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DFA hopes China responds soon on arbitration case before UNCLOS

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Manila, Philippines — The Department of Foreign Affairs (DFA) on Monday said that it hoped that China would make an official response to the arbitration case it filed before a tribunal under the United Nations Convention on the Law of the Sea (UNCLOS), maintaining that the case would move forward should China refuse to do so.

‘‘We are hoping that by the deadline, they would be able to officially notify us and reply to our notification that we have submitted to them earlier,’’ Raul Hernandez, Assistant Secretary and DFA spokesperson, told reporters in a press briefing.

Invoking the Unclos, the Philippines haled China to the UN arbitral tribunal in hopes of compelling Beijing to respect Manila’s exclusive economic zone (EEZ) and continental shelf encompassing territories in the West Philippine Sea (South China Sea).

In its notification and statement of claim filed before the United Nations (UN) last month, the Philippines asked the UN to compel China to respect Manila’s exclusive economic zone (EEZ) and continental shelf encompassing territories in the West Philippine Sea (South China Sea), saying recent Chinese actions constituted an excessive exercise of sovereignty over disputed territories.

China, however, had yet to issue a formal reply but maintained that it has indisputable sovereignty over the area and that talks should only be on a bilateral basis with the countries directly involved.

Asked whether the case would move forward should China refuse to reply, Hernandez said “It will move forward…. then we will have to ask the President of ITLOS to form the arbitral panel.” The Philippines had earlier announced that it had appointed Judge Rudiger Wolfrum as a member of the arbitral panel.

Foreign Affairs Assistant Secretary for Ocean Concerns Gilberto Asuque had eariler said that under the rules of the UNCLOS, the Philippines and China would each appoint a member to the tribunal, and the other three members would be appointed based on an agreement by the two parties.

Asuque, in an earlier press briefing, noted that under the rules, parties to the case have a total of 60 days for the formation of the arbitration panel.

“The other party to the dispute shall within 30 days of receipt of the notification referred to in Article 1 appoint one member to the panel. The other three members shall be appointed by an agreement between the parties,” Asuque said as he read the rules before the media.

“If within 60 days of receipt of notification the parties are unable to reach an agreement to the appointment of one or more members of the tribunal to be appointed by the agreement…then you have to go now to the President of the International Tribunal on the Law of the Sea,” Asuque said.

Japanese patrol boats

Asked about reports on Japan’s plans to donate patrol boats to the Philippines, Hernandez said that what he knew was that the country had officially submitted a request for 10 patrol boats from the Japanese government.

‘‘Hopefully, we will be able to have their answer as soon as possible,’’ adding that the request was made to ‘‘upgrade the equipment of our Philippine Coast Guard for it to be able to do its mandate to monitor our seas and to make sure that there will be no intrusions in our maritime zones.’’

Agence France Presse, in a report quoting the Nikkei business daily, had said that Japan plans to donate patrol boats costing $11 million each to the Philippines, adding that it plans to finance the deal in its fiscal 2013 budget.
Both countries are locked in separate territorial disputes with China.

Japan’s dispute is over a group of uninhabited islands in the East China Sea known as the Senkakus in Japan and the Diaoyus in China.

The Philippines is one of several Southeast Asian countries, including Vietnam, that are rowing with China over claims to parts of the South China Sea.

The long-running row over the islands intensified in September when Tokyo nationalized part of the chain, triggering fury in Beijing and huge anti-Japan demonstrations across China.

In the most serious high-seas incident yet, Japan last week said that a Chinese frigate locked its weapon-targeting radar on a Japanese navy vessel on January 30. China has angrily denied the charge. With reports from Agence France Presse


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  • Timothy Te-Co

    China clearly smells and knows that they’ll lose their position should they participate in the arbitration. Philippines is now growing on the economy side even the economists of Hong Kong and other Asian neighbors acknowledges this so China would want to create some sort of destabilization in the region to impede the growth of the Philippines.  Don’t let the pro-chinese comments here get into your heads…just by reading their comments na bobobo na ako…. 

    • DurangoJoe

       China killed all their intellectuals during the Cultural Revolution and so they end up with people like PurpleDaisy13(math professor), Topolcats(spelling-bee winner), Dakuutotin( the barangay captain), Mountainecho( the professor), Iris, Lilac, Ironwoman all rolled into one person, Matt Lee, and AndrewPC, Wen Jiabao, Hu Jinato and now Xi Jinping.

      • http://twitter.com/claire_0000 claire

         but what happens to 50 cent party, they are all intellectuals, aren’t they ?

      • DurangoJoe

         Just look at how illiterate PurpleDaisy13 calculated the China contribution to the UN and the Philippines contribution. In his example if China contributed $4 million and Philippines contributed $2 million then China contributed 2x more which is 200%. That is wrong, that is only 50% more. The rest of his calculations went to the moon went around Scarborough shoal then looped around the Spratley islands and ended up with a figure like 3750% more. Wow!!! This guy is a mathematical genius, NOT.

      • http://twitter.com/claire_0000 claire

        PH is the funniest place.

         2x is 200%: 200%=200×1/100=2;
        5%=5×1/100=0.05;
        10%=10×1/100=0.1;
        100%=100×1/100=1;

        that is why I said I am 100% unsatisfied with your posting, meaning 1xunsatisfied, not reduced unsatisfied, fully unsatisfied.

        That was my old lecture to grade one 100 hundred years ago.

      • hagakhak

        claire you are truly misguided and disillussioned!!! your head is terribly empty.

    • PurpleDaisy13

      re: “China clearly smells and knows that they’ll lose their position should they participate in the arbitration.”

      Your Philippines always smells when I walk your streets that smell like
      gagging fumes of sewage…especially in your public restroom facilities
      that never have toilet paper…”grabeh….ang baho”  Smells like a thick
      handful of “t ae” clogging the drain pipes.

      China understands UNCLOS, you don’t.  That’s why China is likely to file a case against your Philippines through the International Court of Justice (ICJ), not
      through ITLOS which is not a forum that handles island disputes Timothy
      Te-Co.

      And when you are summoned to appear at ICJ with China,
      expect the Courts to rule in favor of China under the basis of
      effectivités.  The authority of which China has
      demonstrated effective occupation and jurisdiction over Huangyan Island
      (aka Scarborough Shoal) today and since last year.

      re: “just by reading their comments na bobobo na ako”

      “huwag ka na lumaban para di ka maging bobo” Timothy Te-Co.  Fighting with
      China over an Island which is not recognized by the United Nations or
      the World International Community as a sovereignty of the Philippines is
      a losing endeavor.


      * China currently has the upper-hand of occupation and control over Scarborough Shoal; Philippines doesn’t. 

      * China holds a permanent seat in the UN Security Council; Philippines doesn’t.

      * China contributes over $75,000,000 million dollars to the UN that
      represents financial clout; Philippines just contributes a tiny $2
      million deposit.

      * China’s larger contribution to UN Courts has a stronger influence over judgements through ITLOS and International Courts of Justice (ICJ); Philippines doesn’t.

      * China is the 2nd largest economy in the World with a GDP of 7,300,000,000,000 (TRILLION) dollars which garners worldwide influence; Philippine’s economy lags
      very far behind at only a GDP of 224 billion.

      • DurangoJoe

         ”China’s larger contribution to the UN has stronger influence over judgements through ITLOS and International Courts” So you think money will influence the outcome of the courts? You are very mistaken. Corruption is not going to work in international law. In China, yes but not in international courts.

        “China holds a permanent seat in the UN security council.” You forgot to mention
        with veto power. But if a country is a party to a dispute, then that country in this case China will refrain from voting. Say goodbye to China’s veto power. So China cannot use its veto power against the Philippines. The bad omen for China is already in the horizon and i don’t see how it will win the her case at ICJ.

      • StrategicSafe

        Chapter XIV of the United Nations Charter authorizes the UN Security Council to enforce World Court rulings. However, such enforcement is subject to the veto power of the five permanent members of the Council which United States used in the Nicaragua case. So China still can use her veto power to block UN actions against her.

      • DurangoJoe

         In the U.S. versus Nicaragua case, the International court of Justice ruled in favor of Nicaragua because United State used force against another state. Even if the United States used its veto power to overrule the decision of the world court, the General Assembly of the United nations passed a resolution for the “full and immediate compliance” with court’s decision. Only one country, Israel sided with the United States against 94 countries.
        United State had to comply. This should be a good example of why China is on the brink of disaster in her case against the Philippines in the West Philippine Sea because China is using force, intimidation and threat to establish effective control of those disputed territories. Unlawful use of force is not tolerated in international law and China love using it.

      • PurpleDaisy13

        re: “So you think money will influence the outcome of the courts? You are
        very mistaken. Corruption is not going to work in international law.”

        DurangoJoe, corruption is EVERYWHERE.

        If your own Supreme Court Chief Justice Judge Renato Corona could get away with corruption for so many years….Judges in International Courts are no exception DurangoJoe.

        It all depends on the circumstances, how successful and clean an ICJ Judge can get away with it, and how much they are being bargained for…or even threatened with DurangoJoe.

        An ICJ Judge is just another normal human being like any of us with a family and a job they depend on.

        Thus, China’s wealth and power gives them a lot of leverage against a poor all-talk Philippines DurangoJoe.

      • hagakhak

        purple daisy i’m convinced that you really have no match to mr durango joe. you keep on mentioning longitudes and latitudes and all the money figures regarding what your commi nation have. you really keep on lying  just to keep your comrades stay alive. you losers!!! hanggang ngayon utak-tungaw ka pa rin!!!

      • http://twitter.com/claire_0000 claire

         mr durango joe ?

         miss durangojoe, always miss target.

      • hagakhak

        com’on claire let your falsehood spread lies to all readers. just invite purpledaisy and dakoakongutin plus tupolcats and ironwoman to do the same.

      • PurpleDaisy13

        re: “i’m convinced that you really have no match to mr durango joe”

        hagakhak, before you can convince yourself…try educating yourself with proper English Grammar.

        How could anyone take you seriously, if you can’t even get English Grammar correct hagakhak?

        It is supposed to be “you really ARE no match FOR mr durango joe” NOT “you really have no match to mr durango joe”

        “ako ngayon ang hagakhak sa kapalpakan mo” hagakhak

        hahahahaahahHAHAHAHAHAHAHAHHHAHAHHAHAHAHAHA

    • http://profile.yahoo.com/K63PQGGWTWPALHJE7FMKKPAOCE Public

      Let’s just admit that @PurpleDaisy13:disqus is cleverly enough to defend China by posting comments here.

      But know this to all who love the Philippines.

      PurpleDaisy13, has no jurisdiction to decide over this matter.

      Leave her, and just enjoy your reading.

      • PurpleDaisy13

        @yahoo-NYKIOQEDTUD4FPPPVHP6XMFNEA:disqus

        re: ‘is cleverly enough to defend China by posting comments here.”

        Public, before you make a public statement, please correct your poor English grammar…I’m going to have to report you to Raul now.

        It is supposed to be “is clever enough to defend China.” NOT “is cleverly enough to defend China.”

        re: “has no jurisdiction to decide over this matter.”

        Wrong.

        I have jurisdiction to decide how I view this matter any time I please Public.  In fact, everyone here has every right and jurisdiction to decide how they view this matter any time they please Public.

      • http://profile.yahoo.com/K63PQGGWTWPALHJE7FMKKPAOCE Public

        Yes… You have no jurisdiction to decide the result over the West Philippine Issue.
        Only up to barking.

      • PurpleDaisy13

        re: “Yes… You have no jurisdiction to decide the result over the West Philippine Issue.”

        You still don’t get it Public.  You’re not very good in choosing the correct English words for what you are trying to convey…hahahahahahHAHAHAHHAHA.

        Because we ALL STILL have jurisdiction to decide on the result over the Scarborough Shoal conflict.

        Maybe if you choose the right English word, you’ll get it right someday…hahhahahahhahaHHAHAHAHAHA

        Meanwhile, “palpak ka parin” Public.

      • http://profile.yahoo.com/K63PQGGWTWPALHJE7FMKKPAOCE Public

        Yes…

        It’s not in your hand to decide who should own or exercise jurisdiction over Scarborough Shoal or Spartly islands. 

        You’re just good in arguing pinoy and making correction on english grammar to boost your claim and deteriorating moral.

        good luck then.

      • PurpleDaisy13

      • PurpleDaisy13

         @yahoo-K63PQGGWTWPALHJE7FMKKPAOCE:disqus

        re: “It’s not in your hand to decide who should own or exercise jurisdiction over Scarborough Shoal or Spartly islands.”

        HahhahahahhAHHAHAHAHHAA

        Public, your understanding of English is horrible.

        Of course it is also in our hands to decide who should own or exercise jurisdiction over Scarborough Shoal or the Spratly Islands.

        I’ll give you an example…

        “I, PurpleDaisy13, have decided that China should own or exercise jurisdiction over Scarborough Shoal or the Spratly Islands”

        What I have just done it took into my hands a decision that reflects my views.  Thus, I’ve just demonstrated that it was in my hands to make such decision.

        I’m sorry Public, but you just don’t know how to accurately express yourself in English.

        Someday you’ll learn…but for now..”palpak ka uli” Public.

        hahahahahaHHAHAHAHAHAHA

      • http://profile.yahoo.com/K63PQGGWTWPALHJE7FMKKPAOCE Public

        “Report to Raul”?… go ahead. “talk to my hand”

  • http://twitter.com/claire_0000 claire

    DFA fails in looking things in positive way:

    1. use mutual defence treaty as a war tool, instead of peace tool;
    2. use UN arbitration as compulsive tool, instead of negotiation tool;
    3. use alliance as containment tool, instead of co-operation tool;
    4. use ASEAN as bullying tool, instead of conciliation tool;
    5. use nationalism as aggression tool, instead of friendship tool.

    • hagakhak

      you are wrong claire/ purple daisy pala!! your small brain is so tricky, treacherous and non-sense!! true pinoys will never ever believe such a liar like you!

    • PurpleDaisy13

      claire, those are absolutely encouraging ways to seek peace between Philippines and China which is also the purpose of the United Nations. 

      Unfortunately, hagakhak and the rest of the 50-Peso Party members are clearly not interested in peace with China anymore.  No matter how sincere you are.

    • Timothy Te-Co

      1. use mutual defence treaty as a war tool, instead of peace tool; – War tool?!!!! Duhhh!!!
      2. use UN arbitration as compulsive tool, instead of negotiation tool; – compulsive tool?!!! Duhhh again!!!!
      3. use alliance as containment tool, instead of co-operation tool; – Containment tool???!!!!  WTF!!!
      4. use ASEAN as bullying tool, instead of conciliation tool;  ASEAN as bullying tool???!!! FUTUNGUNU…if communicating with ASEAN is bullying for you then how do you define what China is doing right now in the West Philippine Sea? That’s bullying!!! Punyeta.
      5. use nationalism as aggression tool, instead of friendship tool. – Nationalism as aggression tool???!!!  How can that be done?  You’ll see our aggression as a nationalist when war erupts between China and my country…I’ll ram my  fist into your throat so you can feel what aggression means…

  • MostHatedRace

    China will never go the legal way. It will do things on its way

  • Jan

    i praise u, u r so genius! tnx. let der b peace.



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