[jprj]

http://www.sunstar.com.ph/breaking-n...sea-row-219142

MANILA (Updated) -- The United States, which is the Philippines' biggest ally, has expressed neutrality in the territorial dispute between the Philippines and China over Scarborough (Panatag) shoal.

At a press conference during the first "2-Plus-2" meeting between the US and the Philippines in Washington, D.C., US State Secretary Hilary Clinton said that her country will not take sides, but encouraged both parties to seek a peaceful solution to the standoff, which now entered the third week.

The Philippines has a long-standing Mutual Defense Treaty with the US, which is considered Manila's biggest military ally.

"While we do not take sides on the competing sovereignty claims to land features in the South China Sea, as a Pacific power, we have a national interest in freedom of navigation, the maintenance of peace and stability, respect for international law, and the unimpeded, lawful commerce across our sea lanes," Clinton said.

"The US supports a collaborative diplomatic process by all those involved for resolving the various disputes that they encounter. We oppose the threat or use of force by any party to advance its claims. And we will remain in close contact with our ally, the Philippines," she added.

In a joint statement following the ministerial dialogue, the two countries stated that its alliance "is stronger than ever, reflecting the deep and abiding ties linking our two nations and forged through a history of shared sacrifice and common purpose."

"Our alliance remains an anchor for peace, stability, and prosperity in the Asia-Pacific region. With this in mind, our Ministers meet today in Washington to reaffirm the Manila Declaration signed by our governments on November 16, 2011, and to ensure that our alliance remains robust, agile, and responsive in order to meet changing global and regional dynamics," the joint statement reads.

"Our consultations seek to address common strategic and security objectives, promote economic cooperation, advance people-to-people ties, and enshrine principles of good governance and the rule of law. The Ministers reaffirm our shared obligations under the Mutual Defense Treaty and our mutual commitment to the peace and security of the region," the joint statement read.

Although the bilateral meeting tackled a myriad of regional topics, the row over the West Philippine Sea became the high point of the discussions, especially after China had warned the Philippines about engaging the US into the dispute.

The Philippine delegation -- composed of Foreign Affairs Secretary Albert del Rosario and Defense Secretary Voltaire Gazmin -- also met with US Defense secretary Leon Panetta, who assured a second warship in the pipeline for the Armed Forces of the Philippines to beef up its defense capabilities.

Del Rosario acknowledged the "terribly painful" state of the Philippine armed forces, "but more painful is the fact that this is true, and we only have ourselves to blame for it."

"For the Philippines to be minimally relied upon as a US regional partner... it therefore behooves us to resort to all possible means to build at the very least a most minimal credible defense posture. On our own, we will do the best we can," he said.

As to the dispute with China, he said the Philippines is pursuing a "three-track approach" to resolve the impasse at the Bajo de Masinloc -- to seek the support of other Asean member-nations; to file a dispute settlement case before the United Nations Convention on the Law of the Sea (Unclos); and, continuing diplomatic consultations with China to defuse the situation.

Del Rosario said the Philippines and the US share a common interest in maintaining the "freedom of navigation, unimpeded lawful commerce and transit of peoples, as well as a rules-based multilateral, peaceful approach in resolving competing claims in maritime areas within the framework of international law, including Unclos."

The Philippines already said that it is prepared to unilaterally elevate the dispute before the International Tribunal on the Laws of the Seas, an arbitration body under the Unclos, after China's rejection of the government's bid for a legal settlement.

The Department of Foreign Affairs maintained that the shoal is part of the territorial sovereignty of the Philippines, being only 124-nautical miles (NM) off the nearest basepoint in Masinloc, Zambales province, thus, well within the 200-NM exclusive economic zone prescribed under Unclos.

On the other hand, the disputed atoll, which is said to be rich in oil and other mineral reserves, is some 500 NM from China. (JCV/Sunnex)

[jprj]

What you need to know about the UNCLOS, the ITLOS, and the EEZ
BY AILEEN ESTOQUIA, GMA NEWS*April 25, 2012 7:14pm
*1376**12*Email3*ShareThis1391*
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After two weeks, there is still no end in sight to the standoff between Philippine and Chinese vessels at the Panatag (Scarborough) Shoal. Located west of Masinloc in Zambales province, the resource-rich cluster of reefs and islets is within the territorial limits of the Philippines, but China has also laid historical claim to the area.
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GMA News Online has prepared the primer below, which explains some of the most frequently used terms by officials, to help readers navigate the jargon-laden statements from both sides of the continuing conflict in the west Philippine Sea.
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What is the UNCLOS?
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The*United Nations Convention on the Law of the Sea*(UNCLOS), also known as the Law of the Sea Treaty, is the international agreement that defined the limits of the territorial seas of nations and the areas in which they could exploit marine resources.
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It also established the rules for the use of the high seas for international navigation, and outlined the rights and responsibilities of nations in the protection of the marine environment.
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What was the rationale for UNCLOS?
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In the past, the three-mile rule was traditionally used by coastal states to determine the limits of their territorial waters. After World War II, however, states began extending their control beyond previous limits.
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In 1945, due to domestic oil demands, the United States claimed the right to harvest the natural resources in its continental shelf. Chile, Peru, and Ecuador asserted sovereign rights over a 200-mile zone, hoping to limit the access of foreign fishing fleets and prevent the depletion of fish stocks in their adjacent seas.
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Egypt, Ethiopia, Saudi Arabia, Libya, Venezuela, and some Eastern European countries claimed 12 miles as part of their territorial seas. Meanwhile, archipelagic nations such as Indonesia and the Philippines asserted the right to dominion over the waters that separated their islands.
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Because of this multitude of claims and counterclaims, the UNCLOS became necessary to resolve conflicts among countries over the seas adjacent to their coasts.
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When did the agreement come into force?
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After eight years of negotiations, the convention concluded in 1982 and came into force as a binding treaty in 1994.
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Who are the members of UNCLOS?
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As of June 2011, the Convention had 162 signatories. The Philippines signed it on May 8, 1984, while China signed it on June 7, 1996.


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What are the main provisions of the treaty?
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The UNCLOS provides for the following:
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Baseline*– Determined by connecting points on the coastline from a large map, this is the starting point for measuring the maritime territory of a coastal state.
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Territorial sea*– This is the belt of sea 12 nautical miles from the baseline. In this area, the coastal state exercises sovereign rights and may arrest foreign ships.
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Contiguous Zone*– This is the maritime area not exceeding 24 nautical miles from the baselines. The coastal state exercises authority over this area to the extent necessary to prevent infringement of its customs, fiscal, immigration, or sanitation authority over its territorial waters. This is a response to the practice of foreign ships lingering beyond a state’s territorial sea, and thus beyond its criminal jurisdiction, where they commit acts inimical to the coastal state.
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Exclusive Economic Zone or EEZ*– This is the maritime area within 200 nautical miles from a country’s baseline. Within the EEZ, the coastal state has rights over the economic resources of the sea, seabed, and subsoil to the exclusion of other states. However, other nations have the right of navigation and overflight over this area, subject to the regulation of the coastal state.
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Continental Shelf*– This is the seabed and subsoil of the submarine areas adjacent to the coastal state but outside the territorial sea. The continental shelf extends 200 nautical miles, and in some cases may extend up to 350 miles, following the natural prolongation of the soil. The coastal state has the right to explore and exploit the natural resources in this area, but this right does not extend to other materials such as shipwrecks.
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What are the penalties for failure to comply with the provisions of UNCLOS?
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In case of disputes, states are mandated to settle their dispute by peaceful means. This may be done through an arbitration procedure of their choice. If no settlement is reached through an arbiter, they can bring the case to the ITLOS, the International Court of Justice (the tribunal of the United Nations), or a special tribunal. These tribunals mete out the penalties, which may be in the form of payment of reparations.
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What is the ITLOS?
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The*International Tribunal on the Law of the Sea is the court created under*UNCLOS to settle disputes between states. These include matters regarding the interpretation or application of the Convention, and other issues that may be submitted to it for adjudication by the parties. It also has the power to issue advisory opinions.
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The Tribunal has 21 judges from various states and is based in*Hamburg, Germany.
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Has the ITLOS resolved any case so far?
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To date, 19 cases have been submitted to the Tribunal. Two cases are pending before the Tribunal.
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One of the cases handled by the ITLOS was the complaint from New Zealand and Australia regarding Japan’s experimental fishing program, which they said resulted in the overfishing of Bluefin Tuna. ITLOS provisionally ordered the parties to keep catches to the level they had agreed on, and to refrain from conducting fishing programs.

- YA/GMA News
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References & relevant links:
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UNCLOS and EEZ

ITLOS

UNCLOS membership

History of UNCLOS

[cebuboy]

Can't really blame the Americans for sitting on the fence...

After all, we kicked them out during 1991, and we left them in Iraq for one sorry excuse of a truck driver who should not be there in the first place...

jm2c...

[jimbullet]

Plus on a global scale, there is already tension between China and the US given the issue with the chinese activist, and no one would probably want to add further tension to the current situation.

[jprj]

With raging heart, I see this as a loosing battle for us. Any wisdom or brilliant idea that you can share?

[PMMA97]

Originally Posted by jprj

"While we do not take sides on the competing sovereignty claims to land features in the South China Sea, as a Pacific power, we have a national interest in freedom of navigation, the maintenance of peace and stability, respect for international law, and the unimpeded, lawful commerce across our sea lanes," Clinton said.

Sana man lang tinawag na West Philippine Sea yung area...

[PMMA97]

Originally Posted by cebuboy

Can't really blame the Americans for sitting on the fence...

After all, we kicked them out during 1991, and we left them in Iraq for one sorry excuse of a truck driver who should not be there in the first place...

jm2c...

Ano na nangyari sa Visiting Forces Agreement at Mutual Defense Treaties?

[jimbullet]

The defense treaties are there and will remain to be there but can the Phils call on that in a situation where ownership is in question?

I am sure that the American forces will immediately come to our rescue should say foreign enemies occupy say Batanes or any island of the Phils which ownership has been established however in the the current case, ownership is in dispute and in question.

[jprj]

Originally Posted by PMMA97

Sana man lang tinawag na West Philippine Sea yung area...

Tama ka. I share the same sentiments.

[BrassKnuckle]

Originally Posted by jprj

With raging heart, I see this as a loosing battle for us. Any wisdom or brilliant idea that you can share?

Let's just wait for typhoon season and let "Haring Habagat" deal with those Chinese ships. Given that most tropical cyclones follow a Philippines-to-China trajectory, those ships will be pounded all the way home... or wind up as artificial reefs.

The DFA has also decided to unilaterally raise this issue to ITLOS. If they rule in our favor, that will make the Chinese presence in Panatag Shoal a matter of foreign aggression and allow us to call on our mutual defense treaty partners to help us deal with the situation.

Yun lang siguro ang hinihintay ng US - na nasa lugar lahat bago sila pumapel para wala rin masabi ang China. It was after their meetings in Washington that DFA Sec. Del Rosario announced that we are unilaterally raising the issue to ITLOS.

[jprj]

http://globalnation.inquirer.net/360...nese-territory

An anchor on China’s state-run television network has accidentally declared the Philippines a part of China, in an embarrassing gaffe as tensions between the two nations run high.

He Jia, anchor for China Central Television’s (CCTV) nationally televised news broadcast, made the claim during a late Monday broadcast that has been relentlessly replayed on the Internet.

The presenter apparently meant to say that the Huangyan Islands—known in the Philippines as the Panatag (Scarborough) Shoal, and claimed by both nations—are Chinese territory.

[randr1979]

any chance they will actually invade us?

[Allegra]

full scale invasion? i doubt it
Madami magagalit
sea battle sa disputed areas more likely
They can defend their action by saying they are just protecting their territory
Sayang mga Navy ships natin
Let's just bring old fishing boats sa Panatag and blow them up
Then let's blame China and take it to the UN

[Sealander]

Invasion? 3 million sundalo na intsik lang lumusob sa Pilipinas tapos na ang laban. Ilan ba ang sundalo natin? Wala pa 400K.

Pakiusap lang sa China please huwag na kayo magpadala ng warship sa Panatag kasi wala na kami maipapadala pang ibang barko.

This shows the sorry state of our defense forces. Ano na ngyari sa pera na pinagbentahan ng Fort Bonifacio na dapat gagamitin sa pag modernize ng ating sandataang lakas. Malamang ang na modernize eh ung mga Pajero at Expedition ng mga kurakot. Isipin nyo nalang isang clerk lang sa customs naka Porche. Tsk tsk. Onli in the Pinas!!!


Outdoor Hub mobile, the outdoor information engine

[jprj]

Originally Posted by Allegra

Let's just bring old fishing boats sa Panatag and blow them up
Then let's blame China and take it to the UN

I like this Sir. +1

[jprj]

Mike K Cohen · 122 subscribers
19 hours ago near Quezon City ·
Latest China actions in South China Sea clearly a slap in the face of the US Senate - same time last year almost - China was harassing Vietnamese and Philippine vessels. BUT - in election season US Administration and most US senators seem so silent... no resolutions, no statements, even with repeated threats of military action vs. a US treaty ally:

FLASHBACK: China has been carrying out calculated acts of naval harassment in the South China Sea,” Inhofe said. “Seeing this negative trend which threatens the freedom of navigation as well as the national security interests of the United States and its allies in the region, we introduced this Senate resolution. China needs a clear message that their continued harassment will no longer be tolerated. I am pleased that the U.S. Senate sent that clear message in a unified manner. It lets Communist China know they must halt their aggressive behavior and return to the pledge made in 2002 to resolve this dispute peacefully.”

“A growing number of nations around the South China Sea are now voicing serious concerns about China’s pattern of intimidation. These nations include Vietnam and the Philippines, as well as countries such as Singapore that do not have a stake in the territorial disputes,” said Webb. “This is a significant development toward fostering a multilateral approach to resolve these territorial disputes in a peaceful manner, respecting the sovereignty of all claimants.”

“The United States has a clear strategic interest in facilitating such a multilateral approach, ensuring open access to international waters and air space, and promoting adherence to international law,” said Webb.

[jprj]

Consulate advisory in Shanghai.....

[dude.bandit]

Mayor Alfredo Lim wants to include this issue sa curriculum ng Highschool students para mainitindihan nila ang ipinaglalaban ng Pinas.

[PMMA97]

Originally Posted by jprj

Consulate advisory in Shanghai.....

An advisory with the same tone was issued after the Manila hostage crisis.

A source who is based in the diplomatic area in Beijing told me that all is well there.

[PMMA97]

http://thenutbox.wordpress.com/2012/...angerous-game/

[jprj]

http://www.asianewsnet.net/home/news.php?id=30876

[jprj]

http://www.abs-cbnnews.com/-depth/05...rough-backlash

[jerrytrini]

I was 124 miles east of Scarborough Shoal for three days....but life within the fishing villages continue as normal however vigilant.