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UNDER UNCLOS, CHINA HAS THE RIGHT TO REJECT ITLOS ARBITRATION OVER HUANGYAN. [Copy link] 中文

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Post time 2013-1-10 13:58:15 |Display all floors
This post was edited by abramicus at 2013-1-11 17:21

THE FACTS STRAIGHT FROM THE UNCLOS THAT COMPLETELY REFUTE THE PHILIPPINE DEMAND FOR ITLOS ARBITRATION:

The Philippines has no basis for mandating ITLOS arbitration over the sovereignty of China over Huangyan, and cannot find proof for it, using excerpts only that omit the exceptions to their quotes.  The UNCLOS excludes matters of sovereignty from mandatory arbitration by ITLOS.  China was following the rules of UNCLOS, but the Philippines was the one trying to circumvent it, by casting aspersions on China for exercsing its RIGHT under UNCLOS to reject the Philippine demand for ITLOS arbitration.

The passage from the UNCLOS that the Philippines dares not quote is as follows:

Article 298

Optional exceptions to applicability of section 2

1. When signing, ratifying or acceding to this Convention or at any time thereafter, a State may, without prejudice to the obligations arising under section 1, declare in writing that it does not accept any one or more of the procedures provided for in section 2 with respect to one or more of the following categories of disputes:

(a) (i) disputes concerning the interpretation or application of articles 15, 74 and 83 relating to sea boundary delimitations, or those involving historic bays or titles, provided that a State having made such a declaration shall, when such a dispute arises subsequent to the entry into force of this Convention and where no agreement within a reasonable period of time is reached in negotiations between the parties, at the request of any party to the dispute, accept submission of the matter to conciliation under Annex V, section 2; and provided further that any dispute that necessarily involves the concurrent consideration of any unsettled dispute concerning sovereignty or other rights over continental or insular land territory shall be excluded from such submission;

(ii) after the conciliation commission has presented its report, which shall state the reasons on which it is based, the parties shall negotiate an agreement on the basis of that report; if these negotiations do not result in an agreement, the parties shall, by mutual consent, submit the question to one of the procedures provided for in section 2, unless the parties otherwise agree;

(iii) this subparagraph does not apply to any sea boundary dispute finally settled by an arrangement between the parties, or to any such dispute which is to be settled in accordance with a bilateral or multilateral agreement binding upon those parties;

(b) disputes concerning military activities, including military activities by government vessels and aircraft engaged in non-commercial service, and disputes concerning law enforcement activities in regard to the exercise of sovereign rights or jurisdiction excluded from the jurisdiction of a court or tribunal under article 297, paragraph 2 or 3;

(c) disputes in respect of which the Security Council of the United Nations is exercising the functions assigned to it by the Charter of the United Nations, unless the Security Council decides to remove the matter from its agenda or calls upon the parties to settle it by the means provided for in this Convention.

2. A State Party which has made a declaration under paragraph 1 may at any time withdraw it, or agree to submit a dispute excluded by such declaration to any procedure specified in this Convention.

3. A State Party which has made a declaration under paragraph 1 shall not be entitled to submit any dispute falling within the excepted category of disputes to any procedure in this Convention as against another State Party, without the consent of that party.

4. If one of the States Parties has made a declaration under paragraph 1(a), any other State Party may submit any dispute falling within an excepted category against the declarant party to the procedure specified in such declaration.

5. A new declaration, or the withdrawal of a declaration, does not in any way affect proceedings pending before a court or tribunal in accordance with this article, unless the parties otherwise agree.

6. Declarations and notices of withdrawal of declarations under this article shall be deposited with the Secretary-General of the United Nations, who shall transmit copies thereof to the States Parties.


It is the Philippine government and its apologists who seem not to have read the UNCLOS after all . . .

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Post time 2013-1-10 23:04:47 |Display all floors
This post was edited by st_jb at 2013-1-12 03:06

What's this foolishness all about?

What makes you think that you have the correct interpretation of this particular article? Why do you think China should not be subjected to dispute settlement of UNCLOS? What is your argument?

It's not for China to decide on whether the dispute in West Philippines Sea needs to be submitted for arbitration or not. Under article 300 of UNCLOS, Philippines and other claimants may be invoke dispute settlement system since China has unilaterally took action in the disputed area, i.e. oil drilling and gas exploration.

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Post time 2013-1-11 00:27:20 |Display all floors
Another nonsense post by Mr. nonsense !
It is indeed very practical that the party is  judge, legislator, head of the army, executor  and  publisher  all in one in China.

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Post time 2013-1-11 00:29:43 |Display all floors
Another nonsense post by Mr. nonsense !
It is indeed very practical that the party is  judge, legislator, head of the army, executor  and  publisher  all in one in China.

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Post time 2013-2-20 20:05:11 |Display all floors
The Chinese government rejected the UNCLOS arbitration for only one reason, GREED

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