Posts Tagged ‘Permanent Court of Arbitration’

South China Sea: Philippine Foreign Minister Defends Chinese Presence in Philippine Waters — Urges mutual trust with Beijing

August 16, 2017
Philippine Foreign Affairs Secretary Alan Peter Cayetano gestures during a news conference following the conclusion of the 50th ASEAN Foreign Ministers Meeting and Related Meetings Tuesday Aug. 8, 2017 at the Philippine International Convention Center in Manila, Philippines. AP/Bullit Marquez

MANILA, Philippines — The Philippines’ top diplomat justified the reported presence of Chinese ships near Pag-asa Island in Palawan, stressing that the country should develop mutual trust with Beijing.

Rep. Gary Alejano of party-list group Magdalo earlier said that China has deployed two frigates, one Coast Guard vessel and two large fishing vessels one to three nautical miles north of Pag-asa Island.

READ: China ships massing near Pag-asa sandbars?

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File photo

Pag-asa, a fifth class municipality in Palawan, is the second biggest island in the Spratly Islands next to the Taiwanese-occupied Itu Aba.

Foreign Secretary Alan Peter Cayetano said that China should not be regarded as an enemy.

“Why were we not concerned about the US doing freedom of navigation, ang lalaki ng ships nila. You know why? Kasi they’re our allies so if we keep looking at China as the enemy, every time na may movement sila masyado tayong nag-re-react,” Cayetano said.

Cayetano added that the Philippines should instead ask China for an explanation regarding their presence instead of being alarmed.

On the other hand, Alejano called on the Duterte administration to ask China to order their ships away from Pag-asa Island and file a diplomatic protest against China.

“I call on the Philippine government officials to be transparent in what is happening in West Philippine Sea. We must assert our rights in the midst of talks with China,” Alejano said.

The foreign ministers of the member states of the Association of Southeast Asian Nations, under the leadership of Cayetano, earlier released a joint communique emphasizing the importance of self-restraint and non-militarization in the conduct of activities in the South China Sea.

Cayetano, however, admitted that he did not want to initially include “land reclamation” in the statement as Beijing supposedly stopped its land-filling activities in the region.

RELATED: Photos disprove China’s claim of halting land reclamation

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Deepsea Metro I

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Chinese H-6 bomber

 (Is the Philippines just a pawn for China now?)

The ONLY TRULY JOYFUL FACES at the ASEAN conference were provided by North Korean Foreign Minister Ri Yong Ho, left, and his Chinese counterpart Wang Yi.  (AP Photo/Bullit Marquez)

 

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

South China Sea: Vietnam Forced To End Oil Drilling Due to China’s Pressure

August 16, 2017
THE drilling ship at the centre of a row between Vietnam and China over oil prospecting in disputed waters in the South China Sea has arrived in waters off the Malaysian port of Labuan, shipping data showed today.

PUBLISHED: 09:50, Mon, Aug 14, 2017 | UPDATED: 10:00, Mon, Aug 14, 2017

A tumultuous history of the South China Sea dispute

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Drilling by the Deepsea Metro I ship was suspended in Vietnam’s Block 136/3 last month after pressure from , which says the concession operated by Spain’s Repsol overlaps the vast majority of the waterway that it claims as its own.

The ship, used by Norway’s Odfjell Drilling Ltd., was reported to be in Labuan at 9.17am (0117 GMT). It was last recorded at the drilling site on July 30.

Odfjell Drilling did not respond immediately to a request for comment.

Xi Jinping, Vietnam flag and Deepsea Metro I shipGETTY/ODFJELL DRILLING

Drilling ship at centre of row between China and Vietnam has arrived at the Malaysian port of Labuan

The row over the drilling inflamed tensions between Vietnam and China, whose claims in the South China Sea are disputed by five Southeast Asian countries.

Repsol said last month that drilling had been suspended after the company spent $27 million on the well. Co-owners of the block are Vietnam’s state oil firm and Mubadala Development Co of the United Arab Emirates.

The block lies inside the U-shaped “nine-dash line” that marks the area that China claims in the sea.

China had urged a halt to the exploration work and a diplomatic source with direct knowledge of the situation said that the decision to suspend drilling was taken after a Vietnamese delegation visited Beijing.

Oil workersGETTY STOCK IMAGE

Drilling was suspended after pressure from China

Deepsea Metro I shipODFJELL DRILLING

Deepsea Metro I ship used by Norway’s Odfjell Drilling Ltd

Vietnam has never confirmed that drilling started or that it was suspended, but last month defended its right to explore in the area.

Vietnam has emerged as the most vocal opponent of Chinese claims in the South China Sea, where more than $3 trillion in cargo passes every year, and China was also angered by Vietnam’s stand at a regional meeting last week.Vietnam held out for language that noted concern about island-building and criticised militarisation in South China Sea in the communique from foreign ministers of the Association of South East Asian Nations (ASEAN).

http://www.express.co.uk/news/world/840774/china-vietnam-row-oil-ship-deepsea-metro-I-malaysia

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Deepsea Metro I

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Chinese H-6 bomber

 (Is the Philippines just a pawn for China now?)

The ONLY TRULY JOYFUL FACES at the ASEAN conference were provided by North Korean Foreign Minister Ri Yong Ho, left, and his Chinese counterpart Wang Yi.  (AP Photo/Bullit Marquez)

 

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

South China Sea: U.S. vows to challenge excessive sea claims

August 14, 2017
Saying it is not about any particular country or about making a political statement, the United States has stressed that it will invoke freedom of navigation and challenge excessive maritime claims anywhere in the globe. AP/Gregory Bull, File

MANILA, Philippines –  Saying it is not about any particular country or about making a political statement, the United States has stressed that it will invoke freedom of navigation and challenge excessive maritime claims anywhere in the globe.

In a recent press briefing in Washington, US State Department spokesperson Heather Nauert said US forces operate in the Asia-Pacific region, including the South China Sea, on a daily basis under a comprehensive freedom of navigation program (FONOP).

She explained that the operations, conducted in accordance with international law, are meant to demonstrate that the US will continue to fly, sail and operate “wherever international law allows.”

“It’s true in the South China Sea; it’s true in other places around the world as well,” Nauert said.

A US Navy destroyer carried out a “freedom of navigation operation” on Thursday, coming within 12 nautical miles of an artificial island built up by China in the South China Sea.

The USS John S. McCain traveled close to Mischief or Panganiban Reef in the Spratly Islands, among a string of islets, reefs and shoals.

Slamming the FONOP, the Chinese armed forces immediately sent naval ships to identify and verify the US warship and warned it to leave.

The United Nations-backed Permanent Arbitration Court in The Hague had awarded the Philippines “sovereign rights” over Panganiban Reef off Palawan, based on the UN Convention on the Law of the Sea.

The court ruling last year also invalidated China’s entire “nine-dash-line” claims over nearly all of the South China Sea. Beijing has ignored the ruling despite having ratified UNCLOS.

“We have a comprehensive freedom of navigation operations program, under which the US forces challenge excessive maritime claims around the globe to demonstrate our commitment to uphold the rights, freedoms and uses of the sea and airspace guaranteed to all nations under international law. All nations —that is guaranteed to the United States and to other nations, as well,” Nauert added.

The FONOP, she said, is not about any one country and is not about making a political statement.

Last year, the US conducted these challenging excessive maritime claims in 22 different coastal states, including claims of allies and partners.

“The United States does these operations – the freedom of navigation operations – all around the world, many times of year,” Nauert said. “But this is nothing new. We’ve done it before; we’ll continue to do that.”

The US acknowledged on Thursday that the Association of Southeast Asian Nations (ASEAN) was under “tremendous” pressure on the South China Sea issues during the meetings in Manila last week but the regional bloc still “held on to its principles,” defeating attempts to drop “militarization,” “self-restraint” and “land reclamation” from the joint communiqué at the end of the milestone gathering.

http://www.philstar.com/headlines/2017/08/14/1728684/us-vows-challenge-excessive-sea-claims

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 (Is the Philippines just a pawn for China now?)

The ONLY TRULY JOYFUL FACES at the ASEAN conference were provided by North Korean Foreign Minister Ri Yong Ho, left, and his Chinese counterpart Wang Yi.  (AP Photo/Bullit Marquez)

 

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

The Philippines Chinese News Service

August 12, 2017
 / 05:28 AM August 11, 2017

The Philippine News Agency, the government news wire service run by the Presidential Communications Operations Office, made an outrageous mistake over the weekend: It published a commentary from Xinhua, the Chinese state-run news operation, that criticized the arbitral ruling won by the Philippines against China. After a belated storm surge of criticism, the opinion piece by a Chinese commentator was taken down on Wednesday.

PCOO Secretary Martin Andanar then took PNA to task, issuing a memo directing agency officials “to explain in writing why they should not be held liable for any administrative charges.” He added: “We will take appropriate action against liable PNA officials and/or staff if they are found to commit negligence in carrying out their duties and responsibilities.”

The negligence angle is based on the assumption that the posting of the commentary was essentially an editing error—a failure to catch, and then remove, the anti-Philippine passages in the piece. Andanar himself suggested as much: “Most commentaries of Xinhua News Agency reflect China’s position on certain issues,” he said. “Thus, all reposts from Xinhua and all other partner news agencies for that matter should undergo scrutiny and must be subject to discernment by PNA prior to reposting them.”

This lack of due scrutiny, this failure of discernment, resulted in the disturbing spectacle of an official Philippine government institution allowing the government of another country, its adversary in an important case in international law, to undermine the landmark legal victory achieved by the Philippines.

The part of the commentary that proved most offensive to Filipinos worried about Chinese aggression in the South China Sea was this paragraph: “More than one year after an ill-founded award at a South China Sea arbitration unilaterally delivered by an ad hoc tribunal in The Hague, the situation in the South China Sea has stabilized and improved thanks to the wisdom and sincerity of China and the parties concerned.”

This is wrong on so many levels. The ruling, or “award,” was not in fact ill-founded but very carefully considered; the case was “unilateral” (China did not take part in the process—this is what the commenter must have meant) only because the Chinese conducted a long-term campaign, even though they were in fact signatories to the UN Convention on the Law of the Sea which provided for arbitration, to delegitimize the arbitral tribunal. The tribunal was “ad hoc” in the sense that it was constituted specifically for the case (because the rules required it), but it worked according to established protocols and discharged the duty of the Permanent Court of Arbitration. The situation in the South China Sea is not “stabilized”—it has only reached a condition, with continuing reclamation and construction and the increased presence of the Chinese coast guard, that is favorable to the Chinese. The very “sincerity” of China is disputed, including by diplomats from the Association of Southeast Asian Nations; the “wisdom” of small countries entering into bilateral negotiations with the largest economic and military power in the region is under question.

But does negligence in fact explain the publication of the offensive commentary? A closer read reveals that the controversial passage reflects the stated or implied policy of the Duterte administration to the issue of Chinese expansionism in the South China Sea. As far as we can tell, the administration has not yet called the very nature of the ruling ill-founded. But everything else in that paragraph has been announced or suggested by the President or either of his two foreign secretaries. In fact, at the close of the Asean ministerial meeting this week, Secretary Alan Peter Cayetano declared that the Chinese had stopped their reclamation and construction projects in the disputed areas. The evidence says otherwise.

The question then: Did the PNA website inadvertently speak for the adversary in an ongoing dispute, or did it in fact, wittingly or unwittingly, reflect official government policy?

Read more: http://opinion.inquirer.net/106258/speaking-for-the-adversary#ixzz4pWpPCUiP
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

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 (Is the Philippines just a pawn for China now?)

The ONLY TRULY JOYFUL FACES at the ASEAN conference were provided by North Korean Foreign Minister Ri Yong Ho, left, and his Chinese counterpart Wang Yi.  (AP Photo/Bullit Marquez)

 

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

South China Sea: Why the contested waterway is so strategically important.

August 11, 2017

The South China Sea has long been a source of territorial disputes between several Asian countries. DW takes a look at who owns what, and why the contested waterway is so strategically important.

Südchinesisches Meer Spratly-Inseln (Reuters/E. de Castro)

Who is claiming territory?

China, Brunei, Vietnam, the Philippines, Malaysia and Taiwan have overlapping claims to the South China Sea – one of the most important trade routes in the world.

Powerhouse China has the biggest claim by far. It has demarcated an extensive area of the sea with a so-called “nine-dash line” that first appeared on Chinese maps in the late 1940s. The Paracel and Spratly Island chains, as well as dozens of rocky outcrops and reefs, fall within this area. These bits of land are highly contested, mainly because they are believed to be surrounded by large oil and gas deposits.

The Spratly Islands, for example, are claimed in full by China, Taiwan, and Vietnam, and in part by Malaysia and the Philippines. The Paracel chain is claimed by Vietnam, China and Taiwan.

Graphic showing Chinese claims and disputed islands in the South China Sea

These competing claimants argue that China’s self-crafted line is unlawful because it appears to extend far beyond the limits set by the United Nations Convention on the Law of the Sea (UNCLOS), which gives states an exclusive economic zone (EEZ) up to 200 nautical miles from their coastline. Although other nations can pass through, states have sole rights over all natural resources in their EEZ. They only have full sovereignty in territorial waters 12 nautical miles from their coastline.

Vietnam, the Philippines and Taiwan have carried out significant construction on the islands they claim. In recent years, China has also sought to bolster its territorial control by building on the Paracel and Spratly archipelagos. Satellite images from the Center for Strategic and International Studies (CSIS) show that Beijing has taken significant steps to militarize the islands, equipping them with runways, ports, radar facilities, anti-aircraft guns and weapons systems.

US destroyer in the South China Sea

The United States has challenged China’s territorial claims by sailing close to disputed islands

Why is the sea important?

An escalation in the conflict over territory in the South China Sea could have global consequences, given that more than $5 trillion (4.25 trillion euros) in traded goods and a third of all maritime traffic worldwide passes through its waters each year.

The sea covers about 3,500,000 square kilometers (1,400,000 square miles) and is a main route connecting Pacific and Indian Ocean ports.

According to the US Energy Information Administration, about 80 percent of China’s oil imports pass through the South China Sea via the Malacca Strait. Roughly two thirds of South Korea’s energy supplies, as well as nearly 60 percent of energy supplies for Japan and Taiwan follow the same route.

The waters are also lucrative fishing grounds, providing the main source of animal protein for densely populated Southeast Asia. And its floor is also believed to contain massive, mostly untapped reserves of oil and natural gas.

Graphic showing oil and gas in the South China Sea

The role of China and the US

If China secures more territorial control in the region, it could potentially disrupt shipments to other countries, as well as secure huge oil and gas reserves, thus easing its reliance on the narrow Strait of Malacca for its energy needs.

It could also potentially deny access to foreign military forces, such as the United States. The US has maintained that the South China Sea is international water, and that sovereignty in the area should be determined by the UNCLOS.

Washington has been critical of China’s island constructions, and from time to time sends military ships and planes near disputed areas as part of so-called “freedom of navigation” operations. These actions are seen as attempts to reassure allies in the region, such as the Philippines, and to ensure access to key shipping and air routes remain open.China's Liaoning aircraft carrier (imago/Xinhua)

http://www.dw.com/en/south-china-sea-what-you-need-to-know/a-40054470

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 (Is the Philippines just a pawn for China now?)

The ONLY TRULY JOYFUL FACES at the ASEAN conference were provided by North Korean Foreign Minister Ri Yong Ho, left, and his Chinese counterpart Wang Yi.  (AP Photo/Bullit Marquez)

 

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

Philippines: No reports of island building in disputed sea prior to ASEAN meeting

August 11, 2017
ASEAN Foreign Ministers and their dialogue partners attend the 24th ASEAN Regional Forum in Manila, Philippines on Monday August 7, 2017. The U.S., Australian and Japanese foreign ministers called Monday for a halt to land reclamation and military actions in the South China Sea and compliance with an arbitration ruling that invalidated China’s vast claims to the disputed waters. Mark Cristino/Pool Photo via AP

MANILA, Philippines — The Philippines on Friday stressed that it has not received reports of China’s recent land reclamation activities in the South China Sea prior to the ASEAN Ministerial Meeting (AMM) in Manila.

The statement came after a Washington-based think tank released satellite imagery that Beijing has not stopped reclaiming features in the contested waters.

“While there have been land reclamation activities that have taken place in the Paracels in the previous months based on the AMTI (Asia Maritime Transparency Initiative) report, the same report did not indicate that such activity was taking place just prior to the AMM,” the Department of Foreign Affairs (DFA) said in a statement.

The department assured the public that such reports will be carefully studied, verified and handled accordingly.

READ: Photos disprove China’s claim of halting land reclamation

Presidential spokesperson Ernesto Abella also said that the reports should be verified for accuracy to preserve the trust and confidence among all disputants in the South China Sea, West Philippine Sea and the North Natuna Seas.

“The continuing reclamation and militarization of disputed territories in the waters, if the report from a Washington-based think tank are accurate, these can be taken up by the ASEAN in future discussions. We defer to ASEAN,” Abella said.

Foreign Affairs Secretary Alan Peter Cayetano earlier revealed that he did not want to include “land reclamation” in the ASEAN joint communique because Beijing had stopped land-filling.

READ: Philippines admits wanting land reclamation, militarization out of ASEAN communique

Chinese Foreign Minister Wang Yi also claimed that China had stopped reclaiming in the South China Sea two years ago.

The AMTI report released earlier this week disproved Cayetano and Wang’s statements as it showed Beijing’s dredging and reclamation activities in the Paracel Islands.

In defense of Cayetano, the DFA said that his statement regarding China’s land reclamation activities must be taken “in its full context.”

“In describing the process of discussions during the AMM, the Secretary noted that each ASEAN Member State goes into the talks with both their own national perspectives and the larger regional interest in mind,” the DFA statement read.

The DFA stressed that the position of the Philippines is to always reflect the current situation in the disputed West Philippine Sea. The foreign policy of the country must always be considered, which is to not surrender a single inch of Philippine territory.

“As Chair of the ASEAN Ministerial Meeting, the Philippines’ primary goal was to ensure that the Joint Communique reflected the interests of the region and the ASEAN consensus,” the DFA said.

READ: ASEAN stresses self-restraint, non-militarization in South China Sea

http://www.philstar.com/headlines/2017/08/11/1727926/philippines-no-reports-island-building-disputed-sea-prior-asean-meeting

Related:

 (Is the Philippines just a pawn for China now?)

The ONLY TRULY JOYFUL FACES at the ASEAN conference were provided by North Korean Foreign Minister Ri Yong Ho, left, and his Chinese counterpart Wang Yi.  (AP Photo/Bullit Marquez)

 

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

Philippine News Agency Criticized For Using Xinhua Article On South China Sea Dispute

August 9, 2017
Originally by Chinese news wire agency Xinhua, the story – titled “Time to turn a new leaf on South China Sea issue” – was released on the PNA website on Sunday. File

MANILA, Philippines – The Philippine News Agency (PNA) is in hot water anew after it released an article that appears to side with China on the South China Sea issue.

Originally by Chinese news wire agency Xinhua, the story – titled “Time to turn a new leaf on South China Sea issue” – was released on the PNA website on Sunday.

It focused on China’s supposed commitment to improving the situation in the South China Sea, at one point calling the ruling of the Permanent Court of Arbitration on the Philippine case “ill-founded.”

The commentary noted that China and the Association of Southeast Asian Nations (ASEAN) signed the 2002 Declaration on the Conduct of Parties in the South China Sea to “directly resolve their territorial and jurisdictional disputes through peaceful means.”

“More than one year after an ill-founded award at a South China Sea arbitration unilaterally delivered by an ad hoc tribunal in The Hague, the situation in the South China Sea has stabilized and improved thanks to the wisdom and sincerity of China and the parties concerned,” the article read, referring to the ruling that voided Beijing’s claims over the whole of the South China Sea by affirming the Philippines’ maritime entitlements.

“China always respects the freedom of navigation and overflight in the South China Sea in compliance with international law, but it should by no means be used as an excuse by certain countries outside the region to stir up trouble,” it added.

President Duterte has expressed willingness to temporarily set aside the ruling to improve the Philippines’ ties with China. But he promised to bring up the tribunal’s decision before Chinese leaders within his term.

PNA has since taken down the article, although it is still available through the Google web cache (https://goo.gl/KpXAmT).

Netizens immediately criticized PNA for releasing the story, questioning the state-funded agency for supposedly being a mouthpiece of China.

“What’s this? This must be a mistake! PNA becoming a mouthpiece of China? PNA criticizing in effect tribunal ruling in favor of PH?!” former Cabinet official and Parañaque representative Roilo Golez said on Twitter.

“Is PNA funded by China now? It looks like it is now,” another added.

Presidential Communications Operations Office Secretary Martin Andanar said he has asked PNAofficials to explain why they should not face administrative charges for posting the Xinhua commentary.

“We have already sent a (memorandum) to PNA to explain in writing why they should not be held liable for any administrative charges,” Andanar said in a statement.

“We will take appropriate action against liable PNA officials and/or staff, if they are found to commit negligence in carrying out their duties and responsibilities,” he added.

http://www.philstar.com:8080/headlines/2017/08/10/1727360/pna-hit-posting-pro-china-article-sea-row

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

Hurrah for Vietnam, the country with cojones

August 9, 2017

Image may contain: 3 people, people standing and suit

VIETNAM PROVIDED THE ONLY REAL DRAMA at the ASEAN conference. Here, Vietnam Foreign Minister Pham Binh Minh (at left in blue) is the only one brave enough to challenge China at the ASEAN conference in the Philippines, August 5, 2017. At right, Philippine Foreign Secretary Alan Peter Cayetano tries to write language that Vietnam can agree to. POOL photo

Hurrah for Vietnam, the country with cojones. You can understand why the Vietnamese have defeated every powerful country that invaded or attacked a land that produced courageous patriots like Ho Chi Minh and Vo Nguyen Giap. In their victories, the Vietnamese didn’t even have any help from the United Nations or any UN-supported court.

These days Vietnam is taking on its giant neighbor, practically all by itself in a sea of compliant Chinese satellites in Southeast Asia. Given the history of Vietnam, it’s doubtful that it will be deterred by the lack of support for its maritime territorial cause from its fellow members in the Association of Southeast Asian Nations led by the current holder of the revolving chair, the Philippines.

Perhaps if Vietnam also filed a case against China before the UN-backed Permanent Arbitration Court in The Hague, international support may be mustered for the implementation of the PAC ruling last year that invalidated Beijing’s claim over nearly all of the South China Sea.

The Philippines, the clear winner in last year’s landmark ruling, should have taken the lead role in rallying international support for compliance with the PAC ruling. Beijing, after all, can be reasonable and has implemented reforms in the past to comply with global rules. Any nation that wants respect on the world stage cannot thumb its nose at international rules, especially those it has itself ratified, such as the UN Convention on the Law of the Sea (UNCLOS).

Instead the Philippines, under the current leadership, has decided to set aside the ruling as a way of poking critics in the eye – notably those condemning its human rights record such as the UN, the European Commission and the US (under the Obama administration).

President Duterte then announced a pivot to US rival China. So far, by his own admission, he’s finding it difficult to get even his own loyal military forces to go along with his pivot and turn their backs on treaty ally the United States.

This is especially difficult when the troops see the Chinese rapidly constructing artificial islands all over the South China Sea – including areas specifically awarded by the arbitral court to the Philippines such as Panganiban or Mischief Reef off Palawan. Now the islands are being equipped for military purposes. You have to be blind or high on banned substances not to see this happening.

The Armed Forces of the Philippines is tasked with external defense, which includes protecting Philippine maritime territory. The Chinese island-building and militarization pose problems for the AFP that the commander-in-chief cannot ignore.

Duterte has often expressed regret at having to send AFP members to possible death in Marawi and other conflict zones in Mindanao. Government troops like this President because they can sense that he genuinely grasps the gravity of asking soldiers to be ready to die for their country.

But the President should put his ears closer to the ground at AFP and defense department headquarters at Camp Aguinaldo. There he can hear grumblings about his seeming failure to grasp the threat that soldiers may have to confront one day in the South China Sea – specifically, in the area awarded to the country under UNCLOS as exclusive economic zones, which we call the West Philippine Sea.

* * *

This does not mean that warmer ties with the world’s second largest economy aren’t welcome. President Duterte deserves credit for this.

China is among the oldest friends of the Philippines; the two countries are linked not just by historical, cultural and economic bonds but also blood ties. I am just one of millions of Filipinos with ancestral roots in southern China.

For friendship to endure, however, it must be anchored on mutual respect. There is no respect in encroaching on your neighbor’s territory, which any map will show is way beyond your part of the planet. You don’t even need the UNCLOS for this; good neighbors know where to set reasonable boundaries.

Even President Duterte is aware of the importance of international rules, at least when it comes to trade.

Duterte has emphasized that he is not junking the PAC ruling, but merely waiting for the right time to bring it up with Beijing. For now, he prefers to focus on mending fences first with China and expanding cooperation in many other areas such as fighting the drug menace and terrorism as well as improving public works infrastructure.

It’s a sound approach for dealing with the “face”-sensitive, nationalistic Chinese after the arbitral court ruling.

But the President will have to present to the nation soon some positive consequence of his government’s rapprochement with Beijing. The AFP is waiting for it; Filipinos are waiting for it.

The one time that he raised the issue with his Chinese counterpart, he was threatened with war. Sure, the threat was softened by handshakes and grins and the diplomatese of formal meetings between the leader of a host country and a guest. But the message was unequivocal: if Duterte pushed through with Philippine exploration for minerals in waters declared as part of its economic zone by a UN-backed court, it would mean war with China.

How did we react to the threat? With bowing and scraping before the masters of the South China Sea.

ASEAN, especially under its current chair, has been largely useless against the masters. Its ministers issued an unsurprising, non-binding statement calling for self-restraint and “non-militarization” in the South China Sea – already a fait accompli.

China was the clear winner at the ASEAN gathering in Manila.

http://www.philstar.com/opinion/2017/08/09/1726892/satellites

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

Analysis: US, allies slow Beijing’s South China Sea momentum

August 8, 2017
 August 8 at 8:14 AM
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MANILA, Philippines — With the rise of a friendly leader in the Philippines, China has been spared a vocal adversary in the disputed South China Sea. In the process, it has gained momentum despite last year’s ruling by an arbitration tribunal that invalidated its expansive claims in the disputed waters.The rapprochement between President Rodrigo Duterte and his Chinese counterpart, Xi Jinping, defused a tense standoff between the Asian neighbors last year at the disputed Scarborough Shoal, where China allowed Filipinos back to fish in October as years of thorny relations began to brighten.As President Donald Trump succeeded Barack Obama, who had challenged China’s assertive advances in the disputed sea, U.S. allies wondered if Trump would press America’s role as a regional counterbalance to the Asian powerhouse.

An annual summit of Asia-Pacific nations hosted by the Philippines over the weekend, however, delivered a reality check to Beijing.

U.S. Secretary of State Rex Tillerson met his Australian and Japanese counterparts on the sidelines of the meetings in Manila of the Association of Southeast Asian Nations, or ASEAN. After their meeting, they issued a joint statement that blasted aggressive actions in the contested offshore territories — without, of course, naming Beijing directly, in line with diplomatic practice.

Nevertheless, China quickly voiced its irritation.

Its top diplomat said that while his country and the 10-nation ASEAN bloc “all fully recognized that the situation in the South China Sea is showing signs of changes and things are moving toward a positive direction,” some countries outside the region “are not seeing the positive changes” and are holding onto a mindset that “still stays in the past.”

After the Philippines, ASEAN’s leader this year, hosted the first of three major summits of the bloc in April, Duterte issued a traditional chairman’s statement that dropped mention of contentious issues, including Beijing’s island constructions in disputed reefs that China has lobbied to be struck out of such high-profile communiques. For China, it was seen as a diplomatic coup.

Closeted in their annual gathering in Manila over the weekend, however, ASEAN foreign ministers wrangled over the tone and wordings to depict the territorial rifts involving China and five other governments in their joint statement, which unlike the chairman’s statement is a negotiated document.

A draft of the ASEAN ministerial statement seen by The Associated Press before it was finalized and made public provided a glimpse of the closed-door intramurals, with Vietnam insisting on stronger language against China’s increasingly assertive actions in the busy waters.

Vietnamese diplomats, for example, insisted on mentioning concern over “extended construction” in the contested waters. Cambodia, a Chinese ally, deferred a vote on the inclusion of worries over militarization.

The Philippines was one of the countries that opposed mention of land reclamation and militarization in the communique, Foreign Secretary Alan Peter Cayetano acknowledged in a news conference late Tuesday. China, he said, threatened to end future talks aimed at resolving conflicts if the arbitration ruling was mentioned in the statement.

“We won’t make any progress,” Cayetano said. “China already said if you talk about the arbitration award there is no talks.”

The protracted quibblings delayed the statement’s release, two Southeast Asian diplomats told the AP. When it was issued a day later, the joint ministerial statement — surprisingly — mentioned land reclamation and militarization and, to Beijing’s certain dismay, carried a vague reference to the arbitration ruling: “full respect for diplomatic and legal process.”

Wang played down mention of the issues, including land reclamation, that critics have used to refer to China’s massive island constructions in the South China Sea.

The next battle is over a proposed “code of conduct,” which aims to stymie aggressive behavior in the disputed sea, including new construction and military fortifications. China concluded talks with ASEAN for a negotiating framework for the nonaggression code, a baby step both sides hailed as a milestone.

Most ASEAN states, including the Philippines, back a legally binding code. China wants otherwise and opposes mention of the contentious issues, including arbitration and a conflict-resolution arrangement, given its preference to solve the conflicts through one-on-one negotiation with its smaller rival claimants. With ASEAN unable to do anything unless it acquiesces to China’s wishes, it relented to reach a consensus. Proponents of the rule of law were dismayed.

The agreed framework “is a lowest-common-denominator effort. It lacks teeth because China has opposed making it legally binding and refused to include a dispute settlement mechanism,” said Bonnie Glaser, a senior adviser for Asia at the Washington-based Center for Strategic and International Studies.

“With ASEAN itself divided and China’s sway over individual ASEAN members growing,” Glaser said, “this is an unsurprising even if disappointing development.”

Wang announced at the Manila meetings that China would be ready to start negotiations for the maritime code when its leader travels to the Philippines and joins ASEAN heads of state in November.

But first, he said, in a shot at the United States, the situation has to be stable and free of “major disruption from outside parties.”

The United States, Australia and Japan immediately weighed in, urging China and ASEAN “to ensure that the code of conduct be finalized in a timely manner, and that it be legally binding, meaningful, effective, and consistent with international law.”

“Outside parties like the U.S. will do what they think is needed to promote peace and stability in the region,” Glaser said. “If China opposes those actions, so be it.”

Related:

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Drama at ASEAN: Vietnam Foreign Minister Pham Binh Minh (at left in blue) is the only one brave enough to challenge China at the ASEAN conference in the Philippines, August 5, 2017. At right, Philippine Foreign Secretary Alan Peter Cayetano tries to write language that Vietnam can agree to. POOL photo

Image result for Wang Yi, Philippines, asean, photos

North Korean Foreign Minister Ri Yong Ho, left, poses with his Chinese counterpart Wang Yi for a photo prior to their bilateral meeting in the sideline of the 50th ASEAN Foreign Ministers’ Meeting and its Dialogue Partners. Sunday, Aug. 6, 2017 in suburban Pasay city, south Manila, Philippines. Bolstered by new U.N. sanctions, the United States and North Korea’s neighbors are joining in a fresh attempt to isolate Pyongyang over its nuclear and missile programs, in a global campaign cheered on by U.S. President Donald Trump. (AP Photo/Bullit Marquez)

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

South China Sea: Did ASEAN Make Life Tougher For China?

August 8, 2017

Commentary

 / 05:20 AM August 08, 2017
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At last. Departing from a string of weak statements that glossed over or altogether avoided any mention of China’s aggressive activities in the South China Sea, the joint communiqué issued on Sunday by the foreign ministers of the Association of Southeast Asian Nations meeting in Manila was notable for addressing not only China’s seizure and reclamation of islands in the disputed waters but also the militarization of the area.

“We discussed extensively the matters relating to the South China Sea and took note of the concerns expressed by some Ministers on the land reclamations and activities in the area, which have eroded trust and confidence, increased tensions and may undermine peace, security and stability in the region,” the statement read in part.

Further: “We emphasized the importance of non-militarization and self-restraint in the conduct of all activities by claimants and all other states, including those mentioned in the DOC (Declaration on the Conduct of Parties in the South China Sea) that could further complicate the situation and escalate tensions in the South China Sea.”

For a while, it had looked like the 10-member regional bloc would once again succumb to pressure from China — through Cambodia, its closest ally in the group — to finesse its statement and avoid language that could be seen as chiding Beijing. Although five Asean member-nations — Malaysia, Taiwan, Brunei, Vietnam and the Philippines — have claims on waters and islets in the South China Sea, almost all of which China claims as its own on the basis of a nine-dash map that the Permanent Court of Arbitration has declared as without legal basis, reaching consensus on stronger language and a united front has been a contentious process.

The Philippines, which is this year’s Asean chair and which had won an important legal victory over China with the arbitral ruling, itself chose to avoid reference to China’s island reclamation or to the ruling itself in the Asean Chairman’s Statement released last April, on the back of President Duterte’s conciliatory policy toward Beijing.

This time, the bloc failed to release its joint communiqué on Saturday evening as scheduled, reportedly deadlocked on essentially the same issue.

Vietnam, which has had clashes with China over fishing and exploitation rights in its own claimed waters, was reported to have wanted tougher wording to directly address the elephant in the room, but Cambodia stood squarely against it. (In July 2012, with Cambodia as chair, the meeting of foreign ministers was marked by conflict and failed to produce a joint communiqué.)

The impasse threatened to produce another oblique statement intended to somehow placate all parties — even China, which is strictly not a party in the grouping, but whose economic and military might figures heavily in the region’s calculations.

But Vietnam’s position appeared to have prevailed. In an 11 o’clock turnaround, the foreign ministers finally hammered out a communiqué that, for a change, unmistakably called Beijing out for its island-grabbing, and the rapid transformation of these islands into military outposts.

China has built seven islands so far in the disputed waters; three of these are equipped with runways, surface-to-air missiles and radars, according to a Reuters report.

The ministerial meeting also announced the adoption of a negotiating framework that would advance a 2002 Declaration on the Conduct of Parties in the South China Sea, an agreement that has largely been ignored, especially by China.

Now Beijing appears to have rediscovered interest in the code, pushing for talks on an outline for its implementation—though far short of what Vietnam wants, which is to make the document legally binding on all claimant-nations, including China.

Observers fear it’s a ploy for something else: to simply buy China more time to solidify its grip on this vital area. Asean might want to wise up to its giant neighbor’s long game.

Read more: http://opinion.inquirer.net/106191/turnaround-in-asean#ixzz4pB18EscY
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

Related:

Image may contain: 3 people, people standing and suit

Drama at ASEAN: Vietnam Foreign Minister Pham Binh Minh (at left in blue) is the only one brave enough to challenge China at the ASEAN conference in the Philippines, August 5, 2017. At right, Philippine Foreign Secretary Alan Peter Cayetano tries to write language that Vietnam can agree to. POOL photo

Image result for Wang Yi, Philippines, asean, photos

North Korean Foreign Minister Ri Yong Ho, left, poses with his Chinese counterpart Wang Yi for a photo prior to their bilateral meeting in the sideline of the 50th ASEAN Foreign Ministers’ Meeting and its Dialogue Partners. Sunday, Aug. 6, 2017 in suburban Pasay city, south Manila, Philippines. Bolstered by new U.N. sanctions, the United States and North Korea’s neighbors are joining in a fresh attempt to isolate Pyongyang over its nuclear and missile programs, in a global campaign cheered on by U.S. President Donald Trump. (AP Photo/Bullit Marquez)

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Best search terms: ,  

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.