Space Industry and Business News  
SUPERPOWERS
Facts on Philippines v China
by Staff Writers
Manila (AFP) July 12, 2016


A UN-backed tribunal is on Tuesday expected to deliver a verdict on a Philippine challenge to China's claims to most of the South China Sea.

Spanning three years, two hearings, and nearly 4,000 pages of evidence, the arbitration case at The Hague is complex.

In essence, China claims most of the sea, even waters approaching neighbouring countries, based on a vaguely defined "nine-dash" Chinese map dating back to the 1940s. The Philippines disputes this.

Here are the key facts on the case:

- What is the tribunal and what are its powers?

The tribunal was set up by the Permanent Court of Arbitration, an intergovernmental organisation established in 1899. The PCA has 121 member states, including the Philippines and China. It is allowed to arbitrate on certain matters of international law, including the United Nations Convention on the Law of the Sea (UNCLOS).

The five-member tribunal hearing this case is composed of top maritime affairs experts, with the Philippines appointing one member. China waived its right to choose one arbitrator.

The tribunal has the power to set the rules of procedure and make a decision that cannot be appealed. However the tribunal and the PCA have no means to enforce the verdict, with compliance left to the parties concerned.

- What are Manila's key points?

The Philippines has presented five main claims before the tribunal:

1. China is not entitled to exercise what it calls "historic rights" over waters beyond limits defined in UNCLOS, a treaty to which both the Philippines and China are parties.

2. China's "nine-dash line" has no basis under international law.

3. The various maritime features relied upon by China to assert its claims in the South China Sea are not in fact islands and, as such, are not legally capable of generating such entitlements. China's recent massive artificial island-building does not change the situation.

4. China violated UNCLOS by preventing the Philippines from exercising its fishing and exploration rights.

5. China has irreversibly damaged the environment by destroying coral reefs, using harmful fishing practices, and catching endangered species in the South China Sea.

- Why did Manila take the action?

Under previous president Benigno Aquino, the Philippines said it had exhausted all political and diplomatic avenues to settle the dispute following 17 years of negotiations with China.

The Philippines calls international law "the great equaliser" allowing small countries to challenge more powerful states. A nation of about 100 million, the Philippines has one of Asia's weakest militaries, and its economic and diplomatic clout pales in comparison with China's.

- What is China's position and how will it react?

China denies the tribunal has jurisdiction on the issue and insists that it will ignore the decision.

President Xi Jinping said China would never compromise on sovereignty and warned it was "not afraid of trouble". But it is unclear how aggressively China will react.

China could choose to withdraw from UNCLOS, or begin building on Scarborough Shoal, a fishing ground within the Philippines' exclusive economic zone that it seized control of in 2012.

China could also declare an air defence identification zone over the sea, claiming the right to interrogate aircraft passing through the airspace.

Or it could seek to defuse tensions with the Philippines and enter into direct negotiations.

- If the tribunal cannot enforce its ruling and China has vowed to ignore it, what is at stake?

The Philippines hopes a favourable ruling will help to build international pressure on China to make concessions and reverse or stall its expansionist efforts in the sea. For instance, the United States has already called on both sides to respect the ruling.

The Philippines also hopes a favourable ruling will give it much-needed leverage in any negotiations with China. Ultimately the Philippines wants China to sign a code of conduct for the sea.


Thanks for being here;
We need your help. The SpaceDaily news network continues to grow but revenues have never been harder to maintain.

With the rise of Ad Blockers, and Facebook - our traditional revenue sources via quality network advertising continues to decline. And unlike so many other news sites, we don't have a paywall - with those annoying usernames and passwords.

Our news coverage takes time and effort to publish 365 days a year.

If you find our news sites informative and useful then please consider becoming a regular supporter or for now make a one off contribution.
SpaceDaily Contributor
$5 Billed Once


credit card or paypal
SpaceDaily Monthly Supporter
$5 Billed Monthly


paypal only


.


Related Links
Learn about the Superpowers of the 21st Century at SpaceWar.com
Learn about nuclear weapons doctrine and defense at SpaceWar.com






Comment on this article via your Facebook, Yahoo, AOL, Hotmail login.

Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle

Previous Report
SUPERPOWERS
Beijing will not 'step back' in South China Sea: media
Beijing (AFP) July 8, 2016
Beijing will not take a "single step back" in the contested South China Sea, state-run media said Friday, despite reports of US naval patrols close to its artificial islands ahead of a tribunal ruling on the dispute. China asserts sovereignty over almost all of the strategically vital waters in the face of rival claims from its Southeast Asian neighbours, and has rapidly turned reefs into ar ... read more


SUPERPOWERS
India May Buy Russian Microcircuits for Its Space Program

Space Debris Solutions - Revisited

Researchers improve catalyst efficiency for clean industries

A little impurity makes nanolasers shine

SUPERPOWERS
SES Government Solutions Secures Contract for Thule Tracking Station DS3 Service

MUOS-5 secure communications satellite responding to ground control

How to Improve Enterprise Ground Services for Space

Testing Confirms Intelsat EpicNG Delivers a Whole New Ballgame

SUPERPOWERS
Russia to Continue Rocket Engine Supplies to US Under Existing Contracts

India launches 20 satellites in single mission

LSU Chemistry Experiment Aboard Historic Suborbital Space Flight

Spaceflight contracts India's PSLV to launch 12 Planet Dove nanosats

SUPERPOWERS
Like humans, lowly cockroach uses a GPS to get around, scientists find

Raytheon hits next-generation GPS milestone

China promises GPS system that's "reliable, safe and free"

China promotes int'l development of homegrown GPS system

SUPERPOWERS
Lockheed gets $500M Canadian C130-J support contract

Bell Boeing gets $73 million Osprey contract

Lockheed Martin gets $559 million for Lot 10 F-35s

China firm declares success in $1.5 bn Swiss offer

SUPERPOWERS
Building a better bowtie

New discovery could better predict how semiconductors weather abuse

Researchers develop key power-splitting component for terahertz waves

New, better way to build circuits for world's first useful quantum computers

SUPERPOWERS
SIIS started KOMPSAT-3A commercial services

Vision through the clouds

Experts call for satellite tech to be used in Africa's anti-poaching efforts

Sentinel-1 satellites combine radar vision

SUPERPOWERS
Hong Kong takes aim at China for trash on beaches

Bouncing droplets remove contaminants like pogo jumpers

Scientists find bouncing droplets can remove contaminants

Household fuels exceed power plants and cars as source of smog in Beijing









The content herein, unless otherwise known to be public domain, are Copyright 1995-2024 - Space Media Network. All websites are published in Australia and are solely subject to Australian law and governed by Fair Use principals for news reporting and research purposes. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA news reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. All articles labeled "by Staff Writers" include reports supplied to Space Media Network by industry news wires, PR agencies, corporate press officers and the like. Such articles are individually curated and edited by Space Media Network staff on the basis of the report's information value to our industry and professional readership. Advertising does not imply endorsement, agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. General Data Protection Regulation (GDPR) Statement Our advertisers use various cookies and the like to deliver the best ad banner available at one time. All network advertising suppliers have GDPR policies (Legitimate Interest) that conform with EU regulations for data collection. By using our websites you consent to cookie based advertising. If you do not agree with this then you must stop using the websites from May 25, 2018. Privacy Statement. Additional information can be found here at About Us.