Posts Tagged ‘Permanent Court of Arbitration’

Duterte Administration’s Deal with China is Bad for the Philippines — Our territorial integrity in the South China Sea is a Permanent National Interest

September 13, 2017
05:04 AM September 13, 2017

That, as Lord Palmerston once stated, a nation has no permanent friends or enemies, only permanent interests, means that while a nation has permanent interests, it also has fleeting interests. This statement is the central/peripheral approach and the foundation of modern diplomacy. A nation’s central interests are nonnegotiable but it can cede interests that it deems peripheral. Our foreign policy was based on this doctrine until it was replaced by the Duterte administration. (“We abandoned our independent foreign policy,” Opinion, 6/26/17).

In contemporary diplomacy, territorial integrity is a permanent interest for two reasons. First, it impacts national security. You want to create sufficient space between an aggressor and your heartland. A vast territory allows defense in depth. The Soviet Union and China survived German and Japanese onslaughts, respectively, in World War II by trading space for time, until a grand alliance was formed to rescue both countries. Our soldiers resisted Japanese invaders more valiantly than the Chinese in World War II. Nonetheless, we were conquered by Japan while China survived. The difference was that we are a small country while the Chinese have a vast hinterland to which they retreated. The artificial islands that China has built should be our defense outposts; instead, these now represent advance bases for Chinese aggression against us. Sadly, the administration approves of this setup.

Second, abandonment of our right to the West Philippine Sea means we forego the resources of the area which could erase our import bill for oil and gas. More important, we now have an indefensible national territory. Heretofore, the nearest Chinese military base was on Hainan Island 900 kilometers away, outside the range of military aircraft. The artificial islands built by China cut this distance to 300 km. Safeguarding our security will require massive defense outlays. Fifth-generation F-35 jet fighters cost $135 million each. We cannot afford such expensive weapons.

An aerial view of China occupied Subi Reef at Spratly Islands in disputed South China Sea. © Reuters

The Duterte administration has been touting the $23 billion investment package offered by China as an exchange for the abandonment of our claim on the West Philippine Sea. This is a bad tradeoff and a misrepresentation. The stated amount is not official development assistance (ODA) and, therefore, must be repaid. Since the time of the Marcos regime, each of our leaders brought back from a state visit investment proposals worth billions. But only a miniscule amount of such proposals are realized because: 1) The terms are onerous and better alternatives are available elsewhere; 2) the technology is obsolete or far advanced for our economy; 3) the proposed investment will cause pollution or 4) it is tinged with corruption; and 5) the host government deliberately padded the proposals for PR purposes.

Some of those points are self-evident. Item 4 is exemplified by the Bataan Nuclear Power Plant, in which Ferdinand Marcos’ cronies were involved. Item 5 is a common practice of the defunct Soviet Union: Visiting heads of state sign agreements with state-owned enterprises, none of which get implemented. These trade proposals are labelled “ceremonial agreements” and are concluded merely for PR purposes to make a state visit appear successful. They should properly be labelled as diplomatic scams.

It is highly probable that the Chinese investment package contains such dubious proposals. Meaning, we have traded national territory for nothing, in the biggest such scam since the Dutch bought Manhattan from the American Indians for beads worth $24. However, the descendants of the Indians claim it is their ancestors who tricked the Dutch; the land their ancestors “sold” the Dutch actually belonged to another tribe. Unfortunately, the President and his foreign secretary cannot offer a similar alibi. The territory they are trading to the Chinese for scam investments belongs to us under the ruling of the arbitral tribunal in The Hague.

Hermenegildo C. Cruz was Philippine ambassador to the United Nations in 1984-1986.

Read more: http://opinion.inquirer.net/107075/territorial-integrity-nations-permanent-interest#ixzz4sXR0YeiB
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The ruling of the arbitral tribunal in The Hague said that China’s ownership claim of everything north of the “nine dash line” was not valid. Thus, China has no claim under international law. The ruling was made on July 12, 2016, at the Permanent Court of Arbitration.

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We abandoned our independent foreign policy

12:06 AM June 26, 2017

Since President Duterte took office, he has been claiming that he is pursuing an “independent foreign policy.” The sad part is that we had an independent foreign policy, until the start of his administration. How we got to this mess may be traced to the often quoted commencement speech of then Sen. Claro M. Recto titled “Our Mendicant Foreign Policy.”

In that speech Recto said: “In the parliament of the United Nations, it is no more difficult to predict that the Philippines will vote with the American Union, than the Ukraine will vote with the Soviet Union. (Author’s note: The Ukraine was then part of the USSR.) American policy has found no more eloquent spokesman or zealous advocate and Russian policy no louder critic or more resourceful opponent than the Philippines. Americans may disagree with their own foreign policy, but it has no better supporters than the Filipinos.”

That statement of Recto is false. We have differed with the United States on issues vital to our national interest. Four months after Recto’s speech at the University of the Philippines on April 17, 1951, America convened the San Francisco Conference to conclude a peace treaty with Japan. It explicitly stated that Japan shall not be required to pay reparations. Japan was then being set up as a bulwark against communism.

We took exception to the US position and insisted that Japan must pay us reparations. We did not sign a treaty with Japan until 1956, with a reparations provision. Thus, we did not kowtow to the United States on an issue vital to our national interest, and won.

The repeated claims that our vote in the United Nations mimics the US vote is the worst misrepresentation of our foreign policy. The UN was formed at the start of the Cold War. The initial split in the UN is termed the East-West conflict, with the East representing the communist countries and the West representing countries outside the Soviet bloc. In the 1960s, a new split developed and was termed the North/South split. The North comprises the industrialized western countries, while the South is composed of Third World countries. This is mainly an economic dispute.

Thus, in East/West disputes, we vote with what is termed the “Western Alliance.” It is logical because we had the Hukbalahap insurgency. However, in the North/South disputes, we always vote with the developing nations against the United States; we have been doing this since 1964 in Unctad I, Geneva.

Critics of our foreign policy have cited our Mutual Defense Treaty with America as an indication of our lack of an independent foreign policy. This is another misrepresentation. A policy of nonalliance is a policy of neutrality. There are only three neutral countries now: Sweden, Switzerland and Finland. A neutral foreign policy is expensive. The three neutral countries cite their own state-of-the-art Leopard II main battle tanks and F-18 Hornets and Gripen jets in their arsenal. We cannot afford such an arsenal.

A country can have alliances with other nations, but it can still have an independent foreign policy so long as it can take initiatives to safeguard its national interest. Thus, England and France are members of Nato, but they have an independent foreign policy because they can assert their sovereign rights when necessary. Our foreign policy thus meets the standard of an independent foreign policy: We are in alliance with America, but we have stood up for our rights against US policy when it concerns our vital national interest.

When a country cannot assert issues concerning its national interest, it does not have an independent foreign policy. During the Cold War, Rumania could not claim Moldova, although its population is majority Rumanian. It was a satellite state of the USSR. We are now in the same boat—a satellite state of China. By his admission, Mr. Duterte discussed the West Philippine Sea dispute with China’s Xi Jinping. In typical bully fashion, Xi told him in effect to shut up or get clobbered. The sad part is, he meekly complied. That is satellite diplomacy, not an independent foreign policy.

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Hermenegildo C. Cruz was Philippine ambassador to the United Nations in 1984-1986.

Read more: http://opinion.inquirer.net/105077/abandoned-independent-foreign-policy#ixzz4sXSncrBl
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Indonesia, Long on Sidelines, Starts to Confront China’s Territorial Claims

September 11, 2017

JAKARTA, Indonesia — When Indonesia recently — and quite publicly — renamed the northernmost waters of its exclusive economic zone in the South China Sea despite China’s claims to the area, Beijing quickly dismissed the move as “meaningless.”

It is proving to be anything but.

Indonesia’s increasingly aggressive posture in the region — including a military buildup in its nearby Natuna Islands and the planned deployment of naval warships — comes as other nations are being more accommodating to China’s broad territorial claims in the South China Sea.

The two countries had three maritime skirmishes in 2016 involving warning shots, including one in which Indonesian warships seized a Chinese fishing boat and its crew.

Indonesia is challenging China, one of its biggest investors and trading partners, as it seeks to assert control over a waterway that has abundant resources, particularly oil and natural gas reserves and fish stocks.

The pushback from Indonesia takes direct aim at Beijing’s claims within the so-called “nine-dash line,” which on Chinese maps delineates the vast area that China claims in the South China Sea. It also adds a new player to the volatile situation, in which the United States Navy has been challenging China’s claims with naval maneuvers through waters claimed by Beijing.

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The coastline at Ranai, the administrative center of the Natuna islands. Credit Ulet Ifansasti/Getty Images

Indonesia “is already a party to the disputes — and the sooner it acknowledges this reality the better,” said Ian J. Storey, a senior fellow at the Institute of Southeast Asian Studies in Singapore, where he researches South China Sea issues.

The dispute largely centers on the Natuna Sea, a resource-rich waterway north of Indonesia that also lies close to Vietnam’s exclusive economic zone.

Before naming part of the contested waterway the North Natuna Sea “to make it sound more Indonesian,” Mr. Storey said, Indonesia last year began beefing up its military presence in the Natunas. That included expanding its naval port on the main island to handle bigger ships and lengthening the runway at its air force base there to accommodate larger aircraft.

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People take pictures of a burning ship as the government destroyed foreign boats that had been caught illegally fishing in Indonesia waters, at Morela village in Ambon island, April 2017. Indonesia destroyed 81 mostly foreign boats on the weekend that had been caught illegally fishing in its waters, taking to more than 300 the number sunk since President Joko Widodo launched a battle against the poaching of fish in 2014. Antara Foto/Izaac Mulyawan — Reuters photo

For decades, Indonesia’s official policy has been that it is not a party to any territorial disputes with China in the South China Sea, unlike its regional neighbors Brunei, Malaysia, the Philippines and Vietnam. Last year, however, Indonesia and China had the three maritime skirmishes within Indonesia’s 200-nautical-mile exclusive economic zone off its Natuna Islands, which lie northwest of Borneo.

After the third skirmish, in June 2016, China’s Ministry of Foreign Affairs issued a statement in which it claimed for the first time that its controversial nine-dash line included “traditional fishing grounds” within Indonesia’s exclusive economic zone.

The administration of the Indonesian president, Joko Widodo, whose top administrative priorities since taking office in October 2014 include transforming his country into a maritime power, has ordered the authorities to blow up hundreds of foreign fishing vessels seized while illegally fishing in Indonesian waters.

Mr. Joko, during a visit to Japan in 2015, said in a newspaper interview that China’s nine-dash line had no basis in international law. (See map below) . He also chaired a cabinet meeting on a warship off the Natunas just days after last year’s third naval skirmish — a move analysts viewed as a show of resolve to Beijing.

On July 14, Indonesia’s Ministry of Maritime Affairs and Fisheries held a conspicuously high-profile news conference to release its first national territorial map since 2005, including the unveiling of the newly named North Natuna Sea. The new map also included new maritime boundaries with Singapore and the Philippines, with which Indonesia had concluded agreements in 2015.

Arif Havas Oegroseno, a deputy minister at Indonesia’s Coordinating Ministry of Maritime Affairs, told journalists that the new Indonesian map offered “clarity on natural resources exploration areas.”

That same day, Indonesia’s Armed Forces and Ministry of Energy and Mineral Resources signed a memorandum for warships to provide security for the highly profitable fishing grounds and offshore oil and gas production and exploration activities within the country’s exclusive economic zone near the Natunas.

Read more at the source: https://www.nytimes.com/2017/09/10/world/asia/indonesia-south-china-sea-military-buildup.html?rref=collection%2Fsectioncollection%2Fworld&action=click&contentCollection=world&region=rank&module=package&version=highlights&contentPlacement=1&pgtype=sectionfront

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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 and the Philippine government then chose to ignore international law.

Vietnam Protests Over Chinese Live-Fire Drills in South China Sea

September 5, 2017

HANOI — Vietnam on Tuesday issued a strong condemnation of Chinese military live-fire exercises in the disputed South China Sea, amid rising tension between the two countries.

The Maritime Safety Administration of China’s southern province of Hainan, which oversees the South China Sea, said last month there would be live fire drills around the Paracel Islands, which Vietnam claims, until September 2.

“Vietnam strongly objects this action by China and seriously requests China to respect Vietnam’s sovereignty over the Hoang Sa (Paracel) archipelagos,” Foreign Ministry spokeswoman Le Thi Thu Hang said in a statement.

“Vietnam once again asserts that (we) will resolutely protect our sovereignty and our legitimate rights and interests in the East Sea (South China Sea) through peaceful measures that are suitable with international laws,” the statement said.

China claims nearly all the South China Sea, through which an estimated $3 trillion in international trade passes each year. Brunei, Malaysia, the Philippines and Taiwan also have claims.

Tension between China and neighboring Vietnam is at its highest in three years over the disputed waters.

Vietnam suspended oil drilling in offshore waters that are also claimed by China in July under pressure from Beijing.

China has appeared uneasy at Vietnam’s efforts to rally Southeast Asian countries over the South China Sea as well as at its growing defense relationships with the United States, Japan and India.

(Reporting by Mai Nguyen)

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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 and the Philippine government then chose to ignore international law.

Vietnam protests over Chinese military drill in South China Sea

September 1, 2017

Vietnam on Thursday opposed what it called a Chinese announcement of military exercises in the disputed South China Sea, disagreements over which have pushed tension between the neighbours to its highest in three years.
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Chinese dredging vessels are purportedly seen in the waters around Mischief Reef in the disputed Spratly Islands in the South China Sea in this still image from video taken by a P-8A Poseidon surveillance aircraft provided by the United States Navy May 21, 2015. U.S. Navy/Handout via Reuters/Files

HANOI: Vietnam on Thursday opposed what it called a Chinese announcement of military exercises in the disputed South China Sea, disagreements over which have pushed tension between the neighbours to its highest in three years.

China has appeared uneasy at Vietnam’s efforts to rally Southeast Asian countries over the busy waterway as well as at its neighbour’s growing defence ties with the United States, Japan and India.

In July, under pressure from Beijing, Vietnam suspended oil drilling in offshore waters that are also claimed by China.

Vietnam was deeply concerned about drills in the region of the Gulf of Tonkin, at the north end of the South China Sea, Foreign Ministry spokeswoman Le Thi Thu Hang said in a statement, but did not make clear what drills were being referred to.

“Vietnam proposes China to cease and refrain from repeating acts that complicate the situation in the East Sea,” Hang said, employing Vietnam’s name for the South China Sea.

All foreign activities in Vietnamese waters must comply with Vietnamese and international laws, she added.

Vietnam’s Foreign Ministry conveyed its position to a Chinese embassy representative on Thursday, the statement added, without saying when China’s announcement was made or when any drill might take place.

China’s Foreign Ministry did not immediately respond to a request for comment.

Last month, the Maritime Safety Administration of China’s southern province of Hainan, which oversees the South China Sea, said military drills would take place south of the province and east of Vietnam from Aug. 29 until Sept. 4.

There would be live fire drills around the Paracel Islands, which Vietnam claims, until Sunday, it added.

China claims nearly all the South China Sea, through which an estimated US$3 trillion in international trade passes each year. Brunei, Malaysia, the Philippines and Taiwan also have claims.

(Reporting by Mai Nguyen; Additional reporting by Ben Blanchard in Beijing; Editing by Alison Williams and Clarence Fernandez)

Source: Reuters

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Read more at http://www.channelnewsasia.com/news/asiapacific/vietnam-protests-over-chinese-military-drill-in-south-china-sea-9177280

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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 and the Philippine government then chose to ignore international law.

China exploits the Philippines’ soft-pedalling in South China Sea

August 30, 2017

By Richard Heydarian

Duterte’s conciliatory stance on Beijing’s territorial claims is backfiring

An aerial view of China occupied Subi Reef at Spratly Islands in disputed South China Sea. © Reuters

Just days after the Association of Southeast Asian Nations ended a series of ministerial meetings in Manila in early August the Philippines faced a fresh and daunting challenge in the South China Sea.

In what one prominent Filipino official described as an “invasion,” a flotilla of Chinese civilian and military vessels gathered within a few nautical miles of the Philippine-occupied Thitu Island, a prized land feature in the area. There are growing concerns that China will gobble up other contested land features in the Spratly chain of islands and tighten the noose around other claimant states as a prelude to full domination of the South China Sea.

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The “invasion” was a shocking development for Manila, which has used its one-year term as the rotating chair of ASEAN to shield Beijing against criticism of its maritime assertiveness in the South China Sea. The Philippines has also recently proposed resource-sharing agreements in contested areas to break the impasse among claimant states.

In exchange, Manila was hoping to reach a mutually acceptable modus vivendi with Beijing, leading to expanded trade and investment ties. China’s latest action, however, has exposed Beijing’s naked opportunism as it exploits the strategic acquiescence of some other ASEAN countries and waning U.S. influence in the region.

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Beijing’s assertiveness also casts doubt on the conciliatory policy pursued by Philippine President Rodrigo Duterte toward China, and boosts hawks who are urging a tougher stance. Duterte and his Foreign Secretary (and former vice-presidential running mate) Alan Cayetano have sought to play down the issue, but the Philippine defense establishment and media are outraged.

At the recent ASEAN meetings, Philippine officials exercised the country’s prerogative as the group’s chair to tone down any criticism of China’s massive reclamation activities in the South China Sea.

Cayetano claimed that Beijing had not engaged in any reclamation activities in recent months, while indirectly criticizing other claimant states such as Vietnam for engaging in similar activities. But satellite imagery released by the Asia Maritime Transparency Initiative, a monitoring program set up by the Washington-based Center for Strategic and International Studies, has revealed China’s relentless expansion and upgrading of disputed land features such as the Fiery Cross, Mischief and Subi reefs in the Spratly Islands of the South China Sea.

The Philippine foreign secretary admitted that he wanted to avoid issues that China consider sensitive in ASEAN’s post-summit joint statement, so as to facilitate dialogue. He also expressed skepticism over the wisdom of pursuing a “legally-binding” Code of Conduct in the South China Sea, a key demand of rival ASEAN claimant states such as Vietnam, suggesting that a more symbolic document would be sufficient.

Meanwhile, the U.S. Defense Department is grappling with policy paralysis under President Donald Trump and a series of naval collisions that have diminished the aura of U.S. invincibility and forced the resignation of Vice Admiral Joseph P. Aucoin, head of the U.S. 7th Fleet, the U.S. Navy’s largest overseas force.

To China’s delight, the Duterte administration has also dangled the option of resource-sharing with China in contested waters, particularly the energy-rich Reed Bank. This way, Manila hopes to avoid conflict and develop new energy resources to feed its booming economy. In effect, the Philippines is legitimizing China’s excessive claims, which extend well into the Philippines’ Exclusive Economic Zone.

But Beijing’s blatant display of force risks undermining its newfound rapprochement with the Philippines, where the defense establishment and public are already highly critical of China.

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China H-6 bomber Scarborough Shoal, the Philippines. File photo from Xinhua

Suspicious movements

Intelligence reports on suspicious movements of Chinese vessels near Thitu Island were leaked by Philippine defense officials to Gary Alejano, a prominent opposition lawmaker. The information was corroborated by satellite imagery released by CSIS’s Asia Maritime Transparency Initiative.

Alejano, a decorated former soldier with strong ties to the military, reported that Chinese frigates and coast guard vessels sailed close to Thitu Island from Aug. 11 to 15. He also suggested that China is intent on occupying Sandy Cay, a low-tide elevation within Thitu’s territorial waters.

Rocky Thitu Island, which is the second largest naturally-formed feature in the area, has been under effective Philippine occupation for more than 40 years. It has a mayor, a civilian community, an airstrip that dates to the 1970s and a regular contingent of Philippine marines and other military personnel.

In April, Philippine Defense Secretary Delfin Lorenzana and military chief of staff Eduardo Ano made a high-profile visit to Thitu to demonstrate Manila’s resolve to protect its territory. They promised to upgrade local facilities, including the airstrip, and improve basic services and accommodation for civilians living on the island. These plans are now in jeopardy due to the growing presence of Chinese vessels in the area.

There are also growing fears of encirclement and additional reclamation activities by China in the Spratly Islands, which are contested by China, the Philippines, Malaysia, Taiwan and Vietnam. Beijing already occupies nearby Subi Reef, which it has transformed it into a fully-fledged island with a large airstrip and advanced military facilities. A Chinese flag was reportedly planted on a sandbar next to the Philippine-controlled Kota Island. Such actions suggest that Beijing is intent on encircling and squeezing out other claimant states from the area.

Alejano has cautioned the Duterte administration against “denial or silence and inaction” in response to Chinese actions. Supreme Court Justice Antonio Carpio, a prominent hawk on the South China Sea issue, described the episode as an “invasion of Philippine territory,” and has urged Duterte and Cayetano to stand up to China. He suggested invoking a mutual defense treaty with the U.S. in the event of clashes with Chinese vessels.

Both Duterte and his foreign secretary have sought to play down the Thitu issue by claiming that China was engaged in routine maritime activities in the area. In a dramatic break with protocol, however, the Philippine military has openly encouraged the government to take a tougher stance. the foreign ministry to raise the issue in the China-Philippines Bilateral Consultative Mechanism, a negotiating forum established by the two countries, which met for the first time in May. It serves as the primary platform for dialogue on sensitive bilateral issues.

However, unless China significantly eases its assertiveness in the South China Sea, the Duterte administration is expected to come under growing domestic pressure to revise its policy toward Beijing. While Duterte is still popular, he cannot afford to continue to ignore public sentiment as well as the concerns of top military officers.

China’s aggressive actions underline the perils of Manila’s overly conciliatory policy, which is based on the naive notion that acquiescence will tame Beijing’s territorial appetite. The latest episode in the South China Sea highlights the necessity for ASEAN countries and the U.S. to actively resist Chinese maritime ambitions. Otherwise, Beijing will continue to push its luck at the expense of regional security and the interests of smaller claimant states.

Richard Heydarian is a Manila-based academic and columnist. He is the author of “Asia’s New Battlefield: US, China and the Struggle for the Western Pacific,” and of the forthcoming” Rise of Duterte.”

https://asia.nikkei.com/Viewpoints/Richard-Heydarian/China-exploits-the-Philippines-soft-pedalling-in-South-China-Sea

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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 and the Philippine government then chose to ignore international law.

People in the Philippines Ask Nagging Questions on China

August 27, 2017

By  – @inquirerdotnet

 / 05:16 AM August 26, 2017

Question: What is the similarity between China and the Caloocan police?

Answer: China claimed that it had stopped reclamation work on the disputed islands in the South China Sea since 2015 (Foreign Secretary Alan Peter Cayetano supported the claim); the Caloocan police claimed that Kian delos Santos was shot and killed because he shot at them first. Both claims were belied by pictures: In China’s case, satellite images showed its reclamation activities in late 2016; in the Caloocan case, CCTV footage showed the policemen dragging Kian off…

In short, both are bare-faced liars, caught red-handed by modern-day technology.

Q: How far do Filipinos trust China vs. America?

A: The Social Weather Stations survey in September 2016 showed that Filipinos trusted America the most (+66) and China the least (-33), among the countries surveyed. The SWS also reported that since 1994, when the question was first asked, America has always showed positive ratings, its lowest being +18 and its highest +82; China has showed positive trust ratings only 7 times out of 40, and its highest trust rating was +17 (lower than America’s lowest), while its lowest was -46.

In short, Filipinos don’t trust China any further than they can throw it (and China, a giant, can’t be thrown very far).

Q: So why does President Duterte trust China so much and distrust America?

A: No hard evidence on which to base an answer. Communications Secretary Martin Andanar told me in an interview (you can catch it on Monday) that the President “listens.” Well, yes, he “listened” to the outraged cry against Kian’s murder, but he obviously hasn’t “listened” to the Filipino distrust of China (Filipinos have dealt with Chinese since pre-Hispanic times).

All these make up background for the current issue relating to China’s bare-faced lies or its treachery vis-à-vis the Philippines, which are well-documented in Supreme Court Senior Associate Justice Antonio Carpio’s book, “The South China Sea Disputes” (downloadable, free).

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While vowing eternal friendship with us and offering billions of dollars in “aid” (we should look that gift horse in the mouth, given the offerer’s predilection for mendacity), China has sent two frigates (warships), a coast guard vessel and two militia maritime fishing boats, to guard Sandy Cay (which is Philippine territory, being within 12 nautical miles from Pagasa). Moreover, it has prevented a Philippine government vessel from approaching.

Q: Why should Filipinos be worried?

A: Because it is the same strategy that China employed to gain control of Scarborough Shoal (Panacot, Bajo de Masinloc) off Zambales in 2012. More, after the United States brokered a deal under which Chinese and Philippine ships were to leave the area, China reneged on what it had agreed to; the Philippines left, in good faith. Nadenggoy tayo. Which is why we went to The Hague, and won our case.

The effect of Sandy Cay’s occupation by China is enormous, according to Justice Carpio. It will reduce Pagasa’s territorial sea by a third or more, and it will prevent us from claiming Subi Reef. “By any yardstick, this is a seizure of Philippine territory.” And he demanded that the Philippines take active diplomatic and legal measures on record.

Q: What is the Duterte administration doing about it?

A: The reaction is such that one would think it was lawyering for China. To wit: 1) What ships? (It denied their existence, although they were caught on satellite); 2) The ships are just exercising the right of innocent passage. (Carpio: Innocent passage requires no stopping, or loitering. The ships have been there since Aug. 12—again caught on satellite); 3) AMTI-CSIS, the think tank that provided the pictures, is American, therefore it is there to promote US interests. (Me: What? Do we think they photoshopped the whole thing?); 4) We are not going to war over a sandbar. (Me: Nobody suggested going to war. Moreover, that sandbar, since it has high-tide elevation, is entitled to a 12-nautical-mile territorial sea around it, more than twice the land area of Metro Manila).

And lastly, Q: This issue is one where we need the best and brightest to decide on strategy. Why isn’t Justice Carpio in the loop?

Read more: http://opinion.inquirer.net/106634/nagging-questions-china#ixzz4qyo0e8JE
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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 and the Philippine government then chose to ignore international law.

‘Never give up honor, sovereignty and sovereign rights’

August 23, 2017

By   – @inquirerdotnet

07:24 AM August 23, 2017

(Editor’s Note: Below is the acceptance speech delivered on Aug. 19 by the Supreme Court senior associate justice on behalf of this year’s recipients of the UP Alumni Association Distinguished Alumni Awards.)

On behalf of this year’s alumni awardees, I wish to thank the board of directors of the University of the Philippines Alumni Association headed by its president, Atty. Ramon Maronilla, for this signal award conferred on us.

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I am sure I speak for all of the awardees here tonight that we are truly honored and humbled by this recognition. We will certainly treasure this award.

Show honor

This year’s theme of the alumni homecoming is “Itanghal ang Dangal” — show honor.

Honor is, of course, the first half of the UP motto—“Honor and Excellence.”

The emphasis on showing honor correctly points out that honor comes before excellence, that there must be honor above all, even as there must be excellence in all that we do.

For excellence without honor is a recipe for national disaster.

A society that has an abundance of excellence but a scarcity of honor is a society in deep trouble.

Excellence without honor creates evil geniuses and develops a culture of greed — all at the expense of the common good.

That is why the university must continuously teach our students, and the alumni must ceaselessly show by example, that there must be honor above all, even as we strive for excellence in all that we do.

Priceless

Honor is priceless, for once it has a price, then it can be for sale.

A nation’s sovereignty and sovereign rights are also priceless. If you put a price tag on our country’s sovereignty or sovereign rights, then another country may buy our country’s sovereignty or sovereign rights.

Our sovereign rights in the West Philippine Sea, like our honor as UP alumni, are priceless. They are not for sale.

Our sovereign rights belong to present and future generations of Filipinos.

The duty of this present generation of Filipinos is to defend and preserve our sovereign rights, and pass on these rights to the next generation for the benefit of all succeeding generations of Filipinos.

No generation of Filipinos, and no individual Filipino, has the right to sell or waive the country’s sovereign rights in the West Philippine Sea. Any such sale or waiver is a betrayal of the nation.

In this battle to defend and preserve our sovereign rights in the West Philippine Sea, we use the most powerful weapon ever invented by man, a weapon that can neutralize warships, warplanes, missiles and nuclear bombs, and that weapon is the rule of law.

Armed solely with this legal weapon, we won a great battle in July 2016 in The Hague at a United Nations Convention on the Law of the Sea (Unclos) tribunal, which awarded to the Philippines in the West Philippine Sea a vast exclusive economic zone, with an area larger than our total land area.

Next step

The next step is to enforce the award of the tribunal. This involves perseverance, steely determination, and a well-thought-out and carefully crafted long-term strategy.

I have no doubt that if we stay the course, the award of the tribunal will gradually be followed over time because the alternative is the demise of the law of the sea.

If the Unclos cannot apply in the South China Sea, then it cannot apply in the rest of the oceans and seas of the world.

Instead of the rule of law, the rule of the naval cannon will prevail in the oceans and seas.

The world community of civilized nations will not allow this to happen.

And even if we cannot immediately enforce the award because of the overwhelming might of the other side, we still acquit ourselves with respect before future generations of Filipinos because we are doing our duty with honor in accordance with the rule of law.

We would be setting a fine example to future generations of what it means to do our historic duty with honor.

Against all odds

That to me is the true meaning of “Itanghal ang dangal”—show, display and uphold honor against all odds.

Today, we face the gravest external threat to Philippine national security since World War II.

At stake is a huge maritime area rich in fishery, oil, gas and other mineral resources—either we keep this huge maritime area or we lose it to China forever.

The battle for the West Philippine Sea is the modern-day equivalent of the battles that our forebears fought, and even sacrificed their lives, to win and secure our sovereignty on land.

It is the turn of our generation to face the historic duty to defend the sovereign rights of the Filipino people in the sea.

To my fellow alumni of this great university: Never give up your honor, never give up our sovereignty, and never give up our sovereign rights!

Maraming salamat, mabuhay ang Pilipinas, mabuhay ang Unibersidad ng Pilipinas, mabuhay tayong lahat!

Read more: http://newsinfo.inquirer.net/924838/never-give-up-honor-sovereignty-and-sovereign-rights#ixzz4qaULyG3c
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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 and the Philippine government then chose to ignore international law.

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

Related:

Image may contain: ocean, water and outdoor

Deepsea Metro I

Image may contain: sky and outdoor

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

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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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.