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China is committing a serious violation of UNCLOS; article
Topic Started: Sun Jun 22, 2014 10:41 pm (348 Views)
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‘China’s refusal to join arbitration a serious violation of Unclos’

By Jerome Aning
Philippine Daily Inquirer
9:24 am | Sunday, June 22nd, 2014

MANILA, Philippines—China’s snub of the Philippine arbitral claim on the West Philippine Sea and the slew of building projects initiated by Beijing on disputed reefs in the area are “a serious and belligerent violation” of the UN Convention on the Law of the Sea (Unclos), a Filipino lawyer and international legal expert told a conference in Tokyo last week.

Speaking at the fifth annual meeting of the Japan Society of International Law at the Chuo University Law School, Harry Roque Jr. said that being a signatory to the Unclos, China “agreed to refer all matters involving interpretation and application of the Unclos to the compulsory and binding dispute settlement procedure of the convention.”

Roque, who is also director of the University of the Philippines-Law Center’s Institute of international Legal Studies, recalled that the international community took a very long time to agree on the provisions of Unclos because all countries of the world wanted the convention to be the “constitution for the seas.”

“By prohibiting reservations and by adopting all provision on the basis of consensus, it was the intention of the world community to do away with the use of force and unilateral acts in the resolution of all disputes arising from maritime territory,” Roque said in a statement posted on his blog.

Roque also debunked the view expressed recently by Judge Xue Hanquin, the Chinese judge in the International Court of Justice who said that states that made declarations when they ratified the Unclos—China included—were deemed to have opted out of the dispute settlement procedure of the convention.

He noted that China’s subsequent reservations only to specific subject matters from the jurisdiction of the dispute settlement procedures proves that China agreed to be bound by the procedure.

Roque also said it would not do China any good if reports were confirmed it has been building artificial islands in Mabini (Johnson South) Reef and expanding its artificial island at Kagitingan (Fiery Cross) Reef, and deploying its naval forces to ward off any opposition.

‘Nine-dash line’ illegal

The Philippine government has asked the International Tribunal on the Law of the Sea (Itlos) to declare that China’s “nine-dash line” maritime boundary was illegal since it was not sanctioned by the Unclos.

The Philippines also asked the Netherlands-based arbitral tribunal to declare that Panganiban (Mischief), McKennan, Burgos (Gaven) and Zamora (Subi) reefs—four “low-water elevations,” so-called because they are only visible during low tide, and where China has build artificial islands—be declared as part of the continental shelf of the Philippines.

The Philippines also wanted the Itlos to declare that the waters outside the 12 nautical miles of Panatag (Scarborough) Shoal be declared as part of the Philippine exclusive economic zone.

According to Roque, the Chinese academic in the conference, professor Zhang Xinjun of Tsinghua University, characterized the Philippine arbitral claim as a “mixed claim” because it involved both claims to sovereignty arising from land territory and not just purely maritime territory.

This is why Beijing maintains that the arbitral tribunal lacked jurisdiction over the Philippine claim, Roque quoted Zhang as saying.

The UP professor, however, said the three specific prayers of the Philippines involved interpretation and application of specific Unclos provisions relating to internal waters, territorial sea, exclusive economic zones, islands and low-tide elevations.

Read more: http://globalnation.inquirer.net/106905/chinas-refusal-to-join-arbitration-a-serious-violation-of-unclos#ixzz35NYxd2gv
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Edited by Flipzi, Sun Jun 22, 2014 10:56 pm.
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CHINA'S NEW MAP IS A VIOLATION OF INTERNATIONAL LAW, ANOTHER CHINA'S PROVOCATION, AMBITIOUS EXPANSIONISM AND BASELESS CLAIM OVER THE WEST PHILIPPINE SEA AREAS

- DFA

'China publishes new map'

MANILA, Philippines—China has published a new map of the entire country including the islands in the South China Sea (West Philippine Sea) in order to “better show” its territorial claim over the region.

The government-run Xinhua news agency of China published photos of the map made by Hunan Map Publishing House and said in the caption “Islands in South China Sea share the same scale with mainland and are better shown than traditional maps.”

The map shows China’s claim over the South China Sea by marking ten dash lines around the region just off the coasts of Vietnam, Malaysia, Brunei, and the Philippines’ islands of Palawan and Luzon.

China’s claim over the region, believed to be rich in oil and natural gas and a vital shipping route, has been challenged by the Philippines before the International Tribunal on the Law of the Sea (Itlos).

Several reclamation activities on reefs in the Spratly Islands are being conducted by China as shown by a series of aerial photographs of Mabini reef (Johnson South Reef) released by the Department of Foreign Affairs (DFA).

The reclamation is regarded as China’s way of furthering its “expansionist agenda” in the region, DFA secretary Albert del Rosario said in previous media interviews.

Supreme Court Associate Justice Antonio Carpio debunked China’s historical claims in public lectures saying that “There is not a single ancient map, whether made by Chinese or foreigners, showing that the Spratlys and Scarborough Shoal were ever part of Chinese territory.”

“China’s so-called historical facts to justify its nine-dash line are glaringly inconsistent with actual historical facts, based on China’s own historical maps, constitutions and official pronouncements,” Carpio said.

China remains in control of large parts of the South China Sea and Chinese maritime security vessels have repeatedly used water cannons to drive away Filipino fishermen from Scarborough Shoal and from areas in the Spratly Islands.

- Inquirer

DFA criticized the '10-dash line map' that China revealed, which claims the territories of its neighbors.

Foreign Affairs Assistant Secretary Charles Jose said that this is a violation of international law.

He called this as "ambitious expansionism" and another reckless act by China that further heightens tension in the West Philippine Sea amidst China's announcement that it will not do anything to cause further antagonize the situation and shamelessly claim that it nonetheless has the right to do what it wants since it it says China owns the areas.

MORE http://w11.zetaboards.com/NDSFP/topic/9802884/3/#new
Alfred Alexander L. Marasigan
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Phl laughs off ‘territorial claim by drawing’

By Aurea Calica (The Philippine Star) | Updated June 27, 2014 - 12:00am

MANILA, Philippines - Malacañang rejected yesterday China’s new “10-dash line” map that included areas being claimed by the Philippines in the West Philippine Sea, South China Sea and even Palawan, describing it as a mere “drawing” that is contrary to the United Nations Convention on the Law of the Sea (UNCLOS).

In a press briefing, Secretary Herminio Coloma Jr. of the Presidential Communications Operations Office said the Department of Foreign Affairs (DFA) had expressed the country’s position on the issue and that maritime entitlements in the South China Sea could not be based on a “drawing.”

Last Wednesday, DFA spokesman Charles Jose said the publication of the new map “shows China’s unreasonably expansive claim that is clearly contrary to international law,” particularly the UNCLOS.

“It is precisely such ambitious expansionism that is causing the tensions in the South China Sea,” Jose said.

Among Filipinos, the term “drawing” is not just a sketch but connotes something that is invented, untrue, or one’s word that is not kept and can just be mocked or dismissed.

The new Chinese map, which was first published last January by China’s state mapping authority Sinomap Press, features 10 dash lines instead of nine dash lines to mark a huge swath of the South China Sea in a tongue-shaped encirclement as Chinese territory.

Headlines ( Article MRec ), pagematch: 1, sectionmatch: 1
Brunei, Malaysia, the Philippines, Taiwan and Vietnam have been contesting China’s claim over the whole of the South China Sea.

Nine dashes in the new Chinese map are in the South China Sea and a tenth dash has been placed near Taiwan, purportedly to signify that territory’s status as a Chinese province.

“They drew a nine-dash line. Now it’s supposed to be 10. Based on history, it was 11-dash line during the Chiang Kai-shek regime. That 11 became nine, now it’s 10,” Coloma said.

“But in totality, to put it simply, they just drew that. All those drawings are superseded by the UNCLOS,” he said.

This is the reason why signatories to the UNCLOS are calling for respect for the provisions of the UNCLOS, Coloma said, noting that the Philippines went to the UN arbitral tribunal precisely to resolve the matter peacefully and through diplomatic and legal means.

He said the Philippines has also been pushing for a code of conduct in the South China Sea between the Association of the Southeast Asian Nations and China.

Coloma stressed it was time to have a code that would guide the behavior of all countries in their maritime entitlement claims.

“Finding long-term solutions that will lead to security and stability in the region continues,” Coloma said.

“While it is apparent that this move does not promote the cause of regional stability, we reiterate our focus on diplomatic, political and legal options that will bring about the peaceful resolution of disputes on conflicting claims to maritime entitlements in the South China Sea,” he said.

Meanwhile, former Parañaque City Rep. Roilo Golez yesterday said the Philippines must brace for more blatant Chinese intrusions in the South China Sea after Beijing published a new map that expands its claim over disputed waters. – With Pia Lee-Brago, Paolo Romero, Jaime Laude

http://www.philstar.com/headlines/2014/06/27/1339573/phl-laughs-territorial-claim-drawing
Alfred Alexander L. Marasigan
Manila, Philippines
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