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South China Sea

Provisional measures

Philippine policy makers have confirmed that despite the pendency of its arbitration proceedings under the binding and compulsory dispute settlement procedure of the UN Convention on the Law of the Sea, China is hastening the building of an artificial island in Mabini reef, as well as expanding its existing artificial island in Fiery Reef. Contemporaneous […]

China is challenging UNCLOS

Following is an excerpt from my discussion in the recently concluded 5th Annual Meeting of the Japan Society of International Law held last June 15, 2014 at Chuo University in Tokyo. China’s snub of the Philippine arbitral claim on the West Philippine Sea and its slew of building projects on disputed reefs in the area […]

The Judges of the Nine-Dash lines

The arbitration initiated by the Philippines against China impugning the validity of China’s nine-dash lines appear to be on track. Last week, pursuant to the UN Convention on the Law of the Sea, the Japanese President of the international tribunal on the Law of the Sea (ITLOS) completed the five man tribunal that will rule […]

China advised not to snub arbitration

Opinio Juris First Signs that China Is Taking the Philippines Arbitration Seriously? Posted: 15 Feb 2013 10:35 PM PST by Julian Ku As far as I can tell, the Chinese government continues to pretend as if the Philippines’ Law of the Sea arbitration claim doesn’t exist. Articles like this one suggest the Philippines government continues […]

Seabed a hotbed of controversy for Philippines, China Thomas Maresca, Special for USA TODAY4:34a.m. EST January 22, 2013

China has been dispatching ships and aircraft to enforce its ownership of the South China Sea, infuriating Asian nations whose coastlines also approach the sea. (Photo: Thomas Maresca) STORY HIGHLIGHTS Masinloc fishermen fished in shoal for centuries Seabed also contains huge deposits of oil and natural gas There was a confrontation in April between the […]

‘Critical date’ and Chinese hegemony

China appears to be applying the law literally. The rule is where there is a dispute to territory, the claimant that can show a superior claim to the same, be it land or water, will be adjudged as having title thereto. In land territory, the rule is that discovery alone gives rise to an inchoate […]

Protest Chinese patrols

It is wrong for the government not to file a diplomatic protest over the Chinese naval vessel that was recently grounded 111 nautical miles from Hasa-Hasa in Palawan. No, the protest should not be that it grounded. Surely, a diplomatic protest cannot address the Chinese mariner’s obvious lack of familiarity with the dangerous waters surrounding […]

Beware of Chinese Doublespeak

China’s failure to remove its vessels from Panatag Shoal is clear evidence of Chinese shadow play in the resolution of the dispute. Remember that about a month ago, Chinese authorities declared a fishing ban in the area for a period of two and a half months. Philippine authorities, in an effort to calm the standoff, […]

America: The former superpower

America is now an ex-superpower. First, it ceased to be the biggest economy in the world. It is now only the second-biggest economy. China has long overtaken it and the tables have been turned. Communist China has not only become an economic tiger; it has also become the biggest creditor of capitalist America. And the […]