Category: South China Sea

Water source crucial in determining status of Itu Aba (1)

Published by Ellen on February 5, 2016

Is the water coming from the grounds of Itu Aba (Chinese name: Taiping; Philippine name: Ligaw) suitable for drinking?
The answer to this question is crucial in determining whether Itu Aba is an island or a rock.

The determination of Itu Aba’s feature- whether a rock or an island- is important in establishing the extent of the Philippine’s territory and coverage of its sovereignty.

Itu Aba, occupied by Taiwan, is the biggest feature in the Spratlys in South China Sea which is being claimed wholly by China and Taiwan and partly by Philippines, Vietnam, Malaysia and Brunei.

The United Nations Convention on the Law of the Sea or UNCLOS defines an island as “a naturally formed area of land, surrounded by water, which is above water at high tide.”

South China Sea looms large even if not in APEC 2015 agenda

Published by Ellen on November 9, 2015

South China Sea looms large even if it is not in the agenda of the 23rd meeting of the leaders of the Asia Pacific Economic Cooperation in Manila on Nov. 18 and 19.

Foreign Undersecretary Lula del Rosario, chair of the APEC 2015 Senior Officials Meetings, which did all the vital spadework for the Foreign Ministers Meeting and the Leaders Meeting, gave two reasons why South China Sea is not in the agenda.

First, the South China Sea issue is political.

Second, South China Sea is not common to all APEC members.

APEC is an organization of Economies, not countries (That’s why Hongkong is member separate from China. So is Taiwan.) Started in 1989, APEC’s primary goal is to support sustainable economic growth and prosperity in the Asia-Pacific region.
Its 21 member economies are home to around 2.8 billion people and represent approximately 57 per cent of world GDP and 47 per cent of world trade in 2012.

UN Arbitral Panel Rules In Favor of the Philippines: Now What?

Published by Ellen on November 7, 2015

Former Foreign Secretary Roberto R. Romulo

By Roberto R. Romulo

Foreign Secretary Albert del Rosario’s dogged determination to pursue the South China Sea/West Philippine Sea dispute through the rule of law has proven his approach correct. The court ruled that the case was “properly constituted” under the United Nations Convention on the Law of the Sea, that China’s “non-appearance” (i.e., refusal to participate) did not preclude the Court’s jurisdiction, and that the Philippines was within its rights in filing the case.

In the period before the ruling, there was a lot of pressure on the Secretary to dial down his stance and seek accommodation with China. While China has insisted on resolving the issue on a bilateral basis, the Secretary has maintained that this would leave us at a disadvantage and that in the instances where we tried to open dialogue, China has been unresponsive. That said, now that our hand has been strengthened, the argument in favour of the merits of seeking a peaceful, managed resolution has I think become even more persuasive. However, the responsibility of how to respond to this challenge will now have to be made by the incoming Administration. Unfortunately, the sounds currently coming from presidential aspirants or supporters of the aspirants reveal a misunderstanding of what the case is all about, claiming victory for our sovereign rights over the area. They have to get up to speed on the issue and determine the best way forward to protect the national interest rather than engaging in just nationalistic rhetoric.

The U.N. Arbitral Tribunal decision on PH case vs China

Published by Ellen on November 1, 2015

No amount of China’s protestation that the Oct 29 decision of the United Nations Arbitral Tribunal is “null and void” and it has “no binding effect” on them, cancels the fact that it’s a major blow to them.

Filipinos, on the other hand, should understand that the U.N. Arbitral Court’s decision, although a win for the country, does not award the disputed islands and waters of Spratlys to the Philippines.

That’s precisely because that is not what the Philippines asked from the U.N. Arbitral Tribunal when it filed the case against China on Jan. 22, 2013.

Members of the Tribunal: Judge Thomas A. Mensah of Ghana, president; Judge Jean-Pierre Cot of France; Judge Stanislaw Pawlak of Poland; Professor Alfred Soons of the Netherlands; and Judge Rüdiger Wolfrum of Germany. — Members of the Tribunal: Judge Thomas A. Mensah of Ghana, president; Judge Jean-Pierre Cot of
France; Judge Stanislaw Pawlak of Poland; Professor Alfred Soons of the Netherlands; and Judge Rüdiger
Wolfrum of Germany.

China on UN Arbitral Court decision in favor of PH: null and void

Published by Ellen on October 30, 2015

Peace Palace which houses the Permanent Court of Arbitration

China is not honoring the decision of the United Nations Arbitral Court that it has jurisdiction on the case filed by the Philippines against them, China’s Ministry of Foreign Affairs said in a statement today.

China instead urged the Philippines to resolve the dispute through negotiations and consultations.

“The award rendered on 29 October 2015 by the Arbitral Tribunal established at the request of the Republic of the Philippines (hereinafter referred to as the “Arbitral Tribunal”) on jurisdiction and admissibility of the South China Sea arbitration is null and void, and has no binding effect on China,” the statement said.

On January 22, 2013, the Philippines asked the arbitral tribunal to rule on three basic issues: The validity of China’s nine-dash lines; Low tide elevations where China has built permanent structures should be declared as forming part of the Philippine Continental shelf; and That the waters outside the 12 nautical miles surrounding the Panatag Island (Scarbourough shoal) should be declared as part of the Philippines Exclusive Economic Zone.

China refused to participate in the proceedings saying the U.N. Court has no jurisdiction on the conflict.

UN court decides in favor of PH, takes jurisdiction in case vs China

Published by Ellen on October 30, 2015

The Philippines scored victory in its case against China in United Nations Arbitral Court, which ruled that it has jurisdiction to hear some territorial claims…

Why Pres. Aquino held back comments on U.S. warship foray into Subi Reef

Published by Ellen on October 29, 2015

Pres. Aquino at FOCAP. Photo by Rey Baniquet ,Malacañang.

In President Aquino’s talk with the Foreign Correspondents Association of the Philippines last Tuesday, about a third of the questions were about the challenge of the United States to China’s claim of sovereignty on the surrounding waters of its artificially-created islands in Spratlys in the South China Sea, which the Philippines also claims.

At the time of the FOCAP Forum, the U.S. guided-missile destroyer USS Lassen was sailing through within 12 nautical mile from Subi Reef’s man-made shores, according to reports by the U.S Navy.

The news reports which was known later, after the forum with the President, also sailed through Mischief Reef, occupied by the Chinese in 1994.

It is significant to note that Mischief Reef and Subi Reef are the nearest to Philippine shores of the eight features in the Spratlys occupied by the Chinese. Subi Reef is 26 kilometers away from Philippine–occupied island Pag-asa.

Taiwan’s take on PH suit vs China

Published by Ellen on July 8, 2015

Itu Aba, the biggest feature in Spratlys. Occupied by Taiwan.

The Republic of China (ROC) or Taiwan has its issue with mainland China (PROC-People’s Republic of China) but in matters of ownership of almost the whole of South China Sea, they have the same line.

In the statement released by Taiwan Tuesday, it asserted that Nansha islands also known as Spratly Islands; Shisha (Paracel) islands, Chungsha Islands Macclesfield Bank) and Tungsha (Pratas) Islands, as well as their surrounding waters, are an inherent part of ROC territory and waters.

“As the ROC enjoys all rights to these island groups and their surrounding waters in accordance with international law, the ROC government does not recognize any claim to sovereignty over, or occupation of, these areas by other countries, irrespective of the reasons put forward or methods used for such claim or occupation,” the statement said.

The President should know when to show off his knowledge of war history

Published by Ellen on June 4, 2015

President Aquino delivers his speech during the Nikkei 21st International Conference on the Future of Asia in Tokyo. Malacañang photo by Ryan Lim.

Much of the tension between China and the Philippines over the South China Sea territorial conflict would have been avoided if President Aquino knew when to keep his mouth shut.

In the 21st International Conference on the Future of Asia sponsored by Nikkei last Wednesday in Tokyo, Aquino was asked about the role of the United States in Asia in the midst of China’s maritime expansion, Aquino said American presence in Asia checks China’s expansionism. “Their presence becomes a factor that has to be contended with, with those who would perhaps push the envelopes as far as what the agreements entitle them to or not,” he said.

But he didn’t stop there.

PH offers Sabah to win Malaysia’s support for UN case vs China

Published by Ellen on March 30, 2015

By Tessa Jamandre,VERA Files

The Philippines has offered to downgrade its claim on Sabah in exchange for Malaysia’s support for its case against China before the United Nations.

The quid pro quo was contained in a note verbale the Department of Foreign Affairs handed to a representative of the Malaysian Embassy last week, a week after the visit of Malaysian Defense Minister Dato Seri Hishammuddin Tun Hussein.