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Tag: UNCLOS

Veteran diplomat’s advice to PH re UN case vs China: ‘Stop off-tangent remarks’

By LauroL.Baja, Jr., VERA Files

Baja at the UN
The Philippines has finally brought to the compulsory dispute mechanism of the United Nations Convention on the Law of the Sea (UNCLOS) its conflict with China over some areas in the West Philippine Sea. Finally, because many believe that this action should have been done before 25 August 2006, when China declared “it does not accept any of the procedure provided for in section 2 of Part V of the Convention referred to in paragraph (a) (b) and (c) of Article 298 of the Convention.”

Be that as it may, we should accept and support the wisdom and circumstances which led the Philippines to file the case with the Arbitral Tribunal. Views on why only now, why the Arbitral Tribunal, and why file it all, should now focus on how best to contend with China’s possible defense that the dispute is subject to its reservations.

Update: China opposes taking sea disputes to UN

That we filed the case is not yet an achievement and we should be fully prepared and persevere just in case proceedings start.

China’s occupation of Bajo de Masinloc gave PH no choice but go to U.N.

Two of three Chinese fishing vessels at Bajo de Masinloc
So far, all that Beijing has said of the Philippines’ suit asking the United Nations to declare as illegal its nine-dash-line map is that it “will complicate the issue.”

China reiterated its earlier denunciation of the Philippines’ “illegal occupation” of some islands in the South China Sea, referred to in the Philippines as “West Philippine Sea.”

Sources with contact in Beijing said China’s Foreign Ministry was “stunned” that the Philippines pushed through what they have been talking about for almost two years now.

Coming full circle in one year


VERA Files
started with Spratlys, baseline and extended continental shelf. One year after, it’s again Spratlys, baseline and extended continental shelf.

On March 25 last year VERA Files came out with a two-part special report on the government’s scrambling to meet the deadline set by the United Nations for the submission of the Philippine claim of its extended continental shelf, the underwater extension of the land.

The deadline set by the Convention of the Law of the Sea, which the Philippines ratified 24 years ago, for coastal states to declare their extended continental shelf is May 13, 2009.

RP to initiate border talks

Related story: China sends large patrol boat to Spratly islands

by Tessa Jamandre
VERA Files

The Philippines will soon initiate border talks with its neighbors and finally confront territorial issues it has long avoided, the most contentious being the dispute with Malaysia over Sabah, now that President Gloria Macapagal-Arroyo has signed the Philippine Archipelagic Baseline Law.

The Baseline Law defines the limits of Philippine territory. It is these limits that will determine the country’s extended continental shelf, which is believed to contain substantial amounts of oil, natural gas, minerals and polymetals.

The Philippines has less than two months to beat the May 13, 2009 deadline for the submission of its claim over the extended continental shelf before the United Nations Commission on the Limits of the Continental Shelf (CLCS). The UN body, however, will not rule on a claim if it involves disputed territory.

Ermita’s Sabah memo

When Gloria Arroyo’s “special envoys” to Malaysia, minus National Security Adviser Norberto Gonzales, met with Prime Minister Abdullah Badawi in Kuala Lumpur yesterday, did they also discuss Sabah?

I’m curious because last Aug. 20, two weeks after the aborted signing of the Malaysian-brokered Memorandum of Agreement on Ancestral Domain between the Philippine government and the Moro Islamic Liberation Front, Executive Secretary Eduardo Ermita issued Memorandum Circular 612 titled “Guidelines on Matters Pertaining to North Borneo (Sabah)”

The memo gives four instructions: