China: We respect Philippines' rights over Benham Rise

Chinese Foreign Ministry spokesperson Hua Chunying said that China has no intention of challenging the Philippines' rights over Benham Rise. FMPRC/Released

Beijing clarified that it fully respects the Philippines' rights over the continental shelf in Benham Rise following reports about Chinese survey ships cruising near the region.

"I wish to reiterate that China fully respects the Philippines' rights over the continental shelf in the 'Benham Rise' and there is no such thing of China challenging those rights," Chinese Foreign Ministry spokesperson Hua Chunying said in a press briefing Tuesday.

Defense Secretary Delfin Lorenzana had described China's latest move as "very concerning" and ordered the Navy to drive away the service ships.

President Rodrigo Duterte, on the other hand, said that those were just research vessels and have not intruded the country's territorial waters.

The Chinese Foreign Ministry welcomed the remarks of Duterte and stressed that China and the Philippines had a "friend exchange of views" on the matter.

Hua stressed that under international law, China can enjoy freedom of navigation in the region.

"But the basic principle of international law says that the [exclusive economic zone] and the continental shelf do not equate with territories, and a littoral state's exercise of rights over the continental shelf should not hamper such rights as freedom of navigation enjoyed by other countries under international law," Hua said.

The Chinese Foreign Ministry noted that the bilateral relationship between the Philippines and China is developing with "sound momentum and practical cooperation."

"From China's point of view, we attach great importance to the good neighborly and friendly partnership with the Philippines, and stand ready to work with the Philippines to implement the two Presidents' consensus of 'upholding good neighborly and friendly cooperation, appropriately handling differences, and pursuing common development,' bear in mind the larger picture of bilateral relations, continue to enhance mutual understanding and mutual trust, deepen friendly cooperation, and strive for the continued, sound and steady development of bilateral relations," Hua said.

Chinese Foreign Ministry spokesperson Geng Shuang earlier said that the Philippines cannot claim Benham Rise as its own territory despite the award of the United Nations (UN).

READ: China: Philippines can't claim Benham Rise

In 2012, the UN Commission on the Limits of the Continental Shelf approved the submission of the Philippines with respect to the limits of its continental shelf in the Benham Rise region.

A large part of the Benham Rise is within the 200-nautical-mile exclusive economic zone and continental shelf of the Philippines. An additional area of seabed extending around 150 nautical miles was claimed by the country as its extended continental shelf.

University of the Philippines Institute for Maritime Affairs and Law of the Sea Director Jay Batongbacal said that the region may not be in the same sense as a land territory, but is a territory for the purposes of the country's laws and regulations over natural resources.

"The 1987 Constitution considers as legally part of the National Territory all areas over which the Philippines has sovereignty or jurisdiction; Benham Rise falls squarely within this definition," Batongbacal said in a Facebook post. - philSTAR

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FORBES: The Philippines Should Sue China For $190.08 Billion USD In South China Sea Rent And Damages

This Monday, May 11, 2015, file photo, taken through a glass window of a military plane, shows China’s alleged on-going reclamation of Mischief Reef in the Spratly Islands in the South China Sea. China’s campaign of island building in the South China Sea might soon quadruple the number of airstrips available to the People’s Liberation Army in the highly contested, environmentally delicate, and strategically vital region. (Ritchie B. Tongo/Pool Photo via AP, File)

The Philippines Should Sue China For $177 Billion In South China Sea Rent And Damages

China owes the Philippines and other countries more than $177 billion in rent and damages for China’s South China Sea fiasco. The Permanent Court of Arbitration found on Tuesday that Mischief Reef is a low-water elevation and within Philippines’ exclusive economic zone. This gives the Philippines’ indisputable legal rights to the reef. But since 1995 when China occupied the reef, China irreparably harmed the reef’s delicate marine ecosystem by dredging and building an artificial island there, including a military garrison and air-strip. By my estimate, China owes the Philippines $12.4 billion in rent and damages for Mischief Reef alone. Considering other Chinese island-building, the country owes the Philippines and other claimant countries more than $177 billion. If China doesn’t want to pay, the Philippines can sue in the courts of the U.S. and other countries where China holds property.

Billing Computation is a separate computation provided by the PesoReserve.com

Here is how to calculate what China owes. In 2015, the U.S. paid $1.97 million to the Philippines for 0.58 acres of coral reef destroyed when the USS Guardian went aground. That is a key reference point for environmental claims. Rent is even more costly. In 1988, the Philippines demanded $1.2 billion from the U.S. in rent for 6 military bases — $200 million each per year in 1988 dollars. The U.S. refused and got evicted.

By those metrics, the Philippines could sue China for about $4.6 billion of environmental damages to Mischief Reef in 2016 dollars, plus the requirement to pay $7.8 billion in rent. If China refuses to pay the combined $12.4 billion, the Philippines could seek redress in foreign civil courts to attach China’s offshore assets — of which there are plenty.

But China is liable for much more.  China occupied six additional features in 1988 in the Spratley’s claimed by the Philippines, plus Scarborough Shoal in 2012.

The Philippines did not resist because they justifiably feared violence on the part of China. In 1988, Vietnam claims that China killed 64 Vietnamese soldiers who resisted on Johnson South Reef in the Spratley’s. China disputes the claim, but according to historian and BBC reporter Bill Hayton, “Strangely, a propaganda film released by the Chinese Navy in 2009 to celebrate the navy’s 60th anniversary gives more credence to the Vietnamese version. The video, now available on YouTube, was shot from one of the Chinese ships and shows the Vietnamese force standing knee deep in water as the tide rises over the reef. Huge spouts of water then erupt around the Vietnamese troops as the Chinese ships open fire. Within seconds the thin line of men has completely disappeared and 64 lie dead in the water: the machine guns are Chinese and the victims Vietnamese. The Chinese won the battle of Johnson Reef with a turkey shoot.”

China occupied six features within Philippines’ claim in 1988: Hughes Reef, Johnson South Reef, Gaven Reef, Subi Reef, Fiery Cross Reef, and Cuarteron Reef. China has since dredged and built on all these reefs. Based on Philippines’ 1988 demand for rent from the U.S., each of these six features should yield (in 2016 dollars) about $10.3 billion for 29 years of use — a total of $62 billion.

China occupied Scarborough Shoal in 2012, but has not yet built there. There are no known environmental damages to the shoal, but rent for five years should be about $1.8 billion (inclusive of 2012 and 2016).

By my count, and including the $7.8 billion in rent for Mischief Reef, China owes the Philippines about $71.6 billion in rent for occupation of all 8 China-occupied features in the Philippines’ claimed part of the South China Sea.

In addition, the Court found that China destroyed a total of 48 square miles in the South China Sea through illegal dredging and artificial island building. Based on the $1.97 million paid by the U.S. to the Philippines in 2015 for the grounding of the USS Guardian, an international court could levy a $105 billion fine on China for ecological destruction of all 48 square miles, payable to the Philippines and other claimant states.

Should China refuse to pay, the Philippines and other claimants can bring civil suits in the U.S. and any other locations where China holds substantial assets. The total levy on China for rent on Philippine-claimed features, plus ecological damage to the entire South China Sea, should be about $176.6 billion: double Philippines’ annual GDP, and about a third of China’s GDP. That doesn’t include rent payable to other claimants, which should also be paid.

When China vacates its artificial islands in the South China Sea and pays this fine, plus rent to other claimants and any additional payments to the families of those killed, most attentive citizens will consider justice to have been done. Until then the international ruling in favor of the Philippines, as China has said, is just a sheet of paper. - FORBES

Anders Corr

CONTRIBUTOR

I worked in military intelligence for five years, including on nuclear weapons, terrorism, cyber-security, border security, and counter-insurgency. I covered and visited Asia and Europe, and worked in Afghanistan for one and a half years. I have a Ph.D. in Government from Harvard University, and a B.A. and M.A. in international relations from Yale University (Summa cum laude). My company, Corr Analytics, provides political risk analysis to commercial, non-profit, and media clients, and publishes the Journal of Political Risk. I am editing a series on the South China Sea conflict, and have covered and visited Africa, the Middle East and Latin America.

The author is a Forbes contributor. The opinions expressed are those of the writer.

I cover international politics, security and political risk.

Follow me on Twitter @anderscorr. If you have any additional information related to this article, contact me at corr@canalyt.com.

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AFP is reinforcing rusting Navy ship on Spratly Ayungin reef outpost with Welding and Cement

Filipino soldiers wave from the dilapidated Sierra Madre ship of the Philippines Navy as it is anchored near Ayungin shoal (Second Thomas Shoal) in the Spratly group of islands in the South China Sea, west of Palawan, Philippines, in this photo taken in May. Photo: Reuters

Philippines reinforcing rusting Navy ship on Spratly reef outpost

Manila:  The Philippines navy is quietly reinforcing the hull and deck of a rusting ship it ran aground on a disputed South China Sea reef in 1999 to stop it breaking apart, determined to hold the shoal as Beijing creates a string of man-made islands nearby.

Using wooden fishing boats and other small craft, the navy has run the gauntlet of the Chinese coastguard to move cement, steel, cabling and welding equipment to the BRP Sierra Madre since late last year, according to two navy officers who have been inside the vessel.

The BRP Sierra Madre, a marooned transport ship which Philippine Marines live on as a military outpost, photographed last year. Photo: Reuters

The 100 meter-long tank landing ship was built for the US Navy during World War Two. It was eventually transferred to the Philippines navy, which deliberately grounded it on Second Thomas Shoal to mark Manila's claim to the reef in the Spratly archipelago of the South China Sea. A small contingent of Philippine soldiers are stationed onboard.

Manila regards Second Thomas Shoal, which lies 195 km south-west of the Philippines region of Palawan, as being within its exclusive economic zone. China, which claims virtually all the South China Sea, says the reef is part of its territory.

"We know China has been waiting for the ship to disintegrate but we are doing everything to hold it together," said one of the officers, adding that while the work was progressing slowly, it should be finished by the year-end.

A newly deployed Philippine Marine, part of a military detachment stationed aboard the BRP Sierra Madre, fishes near the ship in the disputed Second Thomas Shoal, part of the Spratly Islands in the South China Sea in this photo taken last year. Photo: Reuters

The other naval officer said welding was being done at night because of the heat. Concrete foundations were being laid inside the ship's hull to try to stabilize it, he added.

Without giving exact dates, both sources said they witnessed the repairs taking place earlier this year. They declined to be identified because they were not authorized to speak to the media. The soldiers currently stationed on the ship, who are demolition experts, were doing the work, said the second source.

Just to the west of Second Thomas Shoal is Mischief Reef, one of seven coral formations in the Spratlys that China is rapidly turning into islands that Beijing says will have undefined military purposes.

Vietnam, Malaysia, Taiwan and Brunei also have overlapping claims to the Spratly waterway, which is some 1,100 km from the Chinese mainland.

Asked about the repairs, Philippine Foreign Ministry spokesman Charles Jose declined to comment. But such work would not violate an informal code of conduct signed in 2002 by China and south-east Asian states that prohibited any change to the status quo in disputed areas, he said.

"In our view, repairs and maintenance of existing facilities are allowed ... especially if such repairs and maintenance work are for the safety of our personnel and safety of navigation," Mr Jose added.

A Philippines general familiar with the repairs  said the ship's hull and deck were being strengthened, and air-conditioning units added.

"We are improving the living quarters inside, to make life for our soldiers more comfortable," he said, declining to give further details about the repairs or to be identified.

Photos show a pockmarked vessel covered in rust, sitting on the permanently submerged reef but listing slightly to one side. Much of the boat's hull is visible.

Besides being a military outpost, the BRP Sierra Madre is also a commissioned Philippine navy ship.

That means Manila could request U.S. military assistance under a decades-old security treaty with Washington if the ship was attacked, said senior Philippine military officials.

"Even if it's covered with rust, it will remain an active duty commissioned navy ship. It's a symbol of our sovereignty," said the Philippine general.

Second Thomas Shoal illustrates the mismatch in power between the Philippines and China.

Since the start of 2014, the Philippine navy's regular attempts to resupply soldiers on the BRP Sierra Madre with food and water have become a cat-and-mouse routine, with large Chinese coastguard vessels on patrol in the area trying to block the path of the smaller Philippine boats, naval officials said.

The Philippine vessels have always got through by making a run for the shoal's shallow waters, which aren't deep enough for the Chinese coastguard, naval officials said. The tear-shaped shoal itself is large, some 10-11 nautical miles from top to bottom.

Zhang Baohui, a mainland security expert at Hong Kong's Lingnan University, said Beijing would be angry about the repairs, adding that Chinese ships would probably continue their "menacing" tactics. But they would not do anything that could be considered an act of war, Dr Zhang said.

"The larger geo-strategic context is more important than Second Thomas Shoal," he said. - Reuters/The Sydney Morning Herald

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Google Maps removes Chinese name for disputed South China Sea reef Scarborough Shoals

Google Maps shows the name Scarborough Shoal for the disputed island Photo: Google Maps

Google drops Chinese name from Maps after South China Sea controversy

Following pressure from the Philippines, Google redacts the Chinese name for the disputed Scarborough Shoal in the South China Sea

Google has removed the Chinese name for a disputed shoal in the South China Sea from its Maps service, following protests from Philippine citizens.

Google Maps English service on Tuesday corrected the labeling of the atoll to read Scarborough Shoal, the internationally neutral term for the territory claimed by both the Philippines and China.

Chinese protesters in Los Angeles, part of an escalating territorial dispute over the Huangyan Island, the Chinese name for Scarborough Shoal (Alamy)- image: The Telegraph

The move came after more than 2,000 people signed an online petition on Change.org asking for Google to stop identifying the shoal as part of China’s Zhongsha Island chain.

“We’ve updated Google Maps to fix the issue. We understand that geographic names can raise deep emotions which is why we worked quickly once this was brought to our attention,” Google’s office in Manila said in a statement.

In 2012, China and the Philippines engaged in a standoff at Scarborough Shoal, a rich fishing ground, after a Philippine warship attempted to expel Chinese fishing boats in the area. China has controlled the shoal since, though it is some 650 km away from Hainan island, the nearest major Chinese landmass.

China bases its claim to the area on its “nine-dash line”, a demarcation based on historical records that decrees almost the entire to South China Sea as Chinese territory.

A Filipino holds a sign during a demonstration in front of the Chinese embassy in Los Angeles (Alamy) - image: The Telegraph

The Philippines claims the shoal as part of its exclusive economic zone under the UN Convention on the Law of the Sea (UNCLOS).

“China’s sweeping claim of South China Sea under their nine-dash line purportedly historical boundary is illegal and is creating tension among nations,” the petition read.

“Google maps showing this is part of Zhongsha island chain gives credence to what is plainly a territory grab that peace loving nations should stand against.”

Construction at Kagitingan (Fiery Cross) Reef in the disputed Spratly Islands in the south China Sea by China (EPA) -image: The Telegraph

The kerfuffle comes at a moment when tension between China and the Philippines over South China Sea territory is high, following months of rapid and dramatic land reclamation work by China on the Spratly Islands, another disputed archipelago.

Last week the Philippines launched a case in the Permanent Court of Attribution in The Hague in an attempt to prove that China’s “nine-dash line” claim is incompatible with UNCLOS. - Source: The Telegraph

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The Fate of West Philippine Sea/South China Sea at the United Nation's Tribunal begin its Journey in Hague vs China

The Philippine delegation, with lawyers and advocates, before the start of Commencement of the 1st Round of Philippines Argument.- Image CNN Philippines

South China Sea dispute: Philippines warns China flouting UN maritime laws

THE HAGUE: The Philippines has appealed to an international tribunal to declare China's claims to most of the South China Sea illegal, warning the integrity of United Nations' maritime laws is at stake.

In opening comments to the tribunal in the Hague on Tuesday, Foreign Secretary Albert del Rosario said the Philippines had sought judicial intervention because China's behavior had become increasingly "aggressive" and negotiations had proved futile.

Del Rosario said the UN's Convention on the Law of the Sea, which the Philippines and China have both ratified, should be used to resolve their bitter territorial dispute.

"The case before you is of the utmost importance to the Philippines, to the region, and to the world," del Rosario told the tribunal.

"In our view, it is also of utmost significance to the integrity of the convention, and to the very fabric of the legal order of the seas and oceans."

China insists it has sovereign rights to nearly all of the South China Sea, a strategically vital waterway with shipping lanes through which about a third of all the world's traded oil passes.

Its claim, based on ancient Chinese maps, reaches close to the coasts of its southern neighbors.

The Philippines, Vietnam, Malaysia, Brunei and Taiwan also have claims to parts of the sea, which have for decades made it a potential military flashpoint.

Tensions have risen sharply in recent years as a rising China has sought to stake its claims more assertively.

Following a stand-off between Chinese ships and the weak Filipino Navy in 2012, China took control of a rich fishing ground called Scarborough Shoal that is within the Philippines' exclusive economic zone.

China has also undertaken giant reclamation activities that have raised fears it will use artificial islands to build new military outposts close to the Philippines  and other claimants.

China has rejected all criticism over its actions, insisting it has undisputed sovereign rights to the sea.

However del Rosario told the tribunal in the Hague that China's argument of claiming the sea based on "historic rights" was without foundation.

"The so-called nine dash line (based on an old map used by China) has no basis whatsoever under international law," he said.

The Philippines submitted its case to the Hague-based Permanent Court of Arbitration, a 117-state body that rules on disputes between countries, in early 2013.

Del Rosario's comments, held in closed door proceedings but released by his office in Manila on Wednesday, were part of the Philippines' opening oral arguments.

China has refused to participate in the proceedings and said it will not abide by any ruling, even though it is has ratified the UN's Convention on the Law of the Sea.

However the Philippines hopes a ruling in its favor will pressure China into making concessions.

Any ruling from the tribunal is not expected until next year.

The week covering July 7 to 13 will be pivotal to the Philippines’ legal battle to assert its claims over the portion of the South China Sea that it calls the West Philippine Sea.- Image CNN Philippines

Day 1: PH begins arguments in The Hague

On July 7, 2015, the Philippines has begun arguing before the Permanent Court of Arbitration in The Hague that the treaty-based court has jurisdiction — and should intervene — in the country's dispute with China over the West Philippine Sea.

Malacañan said the first day of hearings began with Solicitor General Florin Hilbay's introduction of the Philippines' case, and his presentation of the order of speakers.

Foreign Affairs Secretary Albert del Rosario made a plea for the tribunal to recognize its jurisdiction. He noted that the case is important not just to the country but also to the global community, owing to its impact on the rule of law in maritime disputes.

Paul Reichler, chief counsel of the Philippines, presented the justification for the five-man tribunal's jurisdiction over the Philippine claims under the United Nations Convention on the Law of the Sea (UNCLOS).

Reichler was followed by Philippe Sands, who explained that the Philippines did not raise questions of sovereignty over land or maritime delimitation.

Sands is the director of the University College London's Centre on International Courts and Tribunals.

The first round of Philippine arguments will continue Monday  (July 8) with two more hearings, from 4 p.m. to 7 p.m. and 8:30 p.m. to 11:30 p.m., Philippine time.

A few hours before the hearing, Undersecretary Abigail Valte, deputy presidential spokesperson, told CNN Philippines that the delegation is cautiously optimistic that the tribunal would rule in favor of Philippine' on the jurisdiction issue.

Valte is also in The Hague with the Philippine delegation.

"We have been preparing every day, every step of the way to come to a proceeding like this," she said.

China has refused to take part in the proceedings. It prefers to conduct bilateral talks with the Philippines. Sources: CNN Philippines and The Economic Times

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The Philippines Starts - Online Protest Against China's Invasion in Spratlys of the Philippines Waters

While the Malacañang Palace Manila said that preparations are underway for the Philippines’ protest before the United Nations Convention on the Laws of the Sea (UNCLOS) on the Spratlys issues, the online protest headed by young Filipino Netizens is already started today June 4, 2011.

Filipinos are aware of the laws in UNLCOS and Filipinos are confident that the UNCLOS will listen in their protest as it is the law of the sea formulated by the United Nations. The 200 Nautical Mile Economic Zone is stressed in the protest that china must obey the law of the United Nations.

Filipinos are fighting for their territory as it is under the Philippine water where most of the Islands of the Spratly are located.

Other group of Filipinos want to ask the government to issue an order to drive away all countries invading the island within the Philippine territory of 200 Nautical Miles Exclusive Economic Zone by the UNCLOS.

Online Protest stressed the message below as shown in the site http://spratly.highkot.com/

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WE FILIPINOS AROUND THE WORLD DENOUNCED THE INVASION OF CHINA IN OUR PHILIPPINE WATERS IN THE WEST PHILIPPINE SEA. WE CALL THE UNCLOS TO ACT OF THIS CHINA’S BELLIGERENCE IN OUR COUNTRY. WE CALL THE UNCLOS TO CONDEMN CHINA’S AGGRESSION

Our Spratly Islands – ( Kalayaan Island Group (KIG), of the Republic of the Philippines is harmed by China . It is in the our West Philippine Sea, within the Philippine waters of the UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) - 200 Nautical Mile Exclusive Economic Zone of the Republic.

• We condemn the chinas’s abuse of power in Asia.

• We denounce the china’s invasion to the Philippine waters

• We criticize the china’s firing of the Filipino Fishermen in the Philippines waters

• We call the UNCLOS to CONDEMN china for their illegal excursion to the Philippine territory

• We call UNCLOS to act on china’s violation of 2002 Association of Southeast Asian Nations (ASEAN)-China Declaration on the Conduct of Parties (DOC) in the South China Sea

• We call the united nation to CONDEMN china’s triggering tension in the ASEAN Nation.

WE FILIPINOS AROUND THE WORLD ARE PEACE LOVING PEOPLE AND WE DENOUNCED CHINAS AGGRESSION TO OUR PHILIPPINE TERRITORY

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Deputy presidential spokesperson Abigail Valte said the government is preparing what it can present to the UNCLOS.

“We will prepare accordingly and we hope for the best and again, we prepare for the worst,” she said. “We reiterate our commitment to resolve the dispute peacefully.”

Valte said that President Aquino has always pushed for a “diplomatic resolution of any conflict that will arise in connection with the West Philippine Sea.”

“We wish to stress that the way we are approaching these incidents is that we are fully committed to resolving it in a very diplomatic manner and a peaceful manner as well,” she said.

Malacanang has said that the new construction by China in the West Philippine Sea (South China Sea) is a “cause for concern”

The DFA had requested clarification from the Chinese Embassy on the recent sightings of a China Marine Surveillance (CMS) vessel and other People’s Liberation Army Navy (PLAN) ships at the vicinity of Iroquois Reef-Amy Douglas Bank in the West Philippine Sea. These ships reportedly unloaded building materials, erected an undetermined number of posts, and placed a buoy near the breaker of the Amy Douglas Bank.

The Amy Douglas Bank is located southwest of Recto (Reed) Bank and east of Patag (Flat) Island and is well within the Philippines’ 200 nautical miles Exclusive Economic Zone (EEZ). There are currently no structures on the said bank and the latter is unoccupied, according to a DFA statement.

The posts and buoy placed by the Chinese at the vicinity of the Amy Douglas Bank, however, are about 26 nautical mile east of Patag Island and 125 nautical mile from mainland Palawan.

Foreign Affairs Secretary Albert del Rosario had said that “any new construction by China in the vicinity of the uninhabited Amy Douglas Bank is a clear violation of the 2002 ASEAN-China Declaration on the Conduct of Parties (DOC) in the South China Sea.”

It will be recalled that during the dialogue between President Aquino and Chinese Defense Minister Liang in May, an agreement was forged between China and the Philippines to continue engaging in dialogue towards an amicable settlement on the disputed Spratly islands.

Both parties also agreed that the best way to solve the issue is to continue to engage into dialogue, not just between China and the Philippines, but also other countries that are claimants to the Spratlys.

 

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