Philippines scores against China in UN arbitration

[Pinoy]

October 30th, 2015

The Philippines scored a victory in the International Arbitration Tribunal after the panel unanimously decided Thursday that it has jurisdiction over the maritime dispute between China and the Philippines over the South China Sea (West Philippine Sea.)

The decision means that the tribunal will hold further hearings to settle remaining issues about who rightfully owns the disputed waters around the Spratly Islands.

In a 9-page press release issued by the Permanent Court of Arbitration, “on behalf of the Arbitral Tribunal in the Philippines v. China arbitration, the following 10 findings were listed:

• FINDS that the Tribunal was properly constituted in accordance with Annex VII to the Convention.

• FINDS that China’s non-appearance in these proceedings does not deprive the Tribunal of jurisdiction.

• FINDS that the Philippines’ act of initiating this arbitration did not constitute an abuse of process.

• FINDS that there is no indispensable third party whose absence deprives the Tribunal of jurisdiction.

• FINDS that the 2002 China–ASEAN Declaration on Conduct of the Parties in the South China Sea, the joint statements of the Parties referred to in paragraphs 231 to 232 of this Award, the Treaty of Amity and Cooperation in Southeast Asia, and the Convention on Biological Diversity, do not preclude, under Articles 281 or 282 of the Convention, recourse to the compulsory dispute settlement procedures available under Section 2 of Part XV of the Convention.

• FINDS that the Parties have exchanged views as required by Article 283 of the Convention.

• FINDS that the Tribunal has jurisdiction to consider the Philippines’ Submissions No. 3, 4, 6, 7, 10, 11, and 13, subject to the conditions noted in paragraphs 400, 401, 403, 404, 407, 408, and 410 of this Award.

• FINDS that a determination of whether the Tribunal has jurisdiction to consider the Philippines’ Submissions No. 1, 2, 5, 8, 9, 12, and 14 would involve consideration of issues that do not possess an exclusively preliminary character, and accordingly RESERVES consideration of its jurisdiction to rule on Submissions No. 1, 2, 5, 8, 9, 12, and 14 to the merits phase.

• DIRECTS the Philippines to clarify the content and narrow the scope of its Submission 15 and RESERVES consideration of its jurisdiction over Submission No. 15 to the merits phase.

• RESERVES for further consideration and directions all issues not decided in this Award.
  Another hearing has been set by the tribunal to decide on the merits of the Philippines’ claims against China.

Philippines scores against China in UN arbitration | Inquirer News

 

[Cossack25A1]

Brace for negative reactions from the PDF China Platoon as they are not going to be happy with this news. Also expect masked-derogatory remarks from them,, nuclear attack statements and the usual "we will still keep building islands", "we will ignore this news/developments", "this is ust round 1" or "it is America's/West's fault" statements.

 

[TheTruth]

You're going to find out that PH territory is bound to treaty limits, and that everything around Taiping Island is now Taiwanese EEZ.

Otherwise, the ruling will be ignored and the biased judges laughed at.

 

[tranquilium]

Actual UN press release passage:

"In light of limitations on the matters that can be submitted to compulsory dispute settlement under the Convention, the Philippines has emphasized that it is not requesting the Tribunal to decide the question of sovereignty over maritime features in the South China Sea that are claimed by both the Philippines and China. Nor has the Philippines requested the Tribunal to delimit any maritime boundary between the two States. "

The the tribunal is confirming:

"In light of the foregoing, the Tribunal has concluded that it is presently able to decide that it does have jurisdiction with respect to the matters raised in seven of the Philippines’ Submissions. The Tribunal has concluded, however, that its jurisdiction with respect to seven other Submissions by the Philippines will need to be considered in conjunction with the merits. The Tribunal has requested the Philippines to clarify and narrow one of its Submissions."

Basically, the tribunal is saying "we can't talk about anything regarding to sovereignty or contested region, nor about maritime boundaries, but we believe we can potentially arbitrate other issues." The press release is the tribunal's self-assessment on what case it can take.

 

[Viva_Viet]

PH win also meand VN win against CN in the case.

Thanks to the relentless efforts of our friend

 

[yowhenyo]

Brace for negative reactions from the PDF China Platoon as they are not going to be happy with this news. Also expect masked-derogatory remarks from them,, nuclear attack statements and the usual "we will still keep building islands", "we will ignore this news/developments", "this is ust round 1" or "it is America's/West's fault" statements.

I'm also expecting some to become "UN Tribunal guru" to the extent that they know what the result is even if no hearing to the case has been made yet.

Case and point. V

You're going to find out that PH territory is bound to treaty limits, and that everything around Taiping Island is now Taiwanese EEZ.

Otherwise, the ruling will be ignored and the biased judges laughed at.

Actual UN press release passage:

"In light of limitations on the matters that can be submitted to compulsory dispute settlement under the Convention, the Philippines has emphasized that it is not requesting the Tribunal to decide the question of sovereignty over maritime features in the South China Sea that are claimed by both the Philippines and China. Nor has the Philippines requested the Tribunal to delimit any maritime boundary between the two States. "

The the tribunal is confirming:

"In light of the foregoing, the Tribunal has concluded that it is presently able to decide that it does have jurisdiction with respect to the matters raised in seven of the Philippines’ Submissions. The Tribunal has concluded, however, that its jurisdiction with respect to seven other Submissions by the Philippines will need to be considered in conjunction with the merits. The Tribunal has requested the Philippines to clarify and narrow one of its Submissions."

Basically, the tribunal is saying "we can't talk about anything regarding to sovereignty or contested region, nor about maritime boundaries, but we believe we can potentially arbitrate other issues." The press release is the tribunal's self-assessment on what case it can take.

I'm not sure how you concluded that the red part means "can't". I don't think the word "considered" translates well to Chinese.

Anyway, here's the context submitted by PH.
Red texts are the ones the UN Tribunal has jurisdiction with.
Black texts - may be considered by the UN.
Blue texts - needs some explaining to do.

(1) China’s maritime entitlements in the South China Sea, like those of the Philippines, may not extend beyond those permitted by the United Nations Convention on the Law of the Sea (“UNCLOS” or the “Convention”);

(2) China’s claims to sovereign rights and jurisdiction, and to “historic rights”, with respect to the maritime areas of the South China Sea encompassed by the so-called “nine-dash line” are contrary to the Convention and without lawful effect to the extent that they exceed the geographic and substantive limits of China’s maritime entitlements under UNCLOS;

(3) Scarborough Shoal generates no entitlement to an exclusive economic zone or continental shelf

(4) Mischief Reef, Second Thomas Shoal and Subi Reef are low-tide elevations that do not generate entitlement to a territorial sea, exclusive economic zone or continental shelf, and are not features that are capable of appropriation by occupation or otherwise;

(5) Mischief Reef and Second Thomas Shoal are part of the exclusive economic zone and continental shelf of the Philippines;

(6) Gaven Reef and McKennan Reef (including Hughes Reef) are low-tide elevations that do not generate entitlement to a territorial sea, exclusive economic zone or continental shelf, but their low-water line may be used to determine the baseline from which the breadth of the territorial sea of Namyit and Sin Cowe, respectively, is measured;

(7) Johnson Reef, Cuarteron Reef and Fiery Cross Reef generate no entitlement to an exclusive economic zone or continental shelf;

(8) China has unlawfully interfered with the enjoyment and exercise of the sovereign rights of the Philippines with respect to the living and non-living resources of its exclusive economic zone and continental shelf;

(9) China has unlawfully failed to prevent its nationals and vessels from exploiting the living resources in the exclusive economic zone of the Philippines;

(10) China has unlawfully prevented Philippine fishermen from pursuing their livelihoods by interfering with traditional fishing activities at Scarborough Shoal;

(11) China has violated its obligations under the Convention to protect and preserve the marine environment at Scarborough Shoal and Second Thomas Shoal;

(12) China’s occupation and construction activities on Mischief Reef (a) violate the provisions of the Convention concerning artificial islands, installations and structures; (b) violate China’s duties to protect and preserve the marine environment under the Convention; and (c) constitute unlawful acts of attempted appropriation in violation of the Convention;

(13) China has breached its obligations under the Convention by operating its law enforcement vessels in a dangerous manner causing serious risk of collision to Philippine vessels navigating in the vicinity of Scarborough Shoal;

(14) Since the commencement of this arbitration in January 2013, China has unlawfully aggravated and extended the dispute by, among other things: (a) interfering with the Philippines’ rights of navigation in the waters at, and adjacent to, Second Thomas Shoal; (b) preventing the rotation and resupply of Philippine personnel stationed at Second Thomas Shoal; and (c) endangering the health and well-being of Philippine personnel stationed at Second Thomas Shoal; and

(15) China shall desist from further unlawful claims and activities

 

[dichoi]

Congratulations for brave Philippine people

 

[terranMarine]

Congratulations for brave Philippine people

You can't the same about your country eh?

 

[dichoi]

You can't the same about your country eh?

China is loser by arbitration under UNCLOS with Philippine. Take it.

 

[terranMarine]

China is loser by arbitration under UNCLOS with Philippine. Take it.

I know you are too ashamed to admit Vietnam has no courage to send a ship near our islands

 

[dichoi]

I know you are too ashamed to admit Vietnam has no courage to send a ship near our islands

Lying is no good, kid.

 

[terranMarine]

Lying is no good, kid.

what's that?

 

[dichoi]

what's that?

get lost , when you do not know what is this.

 

[大汉奸柳传志]

That‘s the ruling？I don’t see the what‘s the fuss about.. anyway we should response by mushroom hanoi

 

[badguy2000]

so what?


China keep building while Flps keep sueing...