PH questions China’s 9-dash line map before UN court

By ELLEN TORDESILLAS, VERA Files

Del Rosario: China’s 9-dash line is unlawful

The Philippine government decided Tuesday to ask the United Nations arbitration tribunal to declare as illegal China’s nine-dash line map that covers a large part of country’s territory in the South China Sea including the disputed Spratlys group of islands and Bajo de Masinloc.

The decision was finalized in Tuesday’s National Security Council meeting, nine months after a standoff between China and Philippines at the Bajo de Masinloc, 124 nautical miles from Zambales in northwestern Philippines.

China has given notice to the Philippines that their three ships will stay permanently in the disputed rocks.

In a press briefing, Foreign Secretary Albert del Rosario said, “The Philippines has taken the step of bringing China before an Arbitral Tribunal under Article 287 and Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) in order to achieve a peaceful and durable solution to the dispute over the West Philippine Sea (WPS).”

Del Rosario said Chinese Ambassador Ma Keqing was summoned and handed a note verbale informing China of the Philippine decision and given a copy of the Statement of Claim submitted to the U.N.
[quote]

Statement of the Chinese Embassy in Manila:

On Jan 22nd , Ambassador Ma Keqing met upon request with Assistant Secretary of Department of Foreign Affairs of the Philippines Theresa Lasaro. The latter submitted the Note Verbale that the Philippines will initiate arbitral proceedings of South China Sea issue. Ambassador Ma reiterated the principled position of the Chinese side, that China has indisputable sovereignty over the islands in South China Sea and its adjacent waters. The Chinese side strongly holds the disputes on South China Sea should be settled by parties concerned through negotiations. This is also the consensus reached by parties concerned in the DOC(The Declaration on the Conduct of Parties in the South China Sea).

Del Rosario summarized the highlights of the 19-page Notification and Statement of Claim:

-The Philippines asserts that China’s so-called nine-dash line claim that encompasses virtually the entire South China Sea/West Philippine Sea is contrary to UNCLOS and thus unlawful.

-Within the maritime area encompassed by the 9-dash line, China has also laid claim to, occupied and built structures on certain submerged banks, reefs and low tide elevations that do not qualify as islands under UNCLOS, but are parts of the Philippine continental shelf, or the international seabed. In addition, China has occupied certain small, uninhabitable coral projections that are barely above water at high tide, and which are “rocks” under Article 121 (3) of UNCLOS.

-China has interfered with the lawful exercise by the Philippines of its rights within its legitimate maritime zones, as well as to the aforementioned features and their surrounding waters.

-The Philippines is conscious of China’s Declaration of August 25, 2008 under Article 298 of UNCLOS (regarding optional exceptions to the compulsory proceedings), and has avoided raising subjects or making claims that China has, by virtue of that Declaration, excluded from arbitral jurisdiction.

Del Rosario said the Philippines expects the U.N tribunal to declare “that China’s maritime claims in the SCS based on its so-called nine-dash line are contrary to UNCLOS and invalid” and require “that China desist from activities that violate the rights of the Philippines in its maritime domain in the West Philippine Sea.”

Del Rosario also said that the Philippines expect the tribunal to requires China to bring its domestic legislation into conformity with its obligations under UNCLOS and declare that “China’s rights in regard to maritime areas in the South China Sea, like the rights of the Philippines, are those that are established by UNCLOS.”

Solicitor General Francis H. Jardeleza is the agent or legal representative for the Philippines in the arbitral proceedings. The lead counsel of the Philippines is Paul Reichler of Foley and Hoag LLP.

January 23, 2013 12:18 am  Tags:   Posted in: Foreign Affairs, Vera Files

11 Responses

  1. chi - January 23, 2013 2:17 am

    Hay, salamat naman at nag-register ng complaint si Sec. del Rosario.

    Pinas should not ask any help from the US, it does not care what happen to our beloved country in any ways. Kahit sino pa ang sitting president ng US, help is not in the agenda especially when China is involved. Dami nilang utang, without China’s financial aid bankrupt na ‘merika.

  2. johnmarzan - January 23, 2013 11:57 am

    “Pinas should not ask any help from the US, it does not care what happen to our beloved country in any ways. Kahit sino pa ang sitting president ng US, help is not in the agenda especially when China is involved. Dami nilang utang, without China’s financial aid bankrupt na ‘merika.”

    if the U.S. is not obligated to help us, who’s going to help us?

  3. xman - January 23, 2013 12:51 pm

    China’s Expanding Maritime Claims

    https://www.youtube.com/watch?v=h0qXl1n3DNE&feature=player_embedded

  4. chi - January 23, 2013 9:40 pm

    US is definitely not “obligated” to help us, it’s just a projection to get what it wants from Pinas leadership. I still believe that only the UN could help and “obligated” to help Pinas on this matter.

    Ellen commented in a previous loop…

    ” The US told them not to send back their ships to Bajo de Masinloc.

    Due to length considerations (articles should not be more than 1,000 words), this part was deleted from my article:” In a July 5, 2012 cabinet meeting to get a consensus on the conflict with China prior to the July 9 45th Asean Ministerial Meeting in Phnom Penh, the “hawks” – those who want to send back the Coast Guard and Fisheries vessels to Bajo de Masinloc – won. Malacañang, however, did not send back the ships as the United States advised against it.”

    Is this the kind of help we need? Naging Bejo de Masinloc tuloy. -me

  5. johnmarzan - January 23, 2013 11:21 pm

    “US is definitely not “obligated” to help us, it’s just a projection to get what it wants from Pinas leadership. I still believe that only the UN could help and “obligated” to help Pinas on this matter.

    Is this the kind of help we need? Naging Bejo de Masinloc tuloy. -me”

    if you rely on the UN to help us, then nobody is going to help us. China has a seat in the UN security council and has veto power. good luck getting a consensus over there.

    i guess china knows the U.S. is bluffing with it’s focus on asia. the obama admin even plans more cuts in the military to pay for obamacare. that is why china is more brazen in it’s territorial grabbing.

  6. olan - January 24, 2013 12:33 pm

    My 2 cents…I like what pinas did to address this encroachment of china! Now I hope our government will take this opportunity to prepare and invest in its own people and trust their capability to build our own so that we can depend ourselves from this bully! No more make believe! We should be ready for anything that may come our way! If the Vietnamese made it against the French and Americans, so can we against anyone who think they can bully us just like that!

  7. johnmarzan - January 24, 2013 1:49 pm

    “If the Vietnamese made it against the French and Americans, so can we against anyone who think they can bully us just like that!”

    if it came to war, i don’t think china has any intention to put troops on the ground and occupy pinas. they’ll just carpet bomb manila, or worse… drop a nuclear bomb.

    the end result is they still get our territorial waters because wont dont have any navy to defend our waters.

  8. vic - January 24, 2013 8:07 pm

    Now for example, there are Countries who are making claims of the Northern Passage and the very wide swath or the North Pole. the Russian who already planted the symbolic claim Russian Flag at the bottom of the Nprth Pole Frozen northern passage. The Vikings or the Norwegians. And the Country Nearest to the Disputed Territory. The basis of the claim as I “read” in the News before the UN is the Continental Shelf underneath for which each country already had drawn and submitted. But to re-enforced the Claim, the current Govt. FIGURED OUTthat Canada Forces Must have the Presence over the disputed territory. Hence the acquisition of NewICEBREAKERS, and the The Squadrons of Long Range Fighter Bombers and Patrol Aircrafts. Otherwise the Russians will just say we have our FLAG FROZEN UNDERNEATH first before anyone. Let the Russians try that Chinese Trick. Canadians never known to back up in any Fight anywhere.

  9. Guido - January 27, 2013 12:34 pm

    do we have OIL yet to lure the US of A to get into the area? i am back Ms Ellen! How are you?

  10. Guido - January 27, 2013 12:35 pm

    Greetings Ms Chi! I miss this blogsite!

  11. Guido - January 27, 2013 12:35 pm

    How are you Mr VIC?

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