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Category: South China Sea

China’s critical study on South China Sea Arbitration Award

Months before the second anniversary of the Arbitral Tribunal’s decision on the case filed by the Philippines to nullify China’s nine-dash line map and other issues in the South China Sea, China commissioned a study which was completed in December 2017.

Published by Oxford University Press, “The South China Sea Arbitration Awards: A Critical Study” is an intimidating 548 page assertion by China of its ownership of the waters, reefs, shoals, rocks in the Spratlys as part of its claim over almost the whole of South China Sea.

Front page of study

Again, the risks of joint exploration in PH EEZ

A day after President Duterte talked about” joint exploration” and “co-ownership” with the Chinese last Feb. 28 in Marawi City, Presidential Spokesperson Harry Roque was with Karen Davila in ANC’s Headstart.

Presidential Spokesperson Harry Roque talks about joint exploration in PH EEZ with China in Headstart hosted by Karen Davila

Davila was following up this statement by Duterte: “Ngayon offer nila joint exploration, di parang co-ownership. Parang dalawa tayong may-ari niyan. Eh,di mas maganda,yan kaysa away. (Now their offer is joint exploration which is like co-ownership. It’s like both of us are owners. That good, better than fighting.)”

One Belt One Road:  Reviving PH-China Silk Road ties

Guangzhou, one foggy morning
Guangzhou, one foggy morning

GUANGZHOU,China –To underscore the ties that deeply bind the people of this bustling city and the Filipinos, Deputy Director General Luo Jun of Guangdong Province Foreign Affairs Office cites that the Manila-Guangzhou flight takes only one hour and 45 minutes, same as Manila-Davao, while Guangzhou to Beijing takes three hours.

The nearness of Manila to Guangzhou and to nearby provinces of Fujian and Shenzhen is very much relevant to the One Belt-One Road initiative, an ambitious project unveiled by Chinese President Xi Jinping in 2013 with an initial fund of $40 billion that will re-create the ancient Silk Route that connected China and Europe as far back as 100 B.C.

On May 14 and 15, 28 world leaders, including Russian President Vladimir Putin and President Rodrigo Duterte or their representatives will gather in Beijing to provide impetus to the project that is mindboggling in its scope and possibilities.

Recalling JMSU

JMSU map
JMSU map

The Joint Marine Seismic Undertaking, JMSU for short, is back in the news.

It was mentioned by former president Gloria Arroyo and her executive secretary, Eduardo Ermita, to stress that cooperation with China in South China Sea is possible during the launch of the book, “The Ocean Space or the Maritime Area of the Philippines,” a primer on the law of the sea, at the House of Representatives, where Arroyo is a currently a member.

The primer, published by the University of the Philippines, is timely at this time when the Philippines, under President Duterte has reconciled with China, in contrast to the toxic relations during the Aquino administration.
During the press conference Arroyo said, “The language, it was without prejudice to the filing of a protest. And since it was just a research survey, it does not affect the respective positions of the countries on issues related to the claim.”

How much did PH pay for foreign lawyers in case vs China?

(I did this article for VERA Files.)

The government paid $7 million in legal fees to the international team that gave the Philippines its landmark victory against China over the disputed features in the South China Sea, a member of the Philippine delegation to The Hague hearings said.

The source who asked for anonymity said the $7 million was a ceiling in lawyers’ fees the government of President Benigno Aquino III insisted on, having learned a costly lesson from the case against the Philippine International Air Terminals Co. (Piatco) where, under an open-ended agreement, the lawyers’ fees reached $65 million.

The Philippines was represented in the two-and-a half year litigation by Foley Hoag LLP. The case against China was filed with the Permanent Court of Arbitration in The Hague, Netherlands on January 22, 2013.

Counsel for the Philippines Paul S. Reichler. Photo from Permanent Court of Arbitration.
Counsel for the Philippines Paul S. Reichler. Photo from Permanent Court of Arbitration.

The $7 million (P328,996,500 at P47 to $1) was the third ceiling set, more than 65 per cent higher than the original contract fee of $4,212,000 agreed upon in December 2012 by then Solicitor General and now Supreme Court Associate Justice Francis Jardeleza and Paul S. Reichler of Foley Hoag.

PH authorities knew of Subi Reef lighthouse construction 5 years ago

Lighthouse on Subi Reef in South China Sea is not in use. Photo by Xing Guangli. Xinhua
Lighthouse on Subi Reef in South China Sea is not in use. Photo by Xing Guangli. Xinhua

China has started the operations of a lighthouse in Subi Reef, The Chinese news agency Xinhua reported Tuesday.

Xinhua said the 55-meter high lighthouse contains technology to monitor passing ships.

The Philippines should be very concerned.

China makes sure Jackson Atoll won’t be another Ayungin

Jackson Atoll, five coral islets surrounding a lagoon
Jackson Atoll, five coral islets surrounding a lagoon

The Chinese have not occupied Jackson Atoll (Philippine name is Quirino and Wufang Jiao in Chinese) in the Spratlys, as erroneously reported in Philippines media.

Not yet.

But the Chinese were there last December as related by the spokesman of the Chinese Foreign Ministry Hong Lei in his regular press briefing last March 2.

Hong said “At the end of the year 2015, a foreign vessel was grounded near Wufang Jiao of China’s Nansha islands. The owner of the vessel tried many times to tow it away but failed. He then decided to abandon the ship and dismantled and took away its main equipment. If the vessel was left aground for a long time, it might cause possible impediment to navigation safety and damage to the marine environment. Therefore, China Rescue and Salvage of Ministry of Transport recently sent salvage ships to tug the grounded vessel out of the shallow water for proper disposal. During the operation, the Chinese side advised fishing boats near the waters to stay away for navigation security and operation safety. The Chinese ships have returned after the operation.”

Water source crucial in determining status of Itu Aba (2)

Personnel measure the girth of trees on Taiping Island. Photo from Taiwan's Foreign ministry.
Personnel measure the girth of trees on Taiping Island. Photo from Taiwan’s Foreign ministry.

(Conclusion)

The issue of whether Itu Aba (also known by its Chinese name “Taiping” and Philippine name “Ligaw”) is an island or a rock has become a battle of experts.

In the hearing at The Hague last Nov 30 on the Philippine suit against China’s nine-dash-line and constructions in submerged maritime features in the Spratlys, the American lawyer of the Philippines, Paul Reichler, presented a 1994 study which was the result of a botanical expedition funded by the Republic of China (Taiwan)’s Council of Agriculture, Executive Yuan.

Reichler quoted from the study which stated: “The underground water is salty and unusable for drinking.”

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

Itu Aba. Photo by AMTI.CSIS.org
Itu Aba. Photo by AMTI.CSIS.org

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

APEC 2015 logo
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.