The Philippines wins tribunal case against China

Discussion in 'East Asia & The Pacific' started by Cossack25A1, Jul 12, 2016.

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  1. Cossack25A1

    Cossack25A1 1st Lieutenant

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    Philippines wins arbitration case vs. China over South China Sea
    By: Matikas Santos,
    July 12th, 2016 05:05 PM


    It has finally been decided that the West Philippines Sea (South China Sea) rightfully belongs to the Philippines and not to China, according to the decision of the United Nations (UN) Arbitral Tribunal.

    The Tribunal issued its Award Tuesday, July 12, 2016 after several months of hearings and submission of documents. China was absent throughout the proceedings, refusing to recognize the case.


    “The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line.’” the statement said.

    The Tribunal also said that China has violated Philippine sovereign rights.

    “Having found that certain areas are within the exclusive economic zone of the Philippines, the Tribunal found that China had violated the Philippines’ sovereign rights in its exclusive economic zone by (a) interfering with Philippine fishing and petroleum exploration, (b) constructing artificial islands and (c) failing to prevent Chinese fishermen from fishing in the zone,” the tribunal statement said.

    “The Tribunal further held that Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels,” it said.

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    Read more: http://globalnation.inquirer.net/14...-arbitral-tribunal-unclos-itlos#ixzz4EBXTfUGG
     
    Last edited: Jul 12, 2016
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  2. Vergennes

    Vergennes Captain Staff Member Ret. Military International Mod

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    Great step my friend.

    So,who 'supported' China's position ?


    -Afghanistan
    -Gambia
    -Kenya
    -Lesotho
    -Niger
    -Sudan
    -Togo
    -Vanuatu.

    Four countries have publicly denied China's claim of support ;

    -Poland
    -Cambodia
    -Fiji
    -Slovenia
     
  3. Vergennes

    Vergennes Captain Staff Member Ret. Military International Mod

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  4. Cossack25A1

    Cossack25A1 1st Lieutenant

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    I doubt that Cambodia denies it as they are staunch supporter of China in ASEAN.
     
  5. Cossack25A1

    Cossack25A1 1st Lieutenant

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    KEY FINDINGS ON SOUTH CHINA SEA | Highlights of the UN tribunal ruling
    By: Agence France-Presse
    July 12, 2016 6:36 PM


    THE HAGUE, Netherlands - A United Nations-backed tribunal on Tuesday issued a damning ruling against China on its long-running dispute with the Philippines in the South China Sea.

    Here are some of the key findings in the lengthy document.

    1. China's 'nine-dash-line' is invalid

    The five member panel found that Chinese fishermen, amongst others, had historically made use of the islands in the South China Sea but "there was no evidence that China had historically exercised exclusive control over the waters or their resources.

    "The Tribunal concluded that there was no legal basis for China to claim historic rights to resources within the sea areas falling within the 'nine-dash-line'".

    2. Reclaimed islands have no exclusive economic zone

    The artificial islands that China has been furiously building over recent years are not capable of sustaining a population and therefore under international treaties do not have the 200 nautical mile "exclusive economic zone" (EEZ) enjoyed by inhabited land.

    "The Tribunal noted that the current presence of official personnel on many of the features is dependent on outside support and not reflective of the capacity of the features... (and) ....that none of the Spratly Islands is capable of generating extended maritime zones.

    "The Tribunal found that it could -- without delimiting a boundary -- declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China."

    3. China has behaved unlawfully

    Because areas at issue are within the Philippines EEZ, Chinese construction of artificial islands and its interference with Philippine fishing and mineral activities is illegal.

    "China had violated the Philippines' sovereign rights in its exclusive economic zone. The Tribunal further held that Chinese law-enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels."

    4. Beijing has damaged the environment

    China's large-scale land reclamation has "caused severe harm to the coral reef environment and violated its obligation to preserve and protect fragile ecosystems".

    China was also remiss in failing to put a stop to the harmful "harvesting of endangered sea turtles, coral and giant clams on a substantial scale" by its fishermen.

    5. Island building should have stopped during the dispute process

    The panel said it had no jurisdiction over the military standoff at Second Thomas Shoal, where Chinese and Philippine military and law enforcement vessels are locked in confrontation.

    However, "China's recent large-scale reclamation and construction of artificial islands was incompatible with the obligations on a state during dispute resolution proceedings, insofar as China has... destroyed evidence of the natural condition of features of the South China Sea that formed part of the Parties' dispute."

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    More -> http://interaksyon.com/article/1302...ina-sea--highlights-of-the-un-tribunal-ruling
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    Reaction on the Chinese side:

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    Law-abusing tribunal issues ill-founded award on South China Sea arbitration

    Source:Xinhua
    Published: 2016-7-12 16:59:36


    The tribunal handling the South China Sea arbitration case unilaterally initiated by the former Philippine government issued its final award on Tuesday, amid a global chorus that as the panel has no jurisdiction, its decision is naturally null and void.

    A source with the Philippine Foreign Ministry told Xinhua that the ministry has received the award.

    China need not care about the arbitration ruling, which is not legally valid as arbitration requires all parties to agree to refer the case to arbitration and adhere to the decision. Since China, a party to the dispute, refused to refer the case to arbitration, the entire arbitration is invalid and ridiculous. The ruling is essentially a joke, Zhao Yongsheng, a Paris-based economist and vice-president of the China-France Association of Lawyers and Economists told the Global Times.

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    More: http://www.globaltimes.cn/content/993789.shtml
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    The South China Sea Arbitration: Illegal, Illegitimate and Invalid
    Updated: 2016-07-12 16:42

    By Yang Yanyi(chinadaily.com.cn)


    If I have to choose three words to reflect my views of the award of arbitration over the South China Sea disputes unilaterally filed by the Philippines against China, it would be illegal, illegitimate and invalid. And China's position is firm and clear: non-acceptance.

    Not surprisingly, some in the West have again pointed their fingers at China and accused China of "thumbing nose at international rules".

    I cannot but dismiss these allegations and vilifications as groundless and unjustified. It is the Philippines and some other forces that are acting against international law. China is not.

    1. Although the Philippines has struggled to appear that it is only requesting the Arbitral Tribunal to decide on the legal status of some features in the South China Sea, it failed to cover up the essence of it is about territorial sovereignty and maritime delimitation. Nor can it hide its obvious purpose of denying China's sovereignty over Nansha Islands and emboldening its illegal occupation from China.

    It is common knowledge that territorial issues are subject to general international law, rather than the United Nations Convention on the Law of the Sea (the UNCLOS/the Convention), and that disputes concerning maritime delimitation are excluded by China in its 2006 declaration on optional exceptions on Article 298 of UNCLOS.

    Mr. Chris Whomersley, former Deputy Legal Adviser of the UK's Foreign and Commonwealth Office, made a good point when he said there was "no precedent for an international tribunal deciding upon the status of a maritime feature when the sovereignty… is disputed". Simply put, the Philippines' initiation of the arbitration is in total disregard of international law and the spirit of UNCLOS, and undermines the authority and sanctity of the Convention.

    2. Settlement of territorial sovereignty dispute through bilateral negotiations is an established international practice and in full compliance with the principles and spirit of the UN Charter.

    If memory serves me correctly, China and the Philippines were the first countries in the region that agreed to resolve the relevant disputes through negotiations.

    In June 1986, during his meeting with Jose P. Laurel, Vice-President and Minister of Foreign Affairs of the Philippines, Mr. Deng Xiaoping put forward the principle of shelving disputes and seeking joint development. This was well received by the Philippine side. China and the Philippines later entered into a number of agreements announcing the option of bilateral negotiations to resolve the relevant disputes.

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    More -> http://usa.chinadaily.com.cn/world/2016-07/12/content_26060847.htm
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  6. Freyja

    Freyja 2nd Lieutenant

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    That's it? Afghanistan which doesn't have a coast. Sudan which is embroiled in a civil war, and who China has helped a lot. Vanuatu which is a naval powerhouse with one of the world's most powerful fleets. Togo too, obviously. Lesotho, another nation without access to the sea... not a lot to be proud of China.

    If those are the nations supporting you, you've already lost. That's not good company.

    Who was part of the tribunal that supported the Philippines? What nations were parties to this tribunal?
     
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  7. Vergennes

    Vergennes Captain Staff Member Ret. Military International Mod

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    According to China,60 countries were supporting their position..... @Cossack25A1

    http://globalnation.inquirer.net/140627/think-tank-scores-it-40-8-in-ph-favor

    I couldn't find the entire list,but countries supporting the Philippines included ;

    -The United States of America
    -The United Kingdom
    -France
    -Japan
     
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  8. F-22

    F-22 2nd Lieutenant

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    China is slipping closer to international pariah status. China's neighbors will arm themselves to the teeth and continue welcoming enhanced US operations across the region. For a country that wants to expel the US from the region and dominate Asia, they are doing a sorry job of it.
     
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  9. Eagle

    Eagle 2nd Lieutenant

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    What is the goal of the CCP here? My guess is creating a siege mentality to consolidate power within the country.
     
  10. Cossack25A1

    Cossack25A1 1st Lieutenant

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    After South China Sea Ruling, China Censors Online Calls for War
    Beijing has fanned the flames of nationalism. Now it’s struggling to contain it.


    • JULY 12, 2016

    July 12 was a dark day for fervent Chinese nationalists. An international court based in the Hague issued a long-awaited ruling, rejecting many of China’s territorial claims in the hotly contested South China Sea, where China has clashed with the Philippines, Vietnam, and other countries over land features and fishing rights. After the tribunal announced its judgment at 5 pm Beijing time, declaring that China’s historical claims in the region have no legal basis, massive wave of anger erupted across Chinese social media, where grassroots nationalism flourishes. But to the ruling Communist Party, such sentiment is a double-edged sword: official censors moved quickly to curtail online discussion that seemed to overstep the bounds of acceptable nationalist discourse.

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    More -> http://foreignpolicy.com/2016/07/12...censors-online-calls-for-war-unclos-tribunal/
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