SUBMISSIVE & Overflowing PATIENCE of the Philippines to China’s bully landed up to UN Tribunal

By: Prince Dan We

The ill-equipped, small Island Nation and Archipelagic State of more than 7,100 Islands, the Philippines played its vital role in peaceful resolutions for china's invasion in the West Philippine Sea (South China Sea) territories for decades but still failed as china will not cooperate and severely bully this small country resulting to exert the last recourse to seek help from the United Nations.

China as one of the top 3 trading partners of the Philippines always enjoyed so much favor and pampered by the Philippine Government to flourish the importance of friendship and being neighbors and also a historical and ancient trading partner to the Southeast Asian Nation we back since 982 AD onwards as recorded in the history after a merchants from "Ma-i" (now as "Mindoro") brought their first wares to Guangzhou China that invites china to see the existence of the small scattered island kingdoms and begin trading with the several small kingdoms exist of what we called now " group of more than 7,100 islands, the Philippines".

The history says the Philippines and China was once best friends and trading partners since the 982 AD but gradually changed after the perception of the communist china in the present time switched from best friend to an invader and seeks to expand its territory and to take control the territory of the old best friend (A betrayal to a trustworthy friend).

China did not even see and doesn't have any "know how" that the small and scattered kingdoms exists of what we called now Philippines if the traders from "Ma-i" (now as "Mindoro") did not brought their wares to Guangzhou China opposite from china's claim that they makes expedition and discovered the Philippines so now they claimed the Philippines' territory because they are the one who firstly discovered the islands.

The old best friends now turn into a territorial competitor for the hottest territorial disputes in Asia that ends up to severe bullying from the giant china.

The world even noticed how submissive and how deep is the patience of the Philippines to stand and remain calm from the severe bullying of the Asia's giant.

To take note, the Philippines already showed several very unacceptable way of obedience to china's demand just to preserve that friendship resulting to severe bully by illegally taking controls to some Philippine territory and claiming most part of the western part of the country.

Laguna Copperplate Inscription (LCI), the first written document found in a Philippine language. The inscription itself identifies the date of its creation as the year 900AD. When in 1989 Antoon Postma deciphered the text of the Laguna Copperplate Inscription at the National Museum of the Philippines, he discovered that the inscription identified the date of its creation as the "Year of Syaka 822, month of Vaisakha." According to Jyotisha (Hindu astronomy), this corresponded with the year 900 A.D. Prior to the deciphering of the LCI, Philippine history was traditionally considered to begin at 1521, with the arrival of Magellan and his chronicler, Antonio Pigafetta. 

Philippines' submissive action to China's illegal activity in the territory

Illegal Fishing

To avoid a mass discontent to the Philippines government, the previous administration itself tried to hide to the public the reality that china's fishermen are fishing in the Philippine waters which makes the Philippines fishermen think that the Philippine territory where they fish is also a common ground for fishing between china and the Philippines and they both fish harmoniously with Chinese fishermen as acting dominant in the Philippine waters as they are using bigger fishing boats compared to the Philippine small wooden fishing boats.

The China's illegal activity in the rich fish stocks Philippines waters is actually a violation of Philippine law but the Philippine government because of its weakness tolerates the Chinese' illegal activities in the country and keep quiet and avoid the issue to be open in the public but because of the freedom of communications and SMS/texting is available, Filipino fishermen disclosed it to the public resulting to a public outrage to the Philippine government's ineffectivity which giving pressure to the recent administration to act in accordance with the law and tried to find solutions to regain the public trusts.

It could be late or not yet too late but the Chinese fishermen already used to it that they are free to fish in the Philippine waters which they think now that they also owned the area as the Philippine government tolerates them to do so for several decades.

The Philippines is just very lenient in nature in sharing its resources to the neighbors as the culture of giving is well-practiced by every Filipinos. It's not just China actually enjoys the freedom to fish in the Philippine waters but also Vietnam which they even used to reached up to Palawan to fish. In the South, the Philippines and Indonesia also enjoys sharing of their waters to fish in both areas in Celebes Sea. The spirit of giving in both countries for their caught fish is still even enjoyed by both fishermen for Philippines/Chinese or Philippines/Vietnamese even the territorial disputes begun. It is just the government complicate the issue for the business and economic interest but the ordinary people in both countries still enjoyed giving and fishing harmoniously.

Territorial invasion

It has been documented in 1995 during the time of former President Fidel Valdez Ramos when the Philippines discovered the illegal occupancy of Chinese fishermen in the Panganiban Reef or also known as Mischief Reef, a 75 miles from Palawan.  The Philippines wants the Chinese fishermen to dismantle their hide-out but China talked to the Philippines to allow their fishermen use the area for shelter. Since the Philippines still enjoy TRUST and FRIENDSHIP with china, President Ramos allowed them to stay but a surprise burst out to the Philippines when the Filipino Fishermen fishing near the Panganiban reef were captured and jailed by Chinese Military for a week, then China build a Military garrison there and claimed the Panganiban reef as China's territory inside the Philippines. (How untrustworthy china is)  

On July 2012 china's invasion incident happened in Zambales Province in Panatag Shoal or also known as Scarborough Shoal / Bajo de Masinloc (Spanish) when the Philippines restricting the law for the protected and endangered species and the Philippines Coast Guard discovered that china are poaching inside the Philippines territory where boarding of the Philippine Coast Guard to the Illegal poaching Chinese fishermen happened then China's Paramilitary ships patrolling inside the Philippine Waters come to the rescue and blocked the Philippine Coast guard from detaining the illegal Chinese poachers.

The standoff between china and the Philippines occurred but the Philippines is determined to deescalate the tension as part of peaceful procedure both agreed to leave the area because of the approaching typhoon and both china and the Philippines leave the Panatag Shoal.

Another surprised to the Philippines is after the agreement of the 2 to leave the Panatag Shoal, the China indeed leave but suddenly returned back to Panatag Shoal and install a blockade to the passageway so the Philippines could no longer enter the area.

China is so much showing their untrustworthiness in the region that their words are unrealistic and they are cruel opportunistic. They always do against what has being agreed.

Illegal occupancy in its own territory

The incidence in the Panganiban Reef / Mischief reef is not a lone incident of China's bully to the Philippines.

Even though the Panganiban Reef is just 75 miles from Puerto Princesa City of Palawan and well within 200 nautical Miles Exclusive economic Zone of the Philippines, China entered and exercise their law power inside the Philippine territory by capturing Filipinos fishing inside the Philippines and jailed them.

Other popular issue when Chinese navy attacked the Philippine- British Oil Exploration Firm in the Recto Back /Reed Bank near Palawan and within 200 Nautical miles EEZ of the Philippines.

The Philippine plan to develop the oil resource rich area in its EEZ is blocked by china which is very unlawful. The abused of being giant and being powerful of china hit so much to the Philippines but still the Philippines remained calm and remain friendly to china not to angry the giant. What a very pity country Philippines in a claw of dragon china. The Philippine economy could grow even faster than the present growth if China will stop their illegal activities and exercising their illegal powers in the Philippine territory but the direction of china is getting worst and aggressive opposite from what the Philippines is hoping for.

Now, the Philippine fishermen are not allowed to fish in the Philippine territory in the Panatag Shoal area as Chinese navy will attacked them and would possible jail them as what it did in Panganiban reef. Filipino fishermen don't want to be held as criminal by the foreign invader in its own land.

During the Scarborough Standoff, Hongkong Ship killed Filipino fishermen in the Philippine "Payaw" or artificial fish sanctuary built by the Philippines.

The Last Recourse

Philippine Foreign Secretary Alberto del Rosario said the Philippines had elevate the conflict to the United Nations ITLOS, a decision came after Manila had exhausted all political and diplomatic avenues into the matter.

The tribunal of the UN Convention on the Law of the Sea will arbitrate whether the presence of China's activists in the South China Sea violates the Philippine's sovereignty, Reuters reported.

China might probably ignore the Philippines but Emeritus Professor Carl A. Thayer of Australia's University of New South Wales said that the tribunal may be able to move forward without Chinese participation

GlobalPost's Benjamin Carlson, reporting in Hong Kong, accused the Philippines as seems emboldened by the United States' implicit support, and has become remarkably assertive in its claims against China.

But the Philippines' action is not furtherly examined by the Globalpost reporter in hongkong that the Philippines is doing the last recourse because the Philippines could not afford that china will reign in all Philippines territory and will block the Filipino fishermen to fish in the Philippine waters and want to push back china as it is already stepping inside the Philippines and exercising its power illegally.

Already more than 2 thousand fishermen from Zambales Province are now jobless as they could no longer fish in the waters because china's paramilitary will attack them anytime.

"It will be interesting to see how it plays out, given that, in public, Chinese diplomats pay lip service to the international law, but if the UN were to rule against China, it's very hard to imagine them abiding by the ruling," Carlson said. "To be honest, China is similar to the US in that respect."

Hai Nguyen a Vietnam citizen commented in the Global Post article saying "As a matter of routine, China will lie about its baseless history of ownership, about willingness to negotiate and about peaceful resolution... but, enough evidences of their aggression and escalated hostilities... will mute their noises. Neighbors are watching the courage and effectiveness of the Philippines and the world is watching the bully China, closely."

However, even if the tribunal orders China to respect the Philippines claims, China could always choose to ignore it. But China could not escape from the International condemnation if it will not obey the Order if the United Nations to respect the Philippine Territory. Sanctions from the United Nation would probably hurt china's economy if it would remain adamant if UN will give a favorable decision to the Philippines.

There has been no reaction from Beijing over the request for a tribunal.

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This is Prince Dan We, one of the Authors and Editors of the Rebuilding for the better Philippines. I want to leave to you the word for today as "In God We Trust" 

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Philippines: China Communist Law could not supersede United Nations’ UNCLOS

Reported in philSTAR, "House resolution supports Philippines' legal move vs. China"

The House of Representatives on Wednesday unanimously adopted House Resolution 3004 principally authored by Speaker Feliciano Belmonte Jr., which supports the arbitration case filed by the Philippines against China based on Article 287 and Annex VII of the United Nations Convention on the Law of the Seas.

The resolution likewise called on the entire nation to unite to protect the sovereign rights and jurisdiction of the Philippines in the West Philippine Sea.

The resolution co-authored by Majority Leader Neptali Gonzales II of Mandaluyong City and Minority Leader Danilo Suarez of Quezon cited that in order to protect its sovereign rights and jurisdiction over its maritime entitlements in the West Philippine Sea, the Philippines has no other recourse but to institute compulsory arbitration proceedings against China under Annex VII of UNCLOS.

It stressed the Philippines, in the spirit of good and friendly relations with China, has exhausted almost all available tools through its three-track approach – political, diplomatic, and legal – to peacefully settle the dispute in the West Philippine Sea.

But China declined the earlier invitation by the Philippines to bring the matter peacefully under any of the available dispute settlement mechanisms under Part XV of UNCLOS, it stated.

The resolution said UNCLOS prescribes the maritime entitlements of coastal states as well as their rights, jurisdiction and obligations over these maritime entitlements

As parties to the UNCLOS, both China and the Philippines have to fulfill in good faith the obligation to exercise the rights, jurisdiction and freedoms recognized under UNCLOS in a manner which would not constitute an abuse of right according to the resolution.

"China violates not only the rights and jurisdictions of the Philippines but also of other coastal states by claiming virtually the entire South China Sea through its nine-dash line claim. China further violates the rights and jurisdictions of the Philippines through its continuous aggressive assertion of its nine-dash line claim in the West Philippine Sea,' the resolution said.

Earlier, Foreign Affairs Secretary Albert del Rosario said the country has taken the step of bringing China before the Arbitral Tribunal in order to achieve a peaceful and durable solution to the dispute over the West Philippine Sea.

The DFA chief also said Manila is hoping that the arbitration tribunal will direct China to respect the Philippines' sovereign rights and jurisdiction over its EEZ, continental shelf, contiguous zone, and territorial sea over the West Philippine Sea.

Arbitration has been defined both by the 1899 and 1907 Hague conventions as "the settlement of differences between judges of their own choice and on the basis of respect for law."

An arbitration tribunal may be composed of a single arbitrator or a collegiate body. Contracting parties would have to shoulder arbitration costs.

As for the cost of the proceedings that the Filipino people would have to pay for, Del Rosario said "one cannot put a price in the concerted effort of the Filipino people and government in defending our patrimony, territory, national interest and national honor."

He said the arbitration proceedings may last between three and four years. Arbitration, however, would have to be approved by both parties.

China has consistently refused to discuss the territorial row under any arrangement save bilateral negotiations between the Philippines and China.

Zhang Hua, Deputy Chief of Political Section and Spokesperson of the Chinese Embassy, said the "disputes on South China Sea should be settled by parties concerned through negotiations."

"This (settlement of disputes through negotiations) is also the consensus reached by parties concerned in the DOC (The Declaration on the Conduct of Parties in the South China Sea)," Zhang said in a text message sent earlier to PhilStar.com.

Huff Post: China, the Philippines and the Rule of Law

As a rising global power, and being the largest and most important economy and military power in Asia, the People's Republic of China (PRC) has had the luxury of being able to do more or less whatever it wants in challenging its neighbors over disputed land and oil and gas claims -- knowing that in all likelihood, it would not be challenged. That dynamic is now changing, with Japan vigorously contesting the PRC's claim over the Senkaku Islands and the Philippines taking its claim over the Spratly Islands to court.

Earlier this week, the Philippines notified the Chinese Ambassador in Manila that it was pursuing "compulsory process" under Article 287 of the United Nations Convention on the Law of the Sea (UNCLOS). According to Foreign Affairs Secretary del Rosario, the "Notification and Statement of Claim" will initiate arbitral proceedings under UNCLOS over the merits of the PRC's claim to much of the South China Sea (known as the West Philippine Sea to Filipinos). The suit was immediately recognized as the first "legal case" against the PRC over a number of territorial and maritime disputes with its neighbors, many of them members of the ASEAN. In initiating arbitration, Del Rosario stressed that the Philippines has exhausted virtually all political and diplomatic avenues for a peaceful negotiated settlement since 1995, thus requiring the commencement of the arbitral suit.

The threshold question really is whether the PRC can be bound by UNCLOS courts and tribunals, including its arbitral panels. The PRC ratified UNCLOS in 1996, but in 2006 the Chinese government filed a statement with UNCLOS saying that it "does not accept any of the procedures provided for in Section 2 of Part XV of the Convention with respect to all the categories of disputes referred to in paragraph 1 (a), (b), and (c) of Article 298 of the Convention." These provisions of the Convention refer to "Compulsory Procedures Entailing Binding Decisions" issued by at least four venues: the International Tribunal on the Law of the Sea, the International Court of Justice, an "arbitral tribunal" which may refer to the Permanent Court of Arbitration (PCA), and a "special arbitral tribunal."

While there are venues available for the resolutions of disputes under the UNCLOS regime, the PRC does not wish to be bound by its compulsory processes -- the ICJ and PCA included. In essence, it wants to be able to pick and choose which statutes of the treaties it has voluntarily signed it wishes to adhere to, and be free to ignore those that it finds 'inconvenient.' Can a state remain a party to a treaty or convention without being bound by its rules? Can contracting states adhere to an international legal regime and simultaneously opt out of any binding force required or to be required by that regime?

The PRC knew this day would come. Its 2006 statement effectively served as a "reservation" against any binding outcome of UNCLOS's grievance procedure in the future. It is worth pointing out that international law does accord states the freedom to disclaim whole corpuses of treaty rules through irreducible principles of self-determination, state independence, and state sovereignty. In short, the PRC can decide to opt out of treaty rules which it considers to be inconsistent with national or domestic policy, and it did so in the manner required by the treaty.

Del Rosario actually concedes the PRC's 2006 reservation, and did not attempt to take any exceptions, at least at the time the Chinese Ambassador was served with notice. Del Rosario said: "... The Philippines is conscious of the PRC's Declaration of August 25, 2006 under Article 298 of UNCLOS (regarding optional exceptions to the compulsory proceedings), and has avoided raising subjects or making claims that the PRC has, by virtue of that Declaration, excluded from arbitral jurisdiction."

The Philippines' attempt to haul the PRC to an international tribunal is a problem because it is invoking the very compulsory jurisdiction which the PRC has disavowed since 2006. But even if the Philippine attempt to arbitrate fails, any marshaled argument can subsist, and that case may be fielded in other venues. If military activity were to flare up, the same case can be brought to the United Nations Security Council -- the principal repository of enforcement powers under the UN system. A state can be found to be in violation of a substantive legal norm even without a coercive or compulsory judgment in a given venue, provided of course that there is truth to the argument supporting a violation and is appreciated by the alternative venue.

While the PRC disavows UNCLOS against the Philippines, it is expressly invoking UNCLOS provisions in its claims against Japan -- so it wants to have its cake and eat it, too. In 2009, the PRC submitted a claim over the Senkaku Islands (which, like Scarborough Shoal and the Spratlys, are believed to be fuel rich) and turned to UNCLOS rules in defining and delineating its continental shelf beyond the 200 nautical mile exclusive economic zone, again within the meaning of UNCLOS. There is some international legal doctrine supporting the view that a state's acts in one place can be used as an admission and adversely bind that State in another set of circumstances.

The larger point is that the PRC has not personified the Rule of Law in this case, or in others related to maritime borders, and wants to be able to 'cherry pick' which provisions of international treaties it will willingly comply with, and which it will not. That is behavior unbecoming of a rising global power and will make states which are signatories to treaties with the PRC wonder if its signature is worth the paper it is printed on. This cannot be in the PRC's long-term interest. While it is too early to say whether the Philippine arbitration claim will prevail in court, the PRC will certainly not prevail in the court of international public opinion.

Daniel Wagner is CEO of Country Risk Solutions, a cross-border risk management consulting firm based in Connecticut (USA), and author of the book "Managing Country Risk".

Edsel Tupaz is owner of Tupaz and Associates and a professor of international and comparative law, based in Manila, Philippines. He is a graduate of Harvard Law School and Ateneo Law School.

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