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Politics & Law

Philippines expects early U.N. ruling on sea dispute with China


Albert Del Rosario

Albert Del Rosario

The Philippines expects an early ruling from the United Nations’ tribunal on its arbitration case questioning China’s claim on the South China Sea, Manila‘s foreign minister said on Thursday, in the first public announcement of hopes for a swift outcome.

Friction over the key shipping route has surged as China uses its growing naval might to assert a vast claim over the oil-and-gas rich area more strongly, raising fears of a conflict with other nations bordering the water body.

China, Taiwan and Vietnam have claims on the whole of the South China Sea, while Brunei, Malaysia and the Philippines claim only parts of the disputed waters.

Foreign Secretary Albert del Rosario said the Philippines initiated arbitration proceedings this year after exhausting all political and diplomatic avenues of resolution, and called China’s claim on the South China Sea “expansive and excessive”.

“Our lead counsel believes that without China’s participation, the award will come down faster and may come down by 2014,” del Rosario told a group of diplomats and chief executives of top private and public corporations.

“This is a positive development,” he added.

Del Rosario earlier told Reuters that going by previous cases, the arbitration case could take three to four years to resolve, insisting the tribunal’s decision “will be legally binding on all parties and will not be appealable.”

Legal experts say any result will be unenforceable, however, though it will carry moral and political weight.

China says it has no intention of participating in the case, which it has called an attempt by Manila to legalise its occupation of Chinese islands in the South China Sea.

Overlapping claims in the South China Sea – traversed by half the world’s shipping tonnage – are one of the region’s biggest flashpoints amid China’s military build-up and the U.S. strategic “pivot” back to Asia.

The claims of the Philippines, Vietnam, Malaysia and Brunei are bisected by China’s “nine-dash line” – the historic claim that reaches deep into the maritime heart of Southeast Asia.

Del Rosario also accused China of violating international laws and a non-binding pact in the South China Sea between China and 10 smaller Southeast Asian states, after sending ships to the Scarborough and Second Thomas Shoals.

“China’s continuous overwhelming naval and maritime presence in the area is also contributing to the raising of regional tensions,” del Rosario added.

He said Manila had until next March 30 to submit its arguments and evidence seeking clarification on China’s maritime claims, based on the U.N. Convention of the Law of the Sea.

A diplomat familiar with the arbitration proceedings told Reuters the tribunal would give China six months to respond before holding a hearing and deciding the complaint.

“So, we could actually get an actual ruling by late 2014 or early 2015,” the diplomat said, adding it would take time if China changed its mind and decided to join in.

Source: Reuters “Manila expects early U.N. ruling on sea dispute with Beijing”
 

 

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About chankaiyee2

Author of the book "Tiananmen's Tremendous Achievements" about how with the help of Tiananmen Protests, talented scholars with moral integrity seized power in the Party and state and brought prosperity to China. The second edition of the book will be published within a few days to mark the 25th anniversary of Tiananmen Protests All the parts in the first edition remain in the second edition with a few changes due to information available later and better understanding. There are also some changes for improvements of style. The new parts are Chapters 12-19 on events in China after the first edition was published: The fierce power struggle for succession between reformists and conservatives; Xi Jinping winning all elders’ support during his mysterious disappearance for 2 weeks in early September, 2012; and Xi Jinping Cyclone. Chan Kai Yee's new book: SPACE ERA STRATEGY: The Way China Beats The US An eye-opening book that tells the truth how the US is losing to China. The US is losing as it adopts the outdated strategy of Air-Sea Battle while China adopts the space era strategy to pursue integrated space and air capabilities: It is losing due to its diplomacy that has given rise to Russian-Chinese alliance. US outdated strategy has enabled China to catch up and surpass the US in key weapons: Hypersonic weapons (HGV) that Pentagon regards as the weapon that will dominate the world in the future. Aerospaceplane in China’s development of space-air bomber that can engage enemy anywhere in the world within an hour and destroy an entire aircraft carrier battle group within minutes. Anti-satellite (ASAT) weapons, anti-ASAT weapons, stealth aircrafts, drones, AEW&C, etc. The book gives detailed descriptions of China’s weapon development based on information mainly from Chinese sources that the author monitors closely. U.S. Must Not Be Beaten by China! China is not a democracy. Its political system cannot prevent the emergence of a despotic leader or stop such a leader when he begins to bring disasters to people. A few decades ago, Mao Zedong, the worst tyrant in world history did emerge and bring disasters to Chinese people. He wanted to fight a nuclear war to replace capitalism with communism but could not bring nuclear holocaust to world people as China was too weak and poor at that time. If a despot like Mao Zedong emerges when China has surpassed the US in military strength, world people will suffer the misery experienced by Chinese people in Mao era. China surpassing the US in GDP is not something to worry about as China has the heavy burden to satisfy its huge population, but China surpassing the US in military strength will be world people’s greatest concern if China remains an autocracy. US people are of much better quality than Chinese people. What they lack is a wise leader to adopt the correct strategy and diplomacy and the creative ways to use its resources in developing its military capabilities. I hope that with the emergence of a great leader, the US can put an end to its decline and remain number one in the world. China, US, space era strategy, air-sea battle, space-air bomber, arms race, weapon development, chan kai yee

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