
Its applaud-able that the Philippines chose the continuity of its foreign policy prefers diplomacy to forward military policy. It is to the best interest of affected parties in the South China Sea to maintain the freedom of navigation at the same time respect the territorial waters of affected nations as proscribed by UNCLOS.
 

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