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Philippines vows to smash China's strongest argument

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What's up with the Banana jokes? I'm confused. Don't you guys eat bananas also? Matter of fact you guys eat the most disgusting food in the world. There are some really good chinese food but man the Chinese restaurants have this distinct smell that makes you want to throw up and want to leave right away. Oh one more thing, the servers are the worst, no decency at all just like some pdf chinese here. Just effen look at the mirror when you try to look down other people you disgusting bunch!
 
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What's up with the Banana jokes? I'm confused. Don't you guys eat bananas also? Matter of fact you guys eat the most disgusting food in the world. There are some really good chinese food but man the Chinese restaurants have this distinct smell that makes you want to throw up and want to leave right away. Oh one more thing, the servers are the worst, no decency at all just like some pdf chinese here. Just effen look at the mirror when you try to look down other people you disgusting bunch!

I do not know really. For some reason, I view it as more genuine the way how they serve in traditional (mom and pop) restaurants and vendor shops in China (Both Taiwan and Mainland). That fake feeling you would have in high-end restaurants is nonexistent. They cook right in front of you (the cooking area looks toward the street while you are seated beside and behind it) and the smell fills the street.

On topic: The Philippines will smash zilch because, by rule, an arbitration means communication between two parties. But the Philippines has no corresponding party. Just as Japan does not recognize China's claims or Vietnam does not recognize Philippines's claims, China does not recognize Philippines' claims.
 
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July 06, 2015

Speaking to Rappler, a Supreme Court senior justice says the UNCLOS tribunal is 'the only forum where we can beat China' – where 'warships, warplanes, atomic bombs don’t count'

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MANILA, Philippines – The Philippines vowed to smash China's strongest argument against Manila's case over the South China Sea, as a UN-backed tribunal begins oral hearings Tuesday, July 7.

This is China's toughest claim: The arbitral tribunal at The Hague, The Netherlands, has no right to hear the Philippines' case.

China, in other words, is questioning the tribunal's jurisdiction. (READ: PH faces major hurdle in China case)

With a powerhouse team led by internationally renowned lawyer Paul Reichler, the Philippines said it is ready to prove China wrong.

Philippine Solicitor General Florin Hilbay along with Reichler will present the Philippines' position.

Joining them is a high-level contingent from all 3 branches of Philippine government:

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  • Executive Secretary Paquito Ochoa Jr for the executive
  • Senate President Franklin Drilon and House Speaker Feliciano Belmonte Jr for the legislative
  • Senior Associate Justice Antonio Carpio and Associate Justice Francis Jardeleza for the judiciary
  • Other delegates such as Foreign Secretary Albert del Rosario, Justice Secretary Leila de Lima, Defense Secretary Voltaire Gazmin, Security Cluster Undersecretary Emmanuel Bautista, and Deputy Presidential Spokesperson Abigail Valte
"If the tribunal decides that it has jurisdiction over the case, the Philippines will be asked at a future date to present its oral arguments on the merits of the case," the Philippine Department of Foreign Affairs explained on July 3.

When it comes to the merits of the case, the Philippines wants the tribunal to declare China's 9-dash line illegal.

The 9-dash line is China's demarcation to claim virtually the entire South China Sea. China says the 9-dash line has historical basis. (READ: Top Philippine judge uses Chinese maps vs China)

In an interview with Rappler's Maria Ressa on June 27, Senior Associate Justice Carpio of the Philippine Supreme Court explained, "Once the jurisdiction is won by the Philippines, and the tribunal says it has jurisdiction, then we practically know the tribunal will strike down the 9-dash line."

He pointed out that "99.9% of legal scholars outside of China think that way."

Philippines' case 'about sea, not land'

China's core argument stems from the nature of the Philippines' case.

In a position paper released on December 7, 2014, China said the basic issue is about who owns the disputed islands in the South China Sea.

China believes the issue is primarily about land, not the sea.

This means the case is beyond the scope of the UN Convention on the Law of the Sea (UNCLOS), the so-called Constitution for the Oceans.

The Philippines, on the other hand, uses UNCLOS as the basis for its case against China before the Permanent Court of Arbitration at The Hague.

Citing UNCLOS, Manila asserts that its case is about who has the right to fish, among other things, in the disputed South China Sea.

For the Philippines, the case is basically maritime and not territorial in nature. (READ: What's at stake in our case against China)

The Philippines says China, instead of insisting on its 9-dash line, should follow UNCLOS.

Under UNCLOS, a huge part of the South China Sea falls under the Philippines' exclusive economic zone (EEZ). The EEZ is an area 200 nautical miles from a coastal state's baselines or edges, within which it has the exclusive right to fish, among other things.

'Round one victory' sought

Quoted by Vera Files, former solicitor general Jardeleza said, "We are very confident that we can convince the court that this is not about ownership of land."

Now a Philippine Supreme Court associate justice, Jardeleza added that the Philippines, for instance, "is not asking the court to say who owns Panatag Shoal," a contested portion of the South China Sea.

He said the Philippines, instead, is arguing that Panatag or Scarborough is "within our EEZ, and therefore under the rules of UNCLOS, we have exclusive rights to fish within that area."

Philippine Justice Secretary De Lima, for her part, told the Inquirer, "I go to The Hague with my head held high, knowing that ours is a principled position based on the rule of international law and upholding of national sovereignty and dignity as a nation."

Referring to a positive ruling on jurisdiction, De Lima added, "A round one victory will be sweet enough and will be a positive sign for the Philippines’ cause."

The Philippines is extra confident about its case because of the powerhouse team representing the country.

Forum to 'beat China'

The US-based Reichler, the Philippines' private lawyer, is expected to undertake oral arguments for the Philippines from July 7 to 13.

Reichler is a partner at the 7-decade-old firm FoleyHoag in the United States. He serves as co-chair of its International Litigation and Arbitration Department.

Chambers Global said Reichler "belongs to a select group of elite lawyers with extensive experience litigating on behalf of sovereign states before the International Court of Justice in The Hague, and the International Tribunal on the Law of the Sea in Hamburg."

Carpio, who has extensively studied and lectured about the South China Sea, banks on the UNCLOS tribunal as "the only forum where we can beat China."

"In the UNCLOS tribunal, warships, warplanes, atomic bombs don’t count. They just decide the case based on the law of the sea," Carpio told Rappler.

"And that is the forum where we are on equal footing with China, despite China’s military strength," he said. "When you go to court, in UNCLOS, we are on equal footing."

Philippines vows to smash China's strongest argument

Good move, congratulation for brave Philippine people.
 
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PUGAD ISLAND PHILIPPINES - invaded by Vietnam & occupied illegally

Kalayaan Palawan Philippines (Spratly Islands)
Pugad Island ; is an islet in the Spratly Islands. With an area of 12 hectares, it is the sixth largest Spratly island and the second largest among the Vietnamese-occupied Spratly islands. It holds the archipelago's highest point, at 4 metres above sea level. Southwest Cay was once a breeding place for birds and was covered with trees and guano. Export of guano was once carried out "on a considerable scale."[1]

”In 1968, Philippines troops occupied Pugad Island. In 1975, a party was held for the Philippine commanding officer at Parola. Philippine forces guarding Pugad Island attended the party and upon their return, found that the South Vietnamese, who were then Allies, had occupied the island in their absence.

It is within North Danger Reef which also contains the Philippine-occupied Northeast Cay (Parola Island), Vietnamese-occupied South Reef and unoccupied North Reef. Southwest Cay and Northeast Cay are located just 1.75 miles away from each other, within sight of one another.
 
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PUGAD ISLAND PHILIPPINES - invaded by Vietnam & occupied illegally

Kalayaan Palawan Philippines (Spratly Islands)
Pugad Island ; is an islet in the Spratly Islands. With an area of 12 hectares, it is the sixth largest Spratly island and the second largest among the Vietnamese-occupied Spratly islands. It holds the archipelago's highest point, at 4 metres above sea level. Southwest Cay was once a breeding place for birds and was covered with trees and guano. Export of guano was once carried out "on a considerable scale."[1]

”In 1968, Philippines troops occupied Pugad Island. In 1975, a party was held for the Philippine commanding officer at Parola. Philippine forces guarding Pugad Island attended the party and upon their return, found that the South Vietnamese, who were then Allies, had occupied the island in their absence.

It is within North Danger Reef which also contains the Philippine-occupied Northeast Cay (Parola Island), Vietnamese-occupied South Reef and unoccupied North Reef. Southwest Cay and Northeast Cay are located just 1.75 miles away from each other, within sight of one another.

do you agreed with this article ? so china have to go home from illegal occupation on such reefs in Spratly.

Note that Spratly is under official administration of Vietnam from time of Nguyen Dynasty. Vietnam and Philippine will solve our dispute base on rules of International law.
 
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Note that Spratly is under official administration of Vietnam from time of Nguyen Dynasty. Vietnam and Philippine will solve our dispute base on rules of International law.

No, you will not solve. You will fight over it. You have no desire to give up on the islands you already occupy.

First take your disagreements to international court. When there are two sides, it is real arbitration and should be solved pretty quickly. Why wait?

Besides, why did you not recognize Philippines' fishing ban -- along with China's?

If you fail to agree on a simple fishing ban, how will you agree on giving up territories that you already hold?
 
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No, you will not solve. You will fight over it. You have no desire to give up on the islands you already occupy.

First take your disagreements to international court. When there are two sides, it is real arbitration and should be solved pretty quickly. Why wait?

Besides, why did you not recognize Philippines' fishing ban -- along with China's?

If you fail to agree on a simple fishing ban, how will you agree on giving up territories that you already hold?

Do you understand our strategic on this dispute ?

What kind of fishing ban as you said about ? Is this ?
dang_w_450.jpg


In fact Chinese fishing ban related to Paracel Islands of Vietnam, where the map of western has recognized that Paracel Island belong to Vietnam, Xu dang Trong (Cocin-chine) from 1827.
75489363-Anh_2_-_No106.jpg
 
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Is this supposed to be some sort of joke. :lol:

After China seized the Scarborough shoal from the Philippines in 2012, and the Paracel islands from Vietnam before that, tell me who helped you to get them back? That's right, no one. Even America itself abandoned their "mutual defence treaty" with the Philippines, and instead went to China to ask for more loans.

Even you guys realize it is hopeless, which is why you've now shifted your position to complain about the nine-dashed line. And even there nothing can change it, unless you want to fight a war for it.

Don't mistake us for the weak China that we were during the Century of Humiliation, where you spared no effort to steal what belonged to us, while we were weak and unable to do anything about it. Times have changed, you want our territory you're going to have to fight for it, and this time we are not going to hold back.
 
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And you are proud of illegally seizing territory of another country? Wow! So much for 'peaceful rise' deluded notions of Chinese leadership then..

Peace by definition is the absence of war. And we are not in any wars. :lol:

So our rise is peaceful, and will be. Right up until the point where one of these guys finally summons up the guts to fight us. Let's see when that happens.

Maybe your own India will attack/backstab us again like they did back in 1962 when we were in the middle of a famine.
 
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What's up with the Banana jokes? I'm confused. Don't you guys eat bananas also? Matter of fact you guys eat the most disgusting food in the world. There are some really good chinese food but man the Chinese restaurants have this distinct smell that makes you want to throw up and want to leave right away. Oh one more thing, the servers are the worst, no decency at all just like some pdf chinese here. Just effen look at the mirror when you try to look down other people you disgusting bunch!

They think that the Philippines is a "banana republic" (not the clothing brand)
Banana republic - Wikipedia, the free encyclopedia
 
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Peace by definition is the absence of war. And we are not in any wars. :lol:

So our rise is peaceful, and will be. Right up until the point where one of these guys finally summons up the guts to fight us. Let's see when that happens.

Maybe your own India will attack/backstab us again like they did back in 1962 when we were in the middle of a famine.


LoL I am not from India :)
 
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China should come to its f*kin senses and stop trying to take over EEZ of other countries. Philippines may be poor, corrupt, etc but anything is better than a one party communist clusterf*ck that China is..




And you are proud of illegally seizing territory of another country? Wow! So much for 'peaceful rise' deluded notions of Chinese leadership then..

I'd much rather be led by communists that has advanced Chinese power than be led by the joke that Pakistan is currently led by.

ALL the South Asian countries are chaotic and full of religious crackpots.
 
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