The Philippines is losing the battle that he led the country to wage against China.
Yesterday Del Rosario said that the Philippines will ask the United Nations Arbitral Court to hasten the resolution of the 2013 suit it filed questioning the legality of China’s nine-dash line map in the light of the latter’s expansion activities on islands they are occupying in the disputed areas of the Spratlys in the South China Sea.
Solicitor General Francis Jardeleza had said that they expect the International Tribunal on the Law of the Sea to rule on both jurisdiction and merit of the Philippine claim “between 2015 to 2016.” China has refused to participate in the Philippine case.
Earlier, del Rosario said he will ask the Association of Southeast Asian Nations to call for a moratorium on activities in the South China Sea. Four –Philippines, Vietnam, Malaysia, Brunei – out of ten Asean members have conflicting claims in the Spratlys.
Besides there’s already the 2002 Declaration on the Conduct of Parties in the South China Sea which China has signed.
The 2002 DOC states that “The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner.”
That particular provision is carried in the draft Code of Conduct in the South China Sea which Asean has approved and is being negotiated with China. Th
Analysts said that China’s expansion- turning rocks they have occupied into islands by reclamation- is in anticipation of the signing of the Code of Conduct in the South China Sea, which would exhort signatories to maintain the status quo in the disputed areas at the time of the signing.
There’s nothing wrong for an Asean call for moratorium but if Del Rosario thinks that’s something that would persuade China, he is dreaming. He should know that territorial conflicts are not resolved by dreams.
If China is expanding their occupied territories (they are not taking over new rocks or islets, so far), why can’t the Philippines do the same? We have presence in nine features in Spratlys as against Vietnam’s more than 20, China’s 8, Malaysia’s 4, Taiwan’s one. Zero for Brunei.
What prevents the Philippines from occupying more rocks or islets? Why don’t we ground another Philippine Navy ships in one of those unoccupied rocks like what the Navy did with The BRP Sierra Madre in Ayungin shoal in 1999.
Del Rosario has shunned bilateral talks with China which puzzles other foreign policy experts. Former Ambassador to the United Nations Lauro Baja Jr. has criticized this policy saying “The negotiating table is the greatest equalizer in international relations.“ He said whatever the size of the country, all are equal in negotiations.
Vietnam and China are talking despite a much-more serious conflict between them.
Del Rosario has also told President Aquino about his opposition to backchannel talks thereby closing informal communication with China, which has proven effective in other countries experience in conflict resolution.
Del Rosario talks to China through the media– complaining about China’s actions before filing a protest and announcing the Philippines’ next moves before actually doing it. A journalist friend said , “We are fighting a media battle while China has already occupied the battlefield.”
Good luck.
You want results before the end of the Penoy’s term? Study the possibility of asking for provisional remedies – like a status quo order.
That was the move of the Netherlands in the case of “The Netherlands v. Russia”, an ITLOS case where the superpower also refuses to participate.
itlos.org/index.php?id=264 (tatlong w sa harap).
That case involves (yes, it is ongoing) a Dutch vessel taken into custody by Russia, and which vessel, Russia refuses to release. (The vessel is a Greenpeace vessel, but flew the Dutch flag.) The Dutch asked for the provisional remedy of a release, pending the resolution of the case.
The ITLOS assumed jurisdiction, only for the provisional remedy, and ordered the Netherlands to park a bond of 3.6 million euros.
That is 4.8 million dollars, or 215.5 million pesos. Barya lang yan, compared to the persuasion SAROs for the removal of Renato Corona. They better do it fast before the DAP is declared unconstitutional. Otherwise, they may have to ask Congress to appropriate the bond money.
The Netherlands complied in November 2013, but there is no news about Russia releasing the vessel. So it seems the Dutch won a paper victory, and may obtain a greater paper victory, if the ITLOS assumes jurisdiction on the merits, and orders Russia to release the vessel.
Can there be provisional remedies with respect to islands or reefs (and their resources) in dispute? How much would the bond be? Will it be an embarrassment to China if they lose (the shame China strategy of the Penoy)? Or will it be an embarrassment to the ITLOS, if a party ignores the ITLOS? That is what the US did with respect to the ICJ (Nicaragua v US), and Colombia did, in the ITLOS case of Nicaragua (again?) v Colombia?
Bangladesh v Myanmar is a good case study of diplomacy, and mutual agreement to defer to the ITLOS’ judgment. They negotiated from 1974 to 2010. So when they went to the ITLOS, it was out of mutual cooperation – asking an independent body to resolve what diplomacy could not. The spirit of mutual cooperation that imbued the negotiations before the resort to the ITLOS bodes well for compliance. There is no news yet, of any country snubbing the judgment.
I agree with Secretary del Rosario. Back channeling is just another way to be played for a fool by China. There is a reason why diplomacy will not work. Because diplomacy seeks a fair resolution that respects both nations. China does not want a fair resolution and China respects no other nation. What initiatives has China taken to work diplomatically with the Philippines? Or Japan? Or Viet Nam.
The latest attempt by Viet Nam to talk, just a day or two ago, ended with China accusing Viet Nam of “hyping” the conflict. Some way to achieve harmony. Insult the other party publicly at the end of the discussion.
Bangaladesh and Myanmar both wanted a solution that would respect the other.
The Philippines is absolutely taking the right steps. Criticisms should be aimed at China, not “our” people.
“Del Rosario has shunned bilateral talks with China which puzzles other foreign policy experts. Former Ambassador to the United Nations Lauro Baja Jr. has criticized this policy saying “The negotiating table is the greatest equalizer in international relations.“ He said whatever the size of the country, all are equal in negotiations.
Vietnam and China are talking despite a much-more serious conflict between them.”
the china vietnam bilateral talks are not working. china continues to do what it wants to do no matter what vietnam thinks.
#1, Snv, someone close to the PH legal team said they are still studying the pros and cons of asking for provisional measures because it might complicate the jurisdiction aspect of the case.
He said ITLOS does not deal with territorial disputes and sovereignty issues. Just UNCLOS-related. The Philippine suit is for the declaration of the nine-dash line map of China null and void because it violates UNCLOS.
#3 But they are talking to each other directly. As long as talking there’s still hope for a peaceful solution.
Meanwhile, Vietnam is also expanding the islands they are occupying. http://www.philstar.com/headlines/2013/01/04/893091/vietnam-puts-supermarket-occupied-pugad-island. And we are not complaining.
BTW, the site of the first sportfest between Philippines and Vietnam Pugad Island (Southwest Cay)used to be occupied by the Philippines. Vietnam through deceit (they sent women of the night to lure Filipino the soldiers assigned and when the soldiers came back, the island was not in Vietnamese control.
Here’s an account of the Pugad Island (Southwest cay) invasion in 1975.
http://en.wikipedia.org/wiki/Southwest_Cay
The invasion took place when all the Philippine soldiers guarding the island of Pugad left to attend to the birthday party of their commanding officer who is based on nearby Parola Island. The storm that day is also believed to have persuaded all the soldiers to regroup temporarily on Parola island. A report also came out saying that South Vietnamese officials managed to send Vietnamese prostitutes to the birthday party to lure the Filipino soldiers guarding Pugad Island. It was said to be a “present” to the Philippine commander for his birthday and as a move of South Vietnamese forces to befriend all Filipino soldiers guarding the Spratlys. Philippine soldiers did not expect that South Vietnam would resort to foul play since both Philippines and South Vietnam, together with the United States, were allies in the Vietnam War. This tactic is believed to be the reason why South Vietnamese forces knew that the Filipino soldiers left the island, an action that is usually kept confidential.
After the party and after the weather cleared out, the returning soldiers were surprised that there was a company of South Vietnamese soldiers on the island. The South Vietnamese flag replaced the Philippine flag flying in the pole created by Philippine soldiers themselves. The soldiers returned to Parola immediately for fear that Parola would be the next target. After higher-ups of the Philippines were informed about the situation, they instructed the troops based in Parola and Pagasa to stay on red alert status. The following morning, the only thing the Filipino soldiers could do in Parola was to “curse” while South Vietnamese sang their national anthem. Malacañang officials, who did not want to compromise the alliance while the Vietnam War was still being fought, decided to remain silent.
A few months later, the recently formed unified Vietnam (after North Vietnam successfully invaded South Vietnam) decided to remove all remaining South Vietnamese troops in the Spratlys and establish military control among the features. It was reported that dozens of South Vietnamese soldiers in Pugad Island swam all the way to Parola just to avoid being captured by North Vietnamese forces. It was then when Malacañang officials, headed by President Ferdinand Marcos, discussed how the Philippines could reclaim the island. It had been apparent that most of the officials (who treat the communists as a threat to the Philippine national security) want to attack Pugad to reclaim it. However, after an intelligence report came stating that the unified Vietnam had already built a huge concrete garrison within a few weeks, the officials dropped the plan and tried to resolve the issue diplomatically. However, this approach eventually died along the process making Pugad a Vietnamese-occupied island up to this day.
Given the embarrassing history of Southwest Cay (Pugad Island), I’m appalled that Philippine officials agreed to hold the sportfest in that island.
Ano yun? We protect our territory from the Chinese but okay lang kung ang mag-takeover ay Vietnam or Malaysia (in the case of Sabah)?
Where’s the consistency?
Yes. Why are we not doing this?
Defending any part of the Philippine territory against powerful grabbers like China always remains an impossible task of any administration that maybe running the government especially WHEN almost all officials be elected by the people or appointed by the president DO NOT possess a strong will to lead by example like the one s(h)itting now in Malakanyang. Modernization plans for the AFP had long been hitting media attention yet funding is always a big question mark as to where and how it would and could be raised BUT even if this much touted modernization be realized, WHO will support our soldiers in fighting a war? The starving civilian populace led by barrel tummied government officals?
What’s the tactic promoted by del Rosario?
Pahiyaan? O, walanghiyaan?
Tsk. tsk. tsk. tsk.
Panot style.
“………What prevents the Philippines from occupying more rocks or islets? Why don’t we ground another Philippine Navy ships in one of those unoccupied rocks like what the Navy did with The BRP Sierra Madre in Ayungin shoal in 1999….”
gastos lang ‘yan, eh. saka magtatagal dahil maghihintay pa ng panibagong barkong masisira (mula sa mga malapit nang masirang iilang barko ng navy).
pinakasimpleng ginawa sana mula noon pa gobyerno ay naglagay ng detachment sa bawat isla sa lugar na pinag-aagawan at nagtaas ng bandera ng Pilipinas bilang tanda na ang kinatatayuan ng detachment ay pag-aari ng estado.
sasabihin na naman nila na imposible?
kaya nilang magnakaw mula sa kaban ng bayan pero itinuturing na imposible ang pagtatanggol sa alinmang bahagi ng teritoryo ng Pilipinas na kanilang pinagnanakawan?
The law of cause and effect o batas ng karma ay masyado talagang naramdaman sa administrasyon na kung saan ang pamilya nila ay isang dahilan sa pagpatalsik kay Marcos. GRABEH NA ‘TO, ultimo bawang at luya ay masyadong mahal ang presyo. Bakit nagkaganun na ang bawang at luya ay mahal ang presyo samantala hindi naman iyan katulad ng ibang produkto na kailangan ng mga machine o ano pa para makapag produce. Ang bawang o luya para sa akin ay abono lang ang kailangan kasi tinatanim lang naman iyan. How come the price is huge, unexpectable. Kawawa pati mga pobreng tao na bibili ng isda para mag paksiw. Kung makabili man ng murang isda ay mahal naman ang ingredients sa paksiw na bawang at luya.
Iyan ba ang ipinagmamalaki na nakamit na ang kalayaan. Sa panahon ni Marcos magkanu ang halaga ng mga bilihin. Mayroon talagang price control sa panahon ni Marcos.
Dati rati ang isang piso mo ay puwede ka makabili ng bawang pero ngayon ay hindi na. Grabeh na ‘to. Dati rati ang 5 piso ay pwede makabili ng luya na malaki. Ngayon ang 5 piso na luya mas maliit pa siguro sa isang bawang ang laki. Grabeh na ‘to. Mga sumunod na namuno ng bansa ng mapatalsik si Marcos kahit may problemang kinakaharap ang bansa kapag interview at nakikita sa tv ay nakangisi, nakatawa.
Ano kaya ngayon ang masasabi ng mga matatanda na sumama sa pagrally para patalsikin si Marcos.
Mga matatanda na sumama sa pag rally para patalsikin si Marcos tatanungin ko kayo. Sinong naging Pangulo ng bansa na ang kabuhayan at ekonimiya ay maganda?
#12 and #13
wow arvin. bilib na talaga ako sa yo. di lang pala katol hinihithit mo pati detergent sininghot mo na rin.
san ba nagsimula ang pagiging saksakan ng kapal at kawalang konsensya sa pagnanakaw ng pera ng mga Pinoy? di ba dyan sa idol mong si Marcos?
sya ang idolo ng lahat ng mga korap na politiko sa Pilipinas.
mantakin mo BAGO mag Martial Law, mayaman ang Pinas at ang utang nito milyones dolyares lang. PAGKATAPOS ng Martial Law, lampas bente bilyones dolyares ang utang ng Pilipinas at bokya ang ekonomiya.
halos isang bilyong dolyar ang nautang ni Marcos sa kada taon ng Martial Law. at hanggang ngayon, LAHAT ng mga Pinoy pinagbabayaran pa rin ang lintek na utang na yan na ang mga Marcos at mga crony lang naman ang nagpasasa nito.
galing talaga ng idol mo! galing magnakaw!
http://www.nytimes.com/2014/06/23/world/europe/tapes-said-to-reveal-polish-minister-disparaging-us-ties.html
kinda similar to our arrangement with the USA. they have a presence here, but there’s nothing we can do about chinese intrusion and occupation into our territories in the seas. and the deal aquino made with obama for US military presence on RP soil requires PHL not to engage the chinese boats without american permission.
In Ace Acedillo’s privilege speech, he revealed that just after BRP Sierra Madre was ran aground in Ayungin Shoal the military also planned to do a second one, this time in Panatag. Marcos sought the opinion of DFA (MFA at the time) which advised against it so the plan was called off.
Whatever strategic/diplomatic decisions arrived at are top secret and we can only speculate as to either wisdom or insanity of actual official acts. I don’t think anyone here can claim he knows better.
One thing is quite obvious though. Our country is not doing enough to protect what we claim as ours. Diplomacy does not stop with an UNCLOS case. We are putting all our eggs in one basket labeled ITLOG. I mean ITLOS.
Slip of the TonGuE:
Sorry, I misread Acedillo’s speech. The president then was Estrada not Marcos.