Tag Archives: Memorial

PH vs China hearing to take place in July

MANILA – A United Nations-backed arbitral tribunal is set to conduct a hearing in July 2015 to decide whether it has jurisdiction on the case submitted by Manila against Beijing regarding the disputed South China Sea. The arbitral tribunal at Permanent Court of Arbitration (PCA), based in The Hague, The Netherlands, noted that while China has refused to participate in the proceedings, it will consider the latter’s communications, including its position paper, ”as constituting a plea concerning the arbitral tribunal’s jurisdiction.” ”The Arbitral Tribunal will conduct a hearing in July 2015 to address the objections to jurisdiction set out in China’s Position Paper. The Arbitral Tribunal will also consider other matters concerning its jurisdiction and the admissibility of the Philippines’ claims,” the tribunal said. China’s position paper, released in December 2014 just before the deadline set by the tribunal for China to file its counter-memorial, challenged the jurisdiction of the arbitral tribunal in hearing the case. Read more: http://www.abs-cbnnews.com/nation/04/23/15/ph-vs-china-hearing-take-place-july

Maps, charts to back up PH case vs China

MANILA, Philippines–The Philippines will be submitting a “voluminous” amount of documents containing arguments, maps and charts to the United Nations arbitration tribunal to bolster its case in its South China Sea territorial dispute with China. Foreign Affairs Secretary Albert del Rosario said the supplemental submission to be sent to the tribunal in the Hague between Friday and March 16 answers all the questions raised by the tribunal on behalf of China. “There were 26 questions and we answered all of them and we included maps and charts… It’s voluminous,” Del Rosario said. Del Rosario has left for the United States to meet with the country’s legal counsel in the arbitration case and to make sure that the submission has completely answered the tribunal’s questions. The document must reach the tribunal by March 16 as stipulated by the arbitration body. China, on the other hand, has until June 16, to respond to the Philippines’ written comments. According to Del Rosario, oral hearings will then be scheduled between July 8 and July 20. Read more: http://globalnation.inquirer.net/119493/maps-charts-to-back-up-ph-case-vs-china/#ixzz3UNnLrlfc

PH’s arbitration case vs China shows options in sea row

MANILA, Philippines – By turning to international arbitration to define its maritime entitlements in the South China Sea, Manila has shown there are options to resolve territorial disputes other than lopsided negotiations where mighty nations lord over small ones. Philippine Ambassador to the United States Jose Cuisia Jr. voiced the observation in a speech during a reception he hosted for Washington-based journalists led by National Press Club president Myron Belkind. “We have always been asked why we have resorted to arbitration. Our answer is simple. International law is the great equalizer,” Cuisia said in his remarks. He said Manila sees the arbitration case as a model for other smaller states in a similar situation. Manila’s resorting to international arbitration was prompted by China’s expansive claim over the West Philippine Sea and South China Sea.   Read more: http://www.abs-cbnnews.com/nation/01/10/15/phls-arbitration-case-vs-china-shows-options-sea-row

Law and realpolitik in the South China Sea

China’s rejection of the international process represented by the Permanent Court of Arbitration at The Hague is both a missed opportunity and a disappointing corollary to its intransigence on the South China Sea dispute. Beijing’s visceral opposition to third-party arbitration is based on the suspicion that the process is a means of exerting political pressure on it over territory it thinks is inherently Chinese. Thus, its recent position paper dismisses the special arbitral tribunal – where the Philippines filed a memorial this year – as having no jurisdiction over the issue. Instead, it asserts the “historical rights” that give Beijing indisputable sovereignty over disputed features. Clearly, this perspective leaves little room for a negotiated settlement of the festering maritime dispute in accordance with the impartial, transparent and tested mechanisms of international law. China is merely offering another version of the argument that the South China Sea is its because it says so. The fact that Vietnam has submitted its position to the tribunal initiated by the Philippines is a message that sovereignty claims do not stand simply because they are made. Instead, the rule of law is crucial to the resolution of those claims, precisely because international arbitral agencies have no vested interest in the outcome, whichever way a verdict goes. After all, a victory for Manila’s and Hanoi’s claims is not certain; yet, they have presented their cases at The Hague. This exemplifies the spirit that countries large and small should exhibit in their dealings with one another. The opposite is likely to be the case now. At the heart of the issue is China’s “nine-dash” territorial claim, which covers virtually the entire South China Sea. A repudiation of the nine dashes by the tribunal would provoke Beijing to dig in, and, indeed, to increase the stridency with which it defends its position. A new element of disquiet would be introduced into a situation that has stabilised somewhat lately. Matters would hinge on the military imbalance of power between China and the other claimants. – See more at: http://www.straitstimes.com/news/opinion/more-opinion-stories/story/law-and-realpolitik-the-south-china-sea-20141223#sthash.qfMtgx2M.dpuf

MARITIME CLAIMS IN THE SOUTH CHINA SEA

Office of Ocean and Polar Affairs Bureau of Oceans and International Environmental and Scientific Affairs U.S. Department of State This study is one of a series issued by the Office of Ocean and Polar Affairs, Bureau of Oceans and International Environmental and Scientific Affairs in the Department of State. The purpose of the series is to examine a coastal State’s maritime claims and/or boundaries and assess their consistency with international law. This study represents the views of the United States Government only on the specific matters discussed therein and does not necessarily reflect an acceptance of the limits claimed. This study, and earlier studies in this series, may be downloaded from http://www.state.gov/e/oes/ocns/opa/c16065.htm. Comments and questions should be emailed to LimitsInTheSeas@state.gov. Principal analysts for this study are Kevin Baumert and Brian Melchior.   Read the study here:

Regional tensions on display at Fifth Xiangshan Forum

Last week’s Fifth Xiangshan Forum in Beijing demonstrated just how difficult it will be to resolve disputes in the South China Sea as long as key parties believe history must arbitrate the veracity of claims to sovereignty over contested islands. Scholars, officials and military officers from all around Asia were present, including many from the claimant countries in territorial disputes in the South China Sea, such as Vietnam and the Philippines. One of the strongest messages at the forum was how intensely most regional actors feel that there is a problem of deep strategic mistrust, and how important genuine communication and dialogue is in overcoming that mistrust. Yet these same actors were all firmly committed to their own positions and seemed to show little interest in accommodating the views of others. This is not particularly surprising at an event like this, but it does not bode well for achieving lasting peace and security.   Read more: Last week’s Fifth Xiangshan Forum in Beijing demonstrated just how difficult it will be to resolve disputes in the South China Sea as long as key parties believe history must arbitrate the veracity of claims to sovereignty over contested islands. Scholars, officials and military officers from all around Asia were present, including many from the claimant countries in territorial disputes in the South China Sea, such as Vietnam and the Philippines. One of the strongest messages at the forum was how intensely most regional actors feel that there is a problem of deep strategic mistrust, and how important genuine communication and dialogue is in overcoming that mistrust. Yet these same actors were all firmly committed to their own positions and seemed to show little interest in accommodating the views of others. This is not particularly surprising at an event like this, but it does not bode well for achieving lasting peace and security.   Read more: http://www.lowyinterpreter.org/post/2014/11/27/Regional-tensions-on-display-Fifth-Xiangshan-Forum.aspx?COLLCC=2986564147&

Philippines: Ancient Maps Undercut China’s South China Sea Claims

On September 11 the Philippines put “dozens of ancient maps on display” which they say show that China’s territorial claims have not historically included the Scarborough Shoal in the South China Sea. China “seized control” of Scarborough Shoal in June 2012 and has not allowed Philippine fishermen to get close to it since. According to Reuters, Philippine officials say the maps show “that for almost 1,000 years…China’s southernmost territory was always Hainan island,” which is just off China’s southern coast. Philippine Supreme Court Associate Justice Antonio Carpio said, “We should respect historical facts, not historical lies.” And he said the maps show the facts. However, China now claims “nearly the entire South China Sea.” On August 30 Breitbart News reported that China was reclaiming four reefs in and around the Philippines’ Kalayaan Islands. These include the Mabini (Johnson South) Reef, “Burgos (Gaven) Reef, Kennan (Chiqua) Reef, and Calderon (Cuarteron) Reef.” The Philippine Star quoted an unnamed security official saying, “While our political leaders are busy squabbling, out there in the West Philippine Sea we are slowly losing our very territorial domain to China’s creeping invasion.”   Read more:  http://www.breitbart.com/Big-Peace/2014/09/12/Philippines-Ancient-Maps-Undercut-China-s-South-China-Sea-Claims

Philippines Displays Ancient Maps to Debunk China’s Sea Claims

MANILA— The Philippines on Thursday put on display dozens of ancient maps which officials said showed that China’s territorial claims over the South China Sea did not include a disputed shoal at the center of an acrimonious standoff. The Philippines is in dispute with China over parts of the South China Sea, including the Scarborough Shoal, an area believed to be rich in oil and natural gas as well as fisheries resources. China seized control of the shoal in June 2012 and has prevented Philippine fishermen from getting close to the rocky outcrop, a rich fishing ground. Philippine officials said the exhibition of old maps at a university showed that for almost 1,000 years, from the Song Dynasty in the year 960 until the end of the Qing Dynasty early in the 20th century, China’s southernmost territory was always Hainan island, just of the Chinese coast.   Read more: http://www.voanews.com/content/reu-philippines-displays-ancient-maps-to-debunk-chinas-sea-claims/2446051.html

Philippines displays ancient maps to debunk China’s sea claims

MANILA (Reuters) – The Philippines on Thursday put on display dozens of ancient maps which officials said showed that China’s territorial claims over the South China Sea did not include a disputed shoal at the centre of an acrimonious standoff. The Philippines is in dispute with China over parts of the South China Sea, including the Scarborough Shoal, an area believed to be rich in oil and natural gas as well as fisheries resources. China seized control of the shoal in June 2012 and has prevented Philippine fishermen from getting close to the rocky outcrop, a rich fishing ground. Philippine officials said the exhibition of old maps at a university showed that for almost 1,000 years, from the Song Dynasty in the year 960 until the end of the Qing Dynasty early in the 20th century, China’s southernmost territory was always Hainan island, just off the Chinese coast. “We should respect historical facts, not historical lies,” said Supreme Court Associate Justice Antonio Carpio, who has done extensive research on the territorial disputes. Read more: http://www.euronews.com/newswires/2684080-philippines-displays-ancient-maps-to-debunk-chinas-sea-claims/

60 maps debunk China’s ‘historical claim’ on South China Sea

MANILA, Philippines – An exhibit of 60 ancient maps presented Thursday showed that China has never had “historical ownership” of Scarborough Shoal, one of the many maritime features in the disputed West Philippine Sea. The maps were published based on the previous lecture of Supreme Court Senior Associate Justice Antonio Carpio debunking China’s claims of “indisputable sovereignty” over the entire South China Sea. “This exhibit provides a compelling argument against China’s ‘indisputable claim’ on the South China Sea,” Foreign Affairs Secretary Albert del Rosario said in his opening remarks. He said that the maps corroborate the fact that Scarborough, also known as Bajo de Masinloc or Panatag shoal, has never been a part of Chinese territory and has always been part of the Philippines. Carpio said in his keynote speech that he hopes these maps, the oldest of which date back to 1136 under China’s Nan Song Dynasty, would show to the world the true historical facts of the disputes in the South China Sea. All maps, whether published by China or other countries, consistently show that China’s southernmost province in Hainan island does not claim any other maritime features, such as the Spratly Islands and Scarborough. Read more: http://globalnation.inquirer.net/110955/60-maps-debunk-chinas-historical-claim-on-south-china-sea#ixzz3DAh3nBpm