Ngayon dapat ibalik sa pinas ang US military base makaka tulong na sa employment dadami pa FilAm hahahaha buhay na naman ang mga negosyo sa Gapo
Ngayon dapat ibalik sa pinas ang US military base makaka tulong na sa employment dadami pa FilAm hahahaha buhay na naman ang mga negosyo sa Gapo
sa spratly island na lang....gayahin nila ang china sa ginagawang pag develop sa mga islands don.
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sa spratly island na lang....gayahin nila ang china sa ginagawang pag develop sa mga islands don.
the problem with the union is that member countries have no say when it comes to money.
notice also that when the wikileaks leaked documents implicating saudi arabia with 9/11 they suddenly made deals with russia.
heh, all about money
Well, they could have done that last year when Iran agreed on the nuclear deal
but I guess it's just the series of strain in the relationship
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Well, they could have done that last year when Iran agreed on the nuclear deal
but I guess it's just the series of strain in the relationship
Damn, son! Where'd you find this?
US, CHINA expose faultlines, but vow cooperation
WASHINGTON DC, USA – The United States and China vowed to avoid confrontation as they headed Wednesday, June 24, into a final day of key talks, confronting head-on differences on issues such as cyber security and freedom of the seas.
US President Barack Obama was also preparing to meet key members of the Chinese delegation Wednesday ahead of a visit in September by Chinese President Xi Jinping.
US Vice President Joe Biden sharply warned Beijing Tuesday, June 23, that the world's waterways – which carry 80% of the planet's commerce – must remain open.
"Responsible countries adhere to international law and work together to keep international sea lanes open for unimpaired commerce," Biden said pointedly.
The two major trading partners remain at odds over China's claims to much of the South China Sea and Washington has repeatedly urged Beijing to stop building artificial islands and resolve its numerous territorial claims peacefully.
"Nations that discard diplomacy and use coercion and intimidation to settle disputes, or turn a blind eye to aggression of others, only invite instability," Biden warned.
In unusually frank comments, Chinese Vice Premier Wang Yang agreed Beijing and Washington do not agree on everything, admitting "on some issues, perhaps, consensus still eludes us."
But he insisted "neither of us could afford the cost of noncooperation or even all-out confrontation."
"Decision-makers of both countries must always remember that confrontation is a negative sum game in which both sides will pay heavy prices and the world will suffer too," Wang said.
New rules needed
Welcoming the top delegation of some 400 officials also led by China's State Councilor Yang Jiechi for the seventh round of annual talks, Biden insisted Beijing must be at the table to help set up a new "rules-based system" in a rapidly changing world.
"There will be intense competition, we will have intense disagreements. That's the nature of international relations," Biden said.
"There are important issues where we don't see eye-to-eye, but it doesn't mean we should stop working hand-in-hand," he said.
US Secretary of State John Kerry insisted: "No nations agree on every issue. But we do not accept that a narrowing of the differences is beyond our reach."
"Our relationship is dynamic and it has grown and matured steadily in the past decades."
Jiechi vowed China would work with the United States "in a spirit of openness, to properly address the relevant issues."
High on the agenda is cyber hacking, with Treasury Secretary Jacob Lew insisting both nations must "abide by certain standards of behavior within cyberspace."
"We remain deeply concerned about Chinese government-sponsored cyber-enabled theft of confidential business information and proprietary technology from US companies," Lew told the delegations.
"Such activity falls outside of the bounds of acceptable state behavior in cyberspace."
But in a sign of China's discontent, Chinese Finance Minister Lou Jiwei called on the US to boost its domestic savings and investment to strengthen growth, including spending to improve infrastructure.
"The United States should have a proper mechanism to mobilize more savings to direct to investment," he said, pointing out that China's contribution to global growth is 30%, while the US, the largest economy in the world, added only 10%.
Ties have strained over US accusations of cyber espionage and a bilateral cyber working group was suspended by Beijing last year after Washington indicted five Chinese military officers for hacking into US computers.
This week's talks come after revelations of huge breaches of US government computer networks at the Office of Personnel Management – an issue US officials said they would raise directly with their Chinese guests.
Kerry said the two countries, the world's two largest economies but also biggest emitters of greenhouse gases, were working "effectively" to try to reduce emissions ahead of a key UN-led Paris conference on setting new targets in December.
"The idea is that you are creating a critical mass of countries that are setting these targets and everyone feels compelled to join," Kerry said. – Jo Biddle and Paul Handley, AFP / Rappler.com
that's right bro. sila lang yung nag-uusap. yung nine- dash line ng China eh kinuha nila lahat the whole south china sea (not to mention the fact that spratlys is just too far from the mainland china, and, it goes without saying, outside of their exclusive economic zone under UNCLOS which China was a signatory).--
Guys,
Read the in unclos VERY CLOSELY.
Esp. The qualifications made by China
China's reservation under 298, yes, but according Justice Carpio, per PDI June 25 issue, said, "China did not invoke Article 298(b) on disputes involving military activities or law enforcement activities relating to marine scientific surveys or fishing in its position paper."
“Now, China stated its reclamations are for civilian functions. Military facilities will be installed only incidentally with civilian structures. Clearly, China does not want to invoke military activities as a purpose of its reclamation. China reclaims from a submerged area in the high seas. UNCLOS mandates that the high seas are reserved for peaceful purposes–preventing China from invoking military activities,” xxx “If China says reclamations are for military activities, it will immediately be incurring violation of UNCLOS.”
“That’s why China has been very careful. It has always said they are for civilian purposes. It does not want to invoke military activities.”
Hmmm... so currently, there's a petition among Austrians to exit the EU as well.
Damn, son! Where'd you find this?
The heart of the dispute over the West PH Sea
Inquirer.net, July 08, 2015 05:46pm
Can a country claim "historic rights" over an area far away from its boundary and already within the maritime zone of another country?
This was the central point of Foreign Affairs Secretary Albert del Rosario's speech before the United Nations (UN) arbitral tribunal hearing the case of the maritime dispute between China and the Philippines.
FULL TEXT: DFA chief Del Rosario's speech at UN tribunal
"China has claimed 'historic rights' in areas that are beyond 200 nautical miles from its mainland coasts, or any land feature over which it claims sovereignty, and within 200 NM of the coasts of the Philippines' main islands," Del Rosario said.
"The central element of the legal dispute between the parties, is that China has asserted a claim of 'historic rights' to vast areas of the sea and seabed that lie far beyond the limits of its exclusive economic zone (EEZ) and continental shelf entitlements under the convention."
This was contrary to the provisions of the United Nation Convention on the Law of the Seas (Unclos), where China and the Philippines are signatories.
Under Unclos, a state has a 200-NM EEZ from the coast of islands it owns.
READ: Unclos explained: Why China's claims in South China Sea are invalid
"The convention does not recognize, or permit the exercise of, so called 'historic rights' in areas beyond the limits of the maritime zones that are recognized or established by Unclos," Del Rosario said.
"[China] has acted forcefully to assert [its claim], by exploiting the living and nonliving resources in the areas beyond the Unclos limits while forcibly preventing other coastal states, including the Philippines, from exploiting the resources in the same areas---even though the areas lie well within 200 NM of the Philippines' coast," he said.
[pullquote]"China has pursued its activities in these disputed maritime areas with overwhelming force. The Philippines can only counter by invoking international law."[/pullquote]
China has previously claimed that it has "indisputable sovereignty" over the entire South China Sea through the establishment of its nine-dash line claim.
PHOTOS: China's reclamation in West Philippine Sea
According to official maps published by the Chinese government, the nine-dash line runs close to the coasts of Palawan island and several provinces in Luzon overlapping with the Philippines' EEZ. It also overlaps with the maritime zones of Malaysia, Vietnam, Brunei, and Indonesia.
"The so-called nine-dash line has no basis whatsoever under international law insofar as it purports to define the limits of China's claim to 'historic rights,'" Del Rosario pointed out as one of the main claims in the Philippines' case.
He also said that China's massive land reclamation activities turning reefs and submerged rocks in the Spratly islands were a "blatant disregard of the Philippines rights' in its EEZ."
Several Asian countries, Vietnam, Malaysia, Indonesia, Thailand and Japan, were allowed as observers by the tribunal despite the proceedings being closed to the public.
a look at the philippine legal team: united nations arbitral tribunal, the hague--
US lawyer for PH expert in maritime boundary cases
July 12, 2015 04:40am
The lawyer leading the Philippine team in its fierce legal battle against China belongs to a select group of elite lawyers with extensive experience in representing sovereign states before the International Tribunal on the Law of the Sea (Itlos) in Hamburg, Germany, according to Chambers Global, which ranks law firms and lawyers across the world.
Paul Reichler of the Boston-based law firm Foley Hoag has specialized for more than 25 years in land and maritime boundary disputes, the law firm said on its website.
Reichler works with four other lawyers from the United States and the United Kingdom, in arguing the country's case before the UN arbitral tribunal in The Hague, The Netherlands.
During the first two days of arguments, the legal team presented arguments as to why the five-member arbitral panel at the Permanent Court of Arbitration headquartered in The Hague had jurisdiction over the Philippines' case.
READ: PH in The Hague: China violated int'l law / In The Hague: Like taking a crash course in int'l law, says De Lima / Why SC justices are in PH delegation at The Hague
The Philippines set the arbitration case in motion beginning 2013 in the hope of halting China's aggressive incursions into the country's 370-kilometer exclusive economic zone (EEZ).
Track record
"This is a very important case so we hired experts on international law with rich experience and proven track record," Foreign Affairs Assistant Secretary and spokesperson Charles Jose said when asked why the government was hiring foreign lawyers to represent the country in The Hague.
At a press briefing this week, presidential spokesperson Edwin Lacierda said as much about Reichler and the members of his legal team.
"These are lawyers who have an international reputation appearing before the tribunal. We can rely on them. They've been with us from the start, since we filed the case," Lacierda said.
More than expertise, however, Reichler is known for representing small countries against powerful ones, including his homeland, the United States.
In one of his celebrated cases, the American lawyer served as counsel to Nicaragua in its case at the International Court of Justice (ICJ), questioning the legality of the US military, logistical and financial aid to counterrevolutionary forces attempting to overthrow the Nicaraguan government, and the mining of Nicaraguan harbors by US military and intelligence forces.
In 1986, the ICJ ruled in favor of Nicaragua and ordered the US to pay reparations to the Nicaraguan government for causing damage to its people, property and economy.
In a more recent case similar to the Philippines' claims against China, Reichler served as counsel to Mauritius, an island nation in the Indian Ocean, in an arbitration case against the United Kingdom.
Mauritius was locked in a dispute with the UK over the Chagos Archipelago in the Indian Ocean and the establishment of a marine protected area (MPA) in the British Indian Ocean Territory by the UK government.
Unclos violation
The arbitral tribunal in its preliminary ruling rejected the British claim that it had no jurisdiction over the case, and ruled in favor of Mauritius in March this year.
According to the tribunal, the Chagos Marine Protected Area was "not in accordance with the provisions of the convention" and that in establishing the MPA, the UK violated the provisions of the United Nations Convention on the Law of the Sea (Unclos).
The Philippines is also invoking Unclos to defend its right to exploit maritime resources within its EEZ and territorial sea and challenging China's nine-dash-line claim that encompasses almost the entire South China Sea.
Lauro Baja, former senior official of the Department of Foreign Affairs and one of the diplomats who crafted the Declaration on the Conduct of Parties in the South China Sea in 2002, said in a text message that the Philippines should learn from the Mauritius v. UK case.
Reichler is assisted by Lawrence Martin, a fellow international lawyer at Foley Hoag, and three other international experts who had served as arbiters on various international courts. They are Philippe Sands, Alan Boyle and Bernard H. Oxman.
International disputes
According to his profile on Foley Hoag's website, Martin concentrates his practice on international disputes, typically involving foreign sovereign governments, their agencies and instrumentalities.
Sands, a British-French professor and lawyer at the London-based Matrix Chambers law firm, had served as arbitrator in several cases under the International Center for Settlement of Investment Disputes and the United Nations Commission on International Trade Law rules.
He is also on the list of arbitrators in the field of natural resources and environment maintained by the secretary general to the Permanent Court of Arbitration.
Alan Boyle, of Es*** Court Chambers in London, is also an environmental arbitrator and a special arbitrator under Annex VIII of the 1982 Unclos.
According to his law firm's website, Boyle has worked as counsel for various governments, international organizations and nongovernment organizations, on general international law, international environmental law and the law of the sea.
The fifth lawyer, Oxman, is a professor and coeditor of the American Journal of International Law and a former US senior government official holding several posts. He also served as a judge ad hoc of the Itlos, the only American lawyer to have been appointed to such position, according to an article posted on the website of the University of Miami School of Law.
From 2003 to 2005, Oxman was a member of an arbitral tribunal in a dispute between Malaysia and Singapore.
this one debunks the position of senator marcos that PHL should have opened bilateral talks with China in regard to our claims over the west philippine sea. talks with China started in 1979 during the time of his despotic father but not nothing was achieved. talking with China only provides band-aid solution. a favorable decision by the Permanent Court of Arbitration will provide a long-term solution to this pestering maritime dispute and will put PHL in a position of strength in the negotiating table. senator marcos is doing nothing but muddle the issue---
MANILA, Philippines – The Philippines' case against China over the West Philippine Sea (South China Sea) boils down to 5 basic arguments.
Philippine Foreign Secretary Albert del Rosario outlined these claims on Tuesday, July 7, the first day of arguments at The Hague. (READ: Philippines vows to smash China's strongest argument)
For the oral hearings that run until July 13, we've listed these 5 arguments, quoted verbatim from Del Rosario.
Below each argument, we've added our own notes to explain things in a nutshell. We've also included links to other stories for further reading and reference.
The Philippines' arguments revolve around the right to fish, as well as to exploit other resources, in the West Philippine Sea. (READ: PH vs China at The Hague: '80% of fish' at stake)
This right is based on the so-called Constitution for the Oceans, the United Nations Convention on the Law of the Sea (UNCLOS).
Under UNCLOS, a coastal state has the exclusive right to fish within its exclusive economic zone (EEZ), an area 200 nautical miles from the coastal state's baselines or edges.
1. China's 'historical rights'
ARGUMENT: "First, that China is not entitled to exercise what it refers to as 'historic rights' over the waters, seabed, and subsoil beyond the limits of its entitlements under the Convention."
EXPLANATION: China says the South China Sea has belonged to it for centuries. This is why it claims "historical rights" over the disputed sea.
Senior Associate Justice Antonio Carpio of the Philippine Supreme Court, however, says that "even if true," these historical rights have no bearing on sea disputes under UNCLOS. Carpio explains that UNCLOS "extinguished all historical rights of other states." This UN convention instead gives each coastal state an EEZ. (READ: Top Philippine judge uses Chinese maps vs China)
2. China's 9-dash line
ARGUMENT: "Second, that the so-called 9-dash line has no basis whatsoever under international law insofar as it purports to define the limits of China’s claim to 'historic rights.'"
EXPLANATION: The 9-dash line is China's demarcation to claim virtually the entire South China Sea. China says this is based on its "historical rights."
The Philippines, however, asserts that the 9-dash line is baseless under UNCLOS. This UN convention allows an EEZ, not a 9-dash line.
3. Rocks vs islands
ARGUMENT: "Third, that the various maritime features relied upon by China as a basis upon which to assert its claims in the South China Sea are not islands that generate entitlement to an exclusive economic zone or continental shelf. Rather, some are 'rocks' within the meaning of Article 121, paragraph 3; others are low-tide elevations; and still others are permanently submerged. As a result, none are capable of generating entitlements beyond 12NM (nautical miles), and some generate no entitlements at all. China’s recent massive reclamation activities cannot lawfully change the original nature and character of these features."
EXPLANATION: Under UNCLOS, habitable islands can generate a 200-nautical-mile EEZ. Rocks cannot.
China describes some features in the South China Sea as islands. One of these is Panatag Shoal (Scarborough Shoal), a rocky sandbar. China claims these supposed islands.
China also says these "islands" generate an EEZ, which could overlap with the EEZ of the Philippines. The problem for the Philippines is, China declared in 2006 that it "does not accept" arbitral jurisdiction when it comes to overlapping EEZs. UNCLOS allows this exception.
This is partly why China says the tribunal at The Hague has no right to hear the Philippine case – because it supposedly involves overlapping EEZs.
"The maritime dispute between the Philippines and China boils down to whether there are overlapping EEZs between the Philippines and China in the West Philippine Sea," Senior Associate Justice Carpio says.
Carpio, however, explains that "China has no EEZ that overlaps with the Philippines' EEZ in the Scarborough area." Carpio also believes an international tribunal "will deny Itu Aba," the largest island in the Spratlys, an EEZ. (READ: Why China calls it Huangyan Island)
The Philippines adds that China's reclamation activities cannot "lawfully change" rocks into islands.
4. Breach of the law of the sea
ARGUMENT: "Fourth, that China has breached the Convention by interfering with the Philippines’ exercise of its sovereign rights and jurisdiction."
EXPLANATION: China prevents Filipinos from fishing in the West Philippine Sea. UNCLOS, on the other hand, gives Filipinos the exclusive rights to fish within the Philippines' EEZ in the disputed waters. (READ: PH fisherfolk: Living with Chinese coast guard's hostility)
5. Damage to environment
ARGUMENT: "China has irreversibly damaged the regional marine environment, in breach of UNCLOS, by its destruction of coral reefs in the South China Sea, including areas within the Philippines’ EEZ, by its destructive and hazardous fishing practices, and by its harvesting of endangered species."
EXPLANATION: China is building artificial islands in the West Philippine Sea. The Philippines says China's reclamation activities have buried 311 hectares of coral reefs – around 7 times the size of Vatican City. This can mean P4.8 billion ($106.29 million) in lost economic benefits. At the same time, China is accused of poaching.
China, for its part, refuses to answer the Philippines' arguments in arbitration proceedings. It has instead published a position paper debunking the Philippines' claims.
In the end, the Philippines says, the case at The Hague is set to provide a long-term solution to the sea dispute.
For Del Rosario, UNCLOS provisions "allow the weak to challenge the powerful on an equal footing, confident in the conviction that principles trump power; that law triumphs over force; and that right prevails over might." – Rappler.com