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Tag: 9-dash line

PH and China dispute to continue despite U.N. Tribunal case

By Ellen T Tordesillas and Tessa Jamandre, VERA Files

Permanent  Court of Arbitration, The Hague. The Arbitral Tribunal starts hearing today the case filed by the Philippines vs China in this building.
Permanent Court of Arbitration, The Hague. The Arbitral Tribunal starts hearing tomorrow the case filed by the Philippines vs China in this building.
Despite the presence of a high-level Philippine team at the hearing of the Philippines’ case against China before the Arbitral Tribunal of the United Nations Convention on the Law of the Sea (UNCLOS) this week, the issue of who owns the contested islands in the South China Sea will remain unresolved.

That’s because the Philippine team won’t be arguing its territorial claims, which are not under the jurisdiction of the Arbitral Tribunal in The Hague in the Netherlands.

“We are very confident that we can convince the court that this is not about ownership of land,” said former solicitor general now Supreme Court justice Francis Jardeleza, who is part of the Philippine team.

Instead, the Philippines merely wants the Tribunal, which interprets UNCLOS, to invalidate China’s 9-dash line claim over the South China Sea.

PH ignores China request to delay filing of Memorial vs 9-dash line

China's 9-dask line
China’s 9-dash line

By Ellen T. Tordesillas, VERA Files

Despite Chinese requests to delay it, the Philippines is filing on March 30 its memorandum challenging before the United Nations China’s territorial claims over the South China Sea.

The memorandum, called a Memorial in international law, will be filed with the Arbitral Tribunal of the United Nations Convention on the Law of the Sea (UNCLOS) at The Hague in the Netherlands, contesting China’s 9-dash line territorial rule.

Under the 9-dash line rule, China claims almost the whole of the South China Sea as part of its territory, but the Philippines and three other Southeast Asian nations are staking various claims to parts of the area.

Sources said the Chinese government had asked President Aquino through back channels to wait a little longer before filing the Memorial.

Bring China’s 9-dash line to UN: Justice Carpio

Justice Antonio Carpio
The Philippine claim on the islands in the South China Sea , now being called West Philippine Sea by Philippine authorities, could have been stronger had past administrations been more decisive about asserting our claims in the area that is being claimed wholly by China and Taiwan and partially by, aside from the Philippines, Vietnam, Malaysia, and Brunei.

In a speech of Supreme Court Justice Antonio T. Carpio at the 50th anniversary celebration of Ateneo de Davao University last Oct. 29 on “The Rule of Law as the Great Equalizer’, he mentioned two instances when the Philippines could have done something but did not to strengthen the Philippine claim over the area that spans hundreds of thousands square kilometers including 53 islets.

Justice Carpio’s speech in full:

The Rule of Law as the Great Equalizer by Justice Carpio

The first time was right after the Philippines became a signatory to the United Nations Convention on the Law of the Sea (UNCLOS) in 1982 and the other one was before China opted out in 2006 from the compulsory dispute settlement mechanism of UNCLOS.

China’s 9-dash line: map without coordinates

A map without coordinates
Although the two Chinese speakers in the recent forum on the South China Sea organized by the prestigious Carlos P. Romulo Foundation with the Institute of Asian Studies ,did not specifically mentioned their country’s nine-dash-line map in asserting the supremacy of their claim over the South China Sea, the subject surfaced several times in the one-and-a half days discussions.

While the Chinese speakers – Zhang Liangfu, first secretary of the Department of Boundary and Ocean Affairs of China’s Ministry of Foreign Affairs , and Chen Shiqiu , vice president of China UN Association and China Society of Human Rights Studies -skirted around the nine-dash-line map in asserting China’s claim over the South China Sea, parts of which are also being claimed by the Philippines, Vietnam, Malaysia and Brune with Taiwan making the same over-encompassing claim as China, other speakers were forthright about their criticism about map submitted by China to the United Nations Commission on the Limits of the Continental Shelf on May 7, 2009.

One speaker during the no-attribution session said the nine dash line map “can’t be justified.”