The Philippines’ provocative president, Rodrigo Duterte, was courting controversy again this week, asserting casually on the sidelines of the ASEAN summit in Singapore that China was already in possession of the entire South China Sea.
The contested waters are home to more than 250 land features, variously claimed and occupied by countries including China and the Philippines.
On Friday, Philippine Chief Justice Antonio Carpio corrected the record.
“Factually, China is not in possession of the South China Sea,” Carpio was quoted by ABS-CBN news as saying during a speech.
“About 25% of the South China Sea are high seas. Under UNCLOS, no state can possess or own the high seas, which belong to all mankind. Under UNCLOS, there is freedom of navigation and overflight in the high seas for all nations,” he said, referring to the United Nations Convention on the Law of the Sea.
The territory that China does control accounts for “less than 8% of the total area of the South China Sea,” noted Carpio, who was one of the lawyers who represented Manila in the arbitration at The Hague challenging China’s South China Sea claims.
The back and forth between the two Philippine voices comes as member states of the Association of Southeast Asian Nations are caught between the competing interests of the United States and China, a reality that Singaporean President Lee Hsien Loong articulated this week.
It is “very desirable” for the bloc of Southeast Asian nations to avoid picking sides, but it may be inevitable for countries to “have to choose one or the other,” he said.
The 8% of the SCS occupied by China must mean China’s EEZ measured from the coast of China’s Hainand Island. The chief justice Antonio Carpio could not mean the articifcial islands built by China because those artificial islands are either in the high sea or in the EEZ of other countries. Besides, according to the UNCLOS, artificial islands have neither territorial waters nor EEZ.
The 8% of the SCS occupied by China must mean China’s EEZ measured from the coast of China’s Hainand Island. The chief justice Antonio Carpio could not mean the articifcial islands built by China because those artificial islands are either in the high sea or in the EEZ of other countries. Besides, according to the UNCLOS, artificial islands have neither territorial waters nor EEZ.
Perception Vs facts.
Perception Vs facts.
" Under UNCLOS, no state can possess or own the high seas, which belong to all mankind. "
Maritime law experts all over the world have concluded that UNCLOS does not address and therefore have no jurisdiction over maritime territory boundaries. There is no chapter, paragraph, sentence, clause nor word in UNCLOS that address this issue. Recall that china published an 11 dashed line in 1947 over the SCS and lodged this with the UN. No one complained. China would not have signed and rectified UNCLOS if it indeed have jurisdiction over maritime boundary delimitation.
There are international laws that deal with land and sea boundary delimitations and the proper venue to argue this out is the ICJ. But because these laws place emphasis on historical facts, seabed features (continental shelf as an example) and tenure of possession, the empire and the japs dared not bring this pinoy case to the ICJ. They knew they would lose for sure and they knew the chinese were just waiting for them to make this move.
Instead, they cobbled up the dog and pony show in a kangaroo court called the PCA tribunal. (The PCA a.k.a. Permanent Court of Arbitration is nothing more than a coffee shop venue for parties involved in a dispute to come to the negotiating table on their own FREE WILL to try to settle the dispute. The fact that it is also housed in the same building as the ICJ in The Hague bears no relationship to the ICJ whatsoever.) The entire panel of judges was picked and chosen by the japs and their empire masters. Therefore, it was no surprise that the chinese claim was totally rejected in july 2016.
In doing so, this kangaroo court also tried to modify the definition of an "island" feature by stating that even islands that can sustain human life with its own source of drinkable water and capability to cultivate food are no longer qualify as "islands". Simply taken, this means; singapore, hawaii, hainan, taiping, fiji, vanuatu, guam, etc, etc are no longer islands. They are uninhabitable pieces of waste lands.
The UN publicly disavowed any involvement in this dog and pony show. Needless to say, it has no legitimacy at all.
Chief justice "Crapio" was just talking crap with regard to the above.
" Under UNCLOS, no state can possess or own the high seas, which belong to all mankind. "
Maritime law experts all over the world have concluded that UNCLOS does not address and therefore have no jurisdiction over maritime territory boundaries. There is no chapter, paragraph, sentence, clause nor word in UNCLOS that address this issue. Recall that china published an 11 dashed line in 1947 over the SCS and lodged this with the UN. No one complained. China would not have signed and rectified UNCLOS if it indeed have jurisdiction over maritime boundary delimitation.
There are international laws that deal with land and sea boundary delimitations and the proper venue to argue this out is the ICJ. But because these laws place emphasis on historical facts, seabed features (continental shelf as an example) and tenure of possession, the empire and the japs dared not bring this pinoy case to the ICJ. They knew they would lose for sure and they knew the chinese were just waiting for them to make this move.
Instead, they cobbled up the dog and pony show in a kangaroo court called the PCA tribunal. (The PCA a.k.a. Permanent Court of Arbitration is nothing more than a coffee shop venue for parties involved in a dispute to come to the negotiating table on their own FREE WILL to try to settle the dispute. The fact that it is also housed in the same building as the ICJ in The Hague bears no relationship to the ICJ whatsoever.) The entire panel of judges was picked and chosen by the japs and their empire masters. Therefore, it was no surprise that the chinese claim was totally rejected in july 2016.
In doing so, this kangaroo court also tried to modify the definition of an "island" feature by stating that even islands that can sustain human life with its own source of drinkable water and capability to cultivate food are no longer qualify as "islands". Simply taken, this means; singapore, hawaii, hainan, taiping, fiji, vanuatu, guam, etc, etc are no longer islands. They are uninhabitable pieces of waste lands.
The UN publicly disavowed any involvement in this dog and pony show. Needless to say, it has no legitimacy at all.
Chief justice "Crapio" was just talking crap with regard to the above.
UNCLOS has nothing to do with territories. The UNCLOS did not provide the Philippines with legal bases to claim Spratly Islands & Scarborough Shoal. The Philippines violated the UN Resolution 2625 sending military forces to illegally occupy some of the islands in the Spratly Islands and militarized the South China Sea in 1971. Carpio knows all about this and just disguises his intentions.
UNCLOS has nothing to do with territories. The UNCLOS did not provide the Philippines with legal bases to claim Spratly Islands & Scarborough Shoal. The Philippines violated the UN Resolution 2625 sending military forces to illegally occupy some of the islands in the Spratly Islands and militarized the South China Sea in 1971. Carpio knows all about this and just disguises his intentions.
After all, China is a hyper power nation, should they intend to full control 100% of South China Sea’s water, nobody can challenge them.
After all, China is a hyper power nation, should they intend to full control 100% of South China Sea’s water, nobody can challenge them.
.
SCS is [NOT] the high seas…
SCS is a domain that lies well within the Chinese border. I.e., as in the the nine dash cow tongue https://www.tapatalk.com/groups/defense_philippines/vietnamese-women-nude-protest-against-china-39-s-3-t2578.html line?
Love’em don’t we?
Dumbbells and idiotic specues..
.
.
SCS is [NOT] the high seas…
SCS is a domain that lies well within the Chinese border. I.e., as in the the nine dash cow tongue https://www.tapatalk.com/groups/defense_philippines/vietnamese-women-nude-protest-against-china-39-s-3-t2578.html line?
Love’em don’t we?
Dumbbells and idiotic specues..
.
…and under the current leadership, Philippines is becoming China’s lapdog
…and under the current leadership, Philippines is becoming China’s lapdog
Nigel Edwards As opposed to the USA.
Nigel Edwards As opposed to the USA.
Kaye Sibal CHINA hasn’t been the aggressor yet?
Kaye Sibal CHINA hasn’t been the aggressor yet?
Not arguing that. But choose your poison carefully.
Not arguing that. But choose your poison carefully.
Jericho Remitio Why agianst? China can cooperate, it hasn’t done anything bad to the Philippines yet.
Jericho Remitio Why agianst? China can cooperate, it hasn’t done anything bad to the Philippines yet.
If that is true then why USA keep on pushing in the china’s backyard? the south china sea and china has nothing to do to stop USA. You had SAID THAT A COUNTRY MUST THINK TWICE TO HAVE A WAR AGAINTS CHINA BECAUSE CHINA POSESSES SOPHISTICATED WEAPONRY, NOW, THIS IS THE QUESTION,DO THEY HAVE THE CAPABILITY TO COUNTER AMERICAN WEAPONRY?AMERICAN WEAPONRY KNOWN FOR HAVING THE MOST ADVANCE WEAPON ON EARTH FAR BEHIND FROM HUMAN CALCULATION. CHINESE WESPONS ARE PUBLICLY REVEAL AND AMERICA HAS ALREADY COUNTER MEASURED.AMERICA HAS THOUSANDS SCIENTIST RECRUITED ANYWHERE IN THE WORLD PRIMARILY FOR WEAPONS. IN TRADE, NO COUNTRY IN THE WORLD CAN IMPOSE SANCTION TO ANY COUNTRY AS EASY AS AMERICA. NOW , EVEN CHINA AND RUSSIA WILL UNITE THE NUMBER OF THIER COMBAT AIRFORCE, IT HAS A SUM OF MORE OR LESS 7,OOO PLANES COMPARE TO AMERICA WHICH HAS ALMOST 15,OOO. ASIDE FROM NATO WHICH US HAD CREATED, THERE ARE US ALLIES ENTIRE THE SEVEN CONTINENT AND THOSE COUNTRIES ARE MILITARY POWERFUL AS CHINA FRANCE,THE UK ITALY, GERMANY AND OTHERS. HOW CHINA WILL WIN MR YOUNG?
If that is true then why USA keep on pushing in the china’s backyard? the south china sea and china has nothing to do to stop USA. You had SAID THAT A COUNTRY MUST THINK TWICE TO HAVE A WAR AGAINTS CHINA BECAUSE CHINA POSESSES SOPHISTICATED WEAPONRY, NOW, THIS IS THE QUESTION,DO THEY HAVE THE CAPABILITY TO COUNTER AMERICAN WEAPONRY?AMERICAN WEAPONRY KNOWN FOR HAVING THE MOST ADVANCE WEAPON ON EARTH FAR BEHIND FROM HUMAN CALCULATION. CHINESE WESPONS ARE PUBLICLY REVEAL AND AMERICA HAS ALREADY COUNTER MEASURED.AMERICA HAS THOUSANDS SCIENTIST RECRUITED ANYWHERE IN THE WORLD PRIMARILY FOR WEAPONS. IN TRADE, NO COUNTRY IN THE WORLD CAN IMPOSE SANCTION TO ANY COUNTRY AS EASY AS AMERICA. NOW , EVEN CHINA AND RUSSIA WILL UNITE THE NUMBER OF THIER COMBAT AIRFORCE, IT HAS A SUM OF MORE OR LESS 7,OOO PLANES COMPARE TO AMERICA WHICH HAS ALMOST 15,OOO. ASIDE FROM NATO WHICH US HAD CREATED, THERE ARE US ALLIES ENTIRE THE SEVEN CONTINENT AND THOSE COUNTRIES ARE MILITARY POWERFUL AS CHINA FRANCE,THE UK ITALY, GERMANY AND OTHERS. HOW CHINA WILL WIN MR YOUNG?
Robert Li, I believe you had two mistakes. One is the name of the court, which is called the Arbitral Tribunal, not the Permanent Court of Arbitration (PCA). Another is the plentiff which is the Philippines, not Japan.
The PCA was hired by the Arbitral Tribunal to look after paperwork, which led to being quoted as the court that had rendered the Award. If you would look into an official Chinese document here:
http://ca.china-embassy.org/eng/zt/cpot/t1381765.htm,
you will find both names the Arbitral Tribunal and the Philippines were used in the first few lines in the Chinese document.
Robert Li, I believe you had two mistakes. One is the name of the court, which is called the Arbitral Tribunal, not the Permanent Court of Arbitration (PCA). Another is the plentiff which is the Philippines, not Japan.
The PCA was hired by the Arbitral Tribunal to look after paperwork, which led to being quoted as the court that had rendered the Award. If you would look into an official Chinese document here:
http://ca.china-embassy.org/eng/zt/cpot/t1381765.htm,
you will find both names the Arbitral Tribunal and the Philippines were used in the first few lines in the Chinese document.
Steve Jiau: I think the UNCLOS does have something to do with marine territories. It gives 12 nm of the ocean to each maritime country as its territorial waters, and 200 nm as its EEZ (exclusive economic zone), and it designates the rest of the oceans as international territory or the high seas. The EEZ is the legal base for the Philippines to claim the Spratly islands and the Scarborough Shoal as its territory.
Steve Jiau: I think the UNCLOS does have something to do with marine territories. It gives 12 nm of the ocean to each maritime country as its territorial waters, and 200 nm as its EEZ (exclusive economic zone), and it designates the rest of the oceans as international territory or the high seas. The EEZ is the legal base for the Philippines to claim the Spratly islands and the Scarborough Shoal as its territory.
Wood Wu You better do studies on UNCLOS. The EEZ is ‘exclusive economic zone.’ It only relates to the economic issues. It has nothing to do with the territories. UNCLOS gives a country the right for resources in the sea and in the subsoil under the sea (continental shelf). However, it does not give a country any rights to the land features above the sea levels. If rocks, reefs are above high tides, they will not be governed by UNCLOS. If you can claim lands based on UNCLOS, then ROC (Taiwan) can claim all the small islands between Taiwan and Philippines and claim the southern parts of the islands of Ryukyu Islands.
Wood Wu You better do studies on UNCLOS. The EEZ is ‘exclusive economic zone.’ It only relates to the economic issues. It has nothing to do with the territories. UNCLOS gives a country the right for resources in the sea and in the subsoil under the sea (continental shelf). However, it does not give a country any rights to the land features above the sea levels. If rocks, reefs are above high tides, they will not be governed by UNCLOS. If you can claim lands based on UNCLOS, then ROC (Taiwan) can claim all the small islands between Taiwan and Philippines and claim the southern parts of the islands of Ryukyu Islands.
Ali Baba: Did you see the consequence from the 100% control of the SCS by China? The consequence is twofold. One is, all the other countries bordering on the sea will have no sea. As soon as their citizens step into the sea they have entered Chinese territory. Their fishermen will have no place to make a living, and their naval ships will remain permanently inside their harbour. And any farther countries cannot enter the SCS either.
Two is, other maritime countries might follow China’s example and claim their adjacent sea as their territory. One example is the Hawaii Islands. The US might claim several thousand miles of waters around theose islands as American territorial waters. The Philippines can do the same since they have 7000 islands in the SCS and the Pacific Ocean; and they might claim both the SCS and the Pacific Ocean for thousands of miles as their territory. Etc etc.
Ali Baba: Did you see the consequence from the 100% control of the SCS by China? The consequence is twofold. One is, all the other countries bordering on the sea will have no sea. As soon as their citizens step into the sea they have entered Chinese territory. Their fishermen will have no place to make a living, and their naval ships will remain permanently inside their harbour. And any farther countries cannot enter the SCS either.
Two is, other maritime countries might follow China’s example and claim their adjacent sea as their territory. One example is the Hawaii Islands. The US might claim several thousand miles of waters around theose islands as American territorial waters. The Philippines can do the same since they have 7000 islands in the SCS and the Pacific Ocean; and they might claim both the SCS and the Pacific Ocean for thousands of miles as their territory. Etc etc.
been fed with US poison for decades. try another one
been fed with US poison for decades. try another one
China is thousand miles away from the artificial islands, how can that island be theirs…how can our fishermen ask permission to fish in our own territory…
China is thousand miles away from the artificial islands, how can that island be theirs…how can our fishermen ask permission to fish in our own territory…
it’s very clear how China bully their neighbors…and our president now is just a new speaker of xi jinping…he should be punish for betraying his own people.
it’s very clear how China bully their neighbors…and our president now is just a new speaker of xi jinping…he should be punish for betraying his own people.
Without the suspected oil and gas deposits these debates are useless. All conflicting claims are based on economic expectations not on soveiregn claims. These people have bloated egos but empty on what is the ultimate good for the country. Du30 has 100% motive for the good of all.
Without the suspected oil and gas deposits these debates are useless. All conflicting claims are based on economic expectations not on soveiregn claims. These people have bloated egos but empty on what is the ultimate good for the country. Du30 has 100% motive for the good of all.
And whose lapdog are you?
And whose lapdog are you?
Steve Jiau then why china is owning the whole SCS and restricting our fishermen? why do they have to be fired water cannon? if we are in our EEZ, we have the right for its resources. i do not know if you know, that some of your navy men grabbed our fishermens’ catch for a expired noodles.
Steve Jiau then why china is owning the whole SCS and restricting our fishermen? why do they have to be fired water cannon? if we are in our EEZ, we have the right for its resources. i do not know if you know, that some of your navy men grabbed our fishermens’ catch for a expired noodles.
Samuel Clemens Can You tell me why the Philippines coast guard fired real bullets to Taiwan’s fishermen in Taiwan’ s EEZ and arrested China’s fishermen in Scarborough Shoal? The issues on the overlapping EEZ can be solved through dialogue, however, in the past, it is the Philippines that did not want to discuss the overlapping issues. Now Philippine’s fishermen can fish in Scarborough Shoal through dialogue.
Samuel Clemens Can You tell me why the Philippines coast guard fired real bullets to Taiwan’s fishermen in Taiwan’ s EEZ and arrested China’s fishermen in Scarborough Shoal? The issues on the overlapping EEZ can be solved through dialogue, however, in the past, it is the Philippines that did not want to discuss the overlapping issues. Now Philippine’s fishermen can fish in Scarborough Shoal through dialogue.
Nigel Edwards poison? Systemic o Contact?
Nigel Edwards poison? Systemic o Contact?