Japan - Philippines Tighten Defense Ties for Sea disputes over China

Bolstering defense Japan - Philippines

Japan and the Philippines agreed on during the visit of the Philippines' president to Japan September 27, 2011 to strengthen maritime security ties, while also underscoring the importance of preserving peace and stability in the West Philippines Sea (South China Sea) amid rising tensions with China.

China has pronounced many times that they owned everything the in West Philippines Sea that worries other tiger economies in Asia such as Japan & South Korea which major of their trades are passing the world's most busiest sea in the West Philippines Sea and South China Sea – Spratlys archipelago.

Prime Minister Yoshihiko Noda and the Philippines President Benigno Aquino III met, on a four-day visit to Japan. Japanese Prime Minister told reporters that the two sides committed to bolstering "cooperation between coastguards and defense-related authorities."

A joint statement said bilateral ties have evolved from friendly relations to a "strategic partnership," and called for more collaboration on "regional and global issues of mutual concern and interest." The two countries also agreed to conduct frequent discussions on defense at more senior levels and increase the number of Japan Coast Guard missions to help train their Philippines counterparts.

Although the agreement does not directly mention China, it is a major symbolic step toward a multilateral consensus in Asia on dealing with increasing territorial friction with China.

China maintain its claim to the whole West Philippines Sea & South China Sea  with its 9 dotted map inspite of criticism of the ASEAN neighbor with 200 Nautical Miles Exclusive Economic Zone claim in the sea.

The Philippines and China both lay claim to the Spratly Islands; an archipelago in the West Philippines Sea and South China Sea that geologists think may lie atop significant oil and gas deposits and rumored to be the 4^th largest oil and gas deposit in the world. Philippines' officials have accused Chinese vessels of hindering oil and gas exploration in a portion of the waters known as Recto Bank (Reed Bank) which is just few kilometers off Palawan Province – Philippines says this is not part of the disputed areas. Vietnam, which also claims part of the Spratly chain, has likewise complained of China's increasingly assertive claims in the region.

China's Fishing Vessel tactics

China has been noticed by the neighbors that they are using fishing vessel tactics which equipped with high powered weapon to enter other waters. Japan learned from China's tactic after China invaded the Mischief Reef few kilometers off Palawan province of the Philippines using the fishermen vessel to erect a fishermen shelter then later converted it into a Military Garrison even inside the Philippines territory.

In 2011 alone, Japan intercepted Chinese Fishing vessel entering their waters. Moreover, Indonesia's coastguard also arrested Chinese entering their seas using a fishing vessel.

The recent issue that escalate tension between Vietnam and China happened also this year when Chinese fishing vessel cut the cable of the Petro Vietnam, a Vietnam Government Owned Oil exploration which china alibi as it is just a Chinese Fishing vessel and mistakenly drag the cable but later admitted that Vietnam is illegally operating in the area as they said its owned and they do not violated any law and they are not invading.

The Philippines didn't escape from China's harassment. China harassed Filipino Fishermen in the Philippines Waters saying to leave the area because it belongs to china, then another incident happened when China fired the Filipino Fishermen in the Palawan Sea and put markers in the Island and waters in Palawan shore.

Japan too, has seen its relations with China strained by a territorial dispute, this one over islands in the East China Sea. A war of words broke out between Beijing and Tokyo last autumn following the arrest of a Chinese fishing crew by the Japanese coast guard, and the year since has brought a series of incursions by Chinese ships into the disputed waters. Mr. Noda earlier this month voiced concern over China's military build-up and increased maritime activity near Japan.

The agreement between Japan and the Philippines stresses the two countries' shared interests, bringing the similar but separate maritime squabbles with China under a larger cooperative umbrella.

"The peaceful settlement of disputes serves the interests of the two countries and the whole region," said the joint statement, signed by both leaders. Japan and the Philippines "share the recognition that these same interests should also be advanced and protected in the West Philippines Sea and South China Sea."

Responding to the Japan-Philippines meeting, China's foreign ministry on Tuesday (September 27, 2011) reiterated its claim to the disputed waters in the South China Sea.

"China has indisputable sovereignty over the island and surrounding waters of the South China Sea," said ministry spokesman Hong Lei in Beijing.

Regardless of many criticisms, China never leaves the phrases; "we owned everything" & "China has indisputable sovereignty over the island and surrounding waters". Philippines Challenged China to bring the disputes to the United Nations to end it but China refused and said we are only open to bilateral settlement not to the United Nations. 

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Royal Dutch Shell Plc toplist the Philippines as Investment priority

Royal Dutch Shell- Shell Philippines Exploration BV is interested to invest another $1 billion to increase the production of the Malampaya deepwater gas-to-power project off Palawan and announced earlier that it would pursue its Floating Liquefied Natural Gas (LNG) Project in the Philippines. Shell Philippines vice president for communication Roberto S. Kanapi said there are opportunities for investment and expansion, unlike in the past when the Philippines was placed on low priority.

OIL AND GAS: The fifth largest company in the World - Royal Dutch Shell Plc has placed the Philippines in its investment map as it sees growth opportunities in the country.

The Royal Dutch Shell plc commonly known as Shell is a global oil and gas company headquartered in The Hague, Netherlands and with its registered office in London, United Kingdom. It is the fifth-largest company in the world (and the second-largest energy company) according to a composite measure by Forbes magazine and one of the six oil and gas "Super Majors". It is vertically integrated and is active in every area of the oil and gas industry, including exploration and production, refining, distribution and marketing, petrochemicals, power generation and trading. It also has major renewable energy activities, including in biofuels, hydrogen, solar and wind power.

Shell has operations in over 90 countries including the Philippines and produces around 3.1 million barrels of oil equivalent per day and has 44,000 service stations worldwide

On a press conference in the Philippines, Shell V-President for communication Roberto S. Kanapi told reporters that there were opportunities for investment and expansion in the Philippines, unlike in the past when the Philippines were placed on its low priority.

“Increasing demands, opening of several areas for oil and gas exploration and strengthen competition makes the industry exciting as the Philippines untapped resources opens its gate for early birds. Shell did not show any details yet but putting the Philippines for their high priority of investments might say there are lots of things to happen soon... There are plans for Shell in the Philippines as saw that the Philippines is an attractive market and a growing market at that. And I think the change in governance also helped a lot,” Kanapi explained.

“As for the cases we are facing, we will go to courts with that and that is part of doing business in the Philippines, but we are prepared for that. We are looking more into the opportunities than the threats,” he added.

The Shell Companies in the Philippines is now in the process of completing a study that will determine the next steps for its refinery in Tabangao, Batangas—as to whether it will be expanded or upgraded to cater to the increasing local demand.

Kanapi said that they expected to complete the study next year in 2012. The decision to list Shell on the local bourse would also largely hinge on the results of the study, he added.

Royal Dutch Shell, through its upstream unit Shell Philippines Exploration BV, is likewise showing interest  to invest another $1 billion to increase the production and extend the life of the Malampaya deepwater gas-to-power project off Palawan.

SPEX, along with other consortium members Chevron and PNOC Exploration Corporation, plans to invest about $250 million for the second phase of the Malampaya project, which will entail the drilling and development of two additional wells. This is expected to be completed by February 2014. Another $750 million will be invested for the third phase, which will involve the installation of a new platform where additional equipment and facilities will be housed by December 2015.

“The projects, entailing new investments, are seen to further benefit the Philippines in energy self-sufficiency and government revenues and will continue to be a major source of power for Luzon’s energy requirements in the years to come,” SPEX said.

Meanwhile, Royal Dutch Plc has also expressed interest in participating in the liquefied natural gas program of the government.

Edgar Chua, country chairman for Shell Companies in the Philippines, had said that the company was interested in becoming a supplier of LNG as well as in putting up the necessary infrastructure, including the “regasification” facility and pipelines which required huge investments.

Mr. Chua did not indicate if Shell would be interested in bidding for the proposed 100 kilometer Batangas-Manila natural gas pipeline that will require as much as $1.3 Billion Dollars in investment of which $500 million will go to the construction of the pipeline while another $700 million to $800 million will be needed for the “regasification” facility and the receiving LNG terminal.

Chua only noted that Shell would likely look for other potential local partners for its planned foray into the Philippine LNG industry.

Royal Dutch Shell Plc announced earlier that it would pursue its Floating Liquefied Natural Gas (FLNG) Project in the Philippines.

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Why China refused to bring the Spratlys issue to the United Nations?

Is it because China knew that they can’t win over the spratlys so they refused to raise the Spratlys disputes to the United Nations?

Based on applicable international maritime and related laws, China knows that if she petitions the United Nations International Court of Justice or the International Tribunal for the Law of the Sea to affirm her dubious claim that she owns everything in the South China Sea aka West Philippine Sea — her chances of winning are about as likely as having a snowfall in the Sahara desert.

Both Courts have proper jurisdictions to settle sovereignty issues between nations regarding marine territories — such as those concerning the Spratly and Paracel islands.

Staging …..

Let’s imagine  what most likely would happen if  China does take her case to the International Court of Justice  and the representative of China — let’s call him Mr. Li — is before the Court headed by the Presiding Judge. Consider this scenario:

Judge:  “Please inform this Court of the basis for your claim that the entire South China Sea aka West Philippines Sea belongs completely to the People’s Republic of China?”

Mr. Li: “Thank you, your honor. Our claim is based on the historical fact that this entire area has belonged to us since the Han Dynasty.”

Judge: “How do you intend to prove your case?”

Mr. Li: “I will present to this Court an almost two thousand year old Han Dynasty map that indicates the limits of the Han Dynasty kingdom.”

Judge: “Let’s  assume for purposes of discussion  that  the Philippines, Vietnam, Malaysia, Brunei and other surrounding countries were provinces or part of the Han Dynasty during its time even if the map you hold may just actually be a navigational map which does not really define the limits of the Han Dynasty. Now my study of China’s history indicate that the Han Dynasty lasted from 206 B.C. To 220 A.D.  Is this correct?”

Mr. Li: “Yes your honor.”

Judge: “I assume Mr. Lee that you are familiar with Alexander the Great, the young Macedonian king who conquered much of the ancient world.”

Mr. Li: “I am, your honor.”

Judge: “At the time of his death in 323 B.C., Alexander’s kingdom included Greece, Syria, Persia now known as Iran, Egypt and a part of India. Are you aware Mr. Lee that Macedonia, Alexander’s country — is now known as the Republic of Macedonia?”

Mr. Li: “If you say so your honor.”

Judge: “Good! You appear to know your history. I assume you are also familiar with the Roman Empire which existed for over a thousand years.”

Mr. Li: “Thank you your honor, I do read history.”

Judge: “You are then aware Mr. Lee that at its height, the Roman Empire included most of Europe and parts of Africa and Asia.”

Mr. Li: “I am aware, your honor.”

Judge: “Now Mr. Lee, since the time of Alexander, the Roman Empire and the Han Dynasty — through the course of time and historical events, various  independent countries have emerged in Europe, Africa and Asia — which now have their own respective territories. This is a reality which  we all have to accept, wouldn’t you say?”

Mr. Li: “We cannot deny reality, your honor.”

Judge: “Now Mr. Lee, another undeniable reality is that Alexander’s empire, the Roman Empire and the Han Dynasty kingdom are no longer existent — am I correct in my observation?

Mr. Li: “You are correct, your honor.”

Judge: “Now Mr.Lee, in all candor, do you seriously believe that if the Republic of Macedonia and the Italian government were to come before this Court and petition us to affirm that they own the territories of these now independent countries because they were once a part of Alexander’s empire or the Roman empire — that we would be persuaded to grant these petitions?”

Mr. Li: “I understand what you are getting at, Judge — but most of what we are claiming as ours is marine area and not land.”

Judge: “The Spratlys and the Paracel islands are not land? Anyway, isn’t it a fact that China is a signatory to the 1982 United Nations Convention on the Law of the Sea (UNCLOS) which she ratified on July 6, 1996 thereby agreeing to be bound by its provisions — and part of which is that anything within 200 miles from the baseline of a country belongs to that country?

Mr. Li: “China did agree to those provisions at a time when it was not yet aware of the far reaching consequences of UNCLOS to her national interests.”

Judge: “I will not mince my words Mr. Lee. What you mean is that at that time, the world, including China, was not yet aware, that vast deposits of oil and natural gas were to be found within the territorial limits of neighboring countries. Now because of this awareness, even if China knows she is trespassing and violating international law, she is using the coercive might of her size, military or otherwise — to grab these enormous reserves of petrowealth from the territories of her smaller, weaker, poorer neighbors — who badly need these assets to improve the plight of their own people.

Postscript:  In view of all the facts and existing applicable law, the likelihood is that the UN court will find China’s petition to be without merit.

Notwithstanding requests from the Philippines, neighboring countries and the United States to bring West Philippine Sea sovereignty issues to the United Nations, China has steadfastly refused to do so. Instead, it is constantly involved in mind games, using scare tactics, insisting that everything in the whole West Philippines Sea is theirs and that this issue is non-negotiable.

By so doing, the gigantic oil hungry dragon seeks to condition the national minds of her neighbors to forcibly accept inequitable bilateral settlement agreements — without United Nations or United States involvement. The Philippines, Vietnam and other neighbor countries must not fall into this trap. They should unite and create an alliance and insist — with the aid of the global community, with military means if necessary — that China should respect their rights and leave their national patrimony alone.

The most loudly applauded part of President Benigno Simeon Aquino’s State of the Nation speech was his strong affirmation that what belongs to the Philippines stays in the Philippines. Everyone understood his meaning:  The Philippines will stand firm against China’s bully tactics and mind games in trying to grab our energy and marine resources.

What a big difference to have a trustworthy President who provides moral leadership and looks after the interests of the nation instead of one ready to sell out the country’s patrimony for personal gain.

Source:

http://globalnation.inquirer.net/7319/why-china-will-not-bring-the-spratlys-issue-to-the-united-nations

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