Archives for 

UNCLOS

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 […]

UP PROF: “CHINA CHALLENGING UNCLOS”

REF. Atty Romel Bagares 09166679802 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 are “a serious and belligerent violation of” the UN Convention on the Law of the Sea (UNCLOS), of which it is a member, according to an […]

China’s retaliation?

Former Secretary Raffy Alunan warned on ANC this week that China will retaliate in response to our filing of our Memorial in our  pending arbitration against China under the UN Convention on the Law of the Sea (UNCLOS). Citing the earlier move of China in banning the entry of our bananas into their territory, Alunan […]

Plunder and Malampaya: Justice delayed is justice denied

In February of 2004, civil society led by Bishop Pedro Dulay Arigo of Palawan, Cesar Sarino, the late Dr Gerry Ortega, the late Dr. Jose Antonio Socrates, Prof. Oscar Evangelista and Cesar R. Ventura and I filed suit before the Supreme Court questioning the legality of President Gloria Macapagal Arroyo’s use of the government proceeds […]

Phil State Responsibility for the Shooting in Balintang Channel

Newspapers quoted sources ,who have seen the videotape of our Coastguard’s shooting of the Taiwanese vessel in Balintang channel that killed one Taiwanese fishermen, as saying  that our men were “laughing” as they sprayed the unarmed fishing vessel with no les than 47 rounds of bullets from assault weapons. This should preclude the allegation  of […]

Lessons Learned from the Taiwan Shooting Incident (For Immediate Release)

Ref. Prof. H. Harry L. Roque, Jr. 09175398096 Chair, Center for International Law The recent shooting by the Philippine Coast guard of a lone Taiwanese fisherman illustrates the kind of governmental response that we Filipinos deserve when we ourselves  fall victims to an internationally wrongful act. Under international law, there is state responsibility for an […]

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’s snub: lost opportunity to prove its claim to the West Philippine Sea

Only two hours ago,   the Chinese Foreign Ministry through Ambassador Ma informed Filipino diplomats  that they were rejecting the notice to arbitrate and the statement of claims which the Philippines furnished the Chinese delegation in Manila to arbitrate the legality of the Chinese nine-dash lines under the compulsory and mandatory dispute settlement procedure of the […]

China Snubs Arbitration

A piece of news from xinhua weibo (facebook) an hour ago. Hong Lei spokesman of the Ministry of Foreign Affairs of  China said that Ambassador  Ma met  Philippine diplomats   today. He informed the Filipino diplomats tChina is not acceptable to the note and notice about arbitrition from the Philippine side and therefore returned it. […]

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 […]