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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AUSTRALIA: UN Tribunal could move forward without China participation for Moral Victory of the Philippines

Philippine Foreign Affairs Secretary Albert Del Rosario has asked an international tribunal to intervene in its long-standing South China Sea territorial dispute with China, January 22, 2013.

God is always with the Philippines that is why WE are one of the most optimistic and among the happiest countries in the world as our Almighty Father will never missed his blessings to his people so every Filipino could wear a beautiful smile and a laugh of satisfaction every day.

While writing this article to share to you, I also wear a beautiful smile and praising our almighty God that HE did not leave us alone with the China's invasion in our country. God will really Make a way.  

The BOLD action of our great Foreign Minister Alberto del Rosario to defend our territory is another milestone for our Moral Victory as it is already expected that the United Nations Tribunal will order China to back-off and push back to their shore and must obey the UNCLOS and must respect the sovereign country' 200 Nautical Miles Exclusive Economic Zone which could save our Panatag Shoal or Scarborough Shoal in Zambales Province and Panganiban Reef or Mischief Reef in Palawan within 4 years time from now.

Australia as a friend and a Philippine ally who won a chair in the United Nations recently clearly informed the VOA that the United Nations Tribunal could move forward without Chinese participation.

On Tuesday, January 22, 2013 - UN Secretary Ban Ki-moon called for an "amicable" settlement to a mounting West Philippine Sea territorial dispute between China and other Asian nations.

Asked about the Philippines decision to refer the case to a UN tribunal, Ban said that he has been following the dispute "carefully" but "It is important for those countries in the region to resolve all these issues through dialogue in a peaceful and amicable way," he said.

Ban added that the United Nations is ready "to provide technical and professional assistance, but primarily all these issues should be resolved by the parties concerned," the UN leader added, carefully avoiding backing any country involved.

Though UN Secretary Ban Ki-moon said that "these issues should be resolved by the parties concerned" which sounds favorable for china's call for only "One on one negotiation and no international intervention" but if the Philippines has voiced its complain to the UN Tribunal then it means the United Nations is set and bound to decide the case within 4 year time with or without china as soon as the formal complain is received as mentioned by the Emeritus Professor Carl A. Thayer of Australia's University of New South Wales that the tribunal may be able to move forward without Chinese participation.

This is a new seeds of hope that is set to be planted by our great Foreign Minister Alberto del Rosario. If Foreign Minister Alberto del Rosario has officially lodge the complain to the UN Tribunal then we could start counting for 4 years from now to have a favorable decision from the United Nations as what they did for the Benham Rise, Otherwise we should wait for nothing but losing out territory forever.

Voice of America (VOA) published article Tuesday titled "China Likely to Ignore Philippines' Challenge in South China Sea" is another word of hope for the Filipinos as china's avoidance from the international court will just prove that that they could not support or back-up their claim with legal bases that would just harmed their image in the international community.

The United Nations Tribunal could not ignore the Philippine' call for assistance as it is the proper and peaceful solution in solving disputes otherwise, the strong countries would be use to invade any small countries and WAR would become a culture of the world and it is not the goal of the United Nations. 

As the Philippines are already running-out of peaceful option to solve the disputes with china and raising the last recourse by asking help from the United Nations; China also are out of option than to face the United Nations with the Philippines to solve the disputes.

China could not wage a war with the Philippines as it could invoke the US-Philippines Mutual Defense Treaty and USA with Japan and Australia would be forced to use their combined force to punish china.

The virtual occupancy of China in the Scarborough Shoal and the Panganiban Reef or the Mischief reef in Palawan which was illegally occupied since 1995 could just be temporary and would set to end in 4 years time.

If this will happened then, it's another victory of President Aquino's administration that WE could oust china in a peaceful means and could be a model in the world that there is a law and guidelines to be followed by every nation according to the Internationally Accepted laws and principles. (Do you think that Pres. Aquino could be still our Philippine Leader after 4 years from now?)

23^rd January 2013 – Voice of America (VOA): Analysts say China will likely ignore the Philippines' decision to take a long-running territorial feud to an international tribunal, continuing its insistence on solving maritime disputes without third party involvement.

Philippine foreign secretary Albert del Rosario said Tuesday his government will take the issue to an arbitral tribunal under the U.N. Convention on the Law of the Sea (UNCLOS), which has been ratified by both countries.

The Philippines wants the panel to reject China's claims to nearly the entire South China Sea. It is also challenging what it says is China's "illegal" activity around reefs and rocks it says are part of Manila's exclusive economic zone under the U.N. convention.

Most observers say China will almost certainly not agree to participate in the panel, in keeping with its long-standing policy of solving territorial disputes through direct negotiations.

Carl Thayer of Australia's University of New South Wales tells VOA the tribunal may be able to move forward without Chinese participation. He says the Philippines hopes a favorable decision would give it a moral victory.

"It's [a case] that not only has the legal side, but also has a strong moral suasion. If the tribunal ruled even partly in the Philippines' favor, it would deflate China's claims and give more legality and international cover to the Philippines."

But Thayer says the court's decision, though technically "binding," could easily be ignored by China, since there is no mechanism included to enforce any possible ruling.

Sam Bateman, a maritime security expert, acknowledges China's refusal to participate in the tribunal "probably won't be a great public relations success." But he tells VOA that may be exactly what the Philippines government is aiming for.

"I see it in many ways as a bold gesture by the Philippines, hoping that China will respond negatively," says Bateman, a senior fellow at the S. Rajaratnam School of International Studies in Singapore, who described the move as Manila's "attempt to take the high ground."

"If China were to choose to opt out [of the tribunal], of course this would lead to another round of perhaps international condemnation, you know another example of China's assertiveness and lack of preparedness to operate, and those sort of things."

But Bateman says all countries, including China, have the right under UNCLOS to opt out of arbitration that involves binding decisions on issues related to maritime boundaries and sovereignty disputes.

That appears to be the route chosen by Beijing. On Tuesday, the Chinese ambassador to the Philippines reasserted China's "indisputable sovereignty" over waters in the South China Sea, saying China supports a negotiated settlement "through peaceful means."

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This Prince Dan WE would leave you a message of Hope for today "GOD IS GOOD ALL THE TIME; AND ALL THE TIME GOD IS GOOD"

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AUSTAL Ship: Building relationships in the Philippines for warship order?

Philippine President Benigno Aquino and Austal Engineering's new CFO Greg Jason unveiling a plaque to officially open the company's shipyard in Cebu, the Philippines

Building relationships in the Philippines

Three years ago, Perth-based shipbuilder Austal's new chief financial officer, Greg Jason, discussed his career aspirations with chief executive Andrew Bellamy, who told him he needed more operational experience if he wanted to become finance chief.

He subsequently took on the role of chief operating officer Asia, based in the Philippines, where he has been overseeing the mobilization of the Cebu shipyard.

When former CFO Richard Simons resigned in October Jason says he immediately put his hand up.

"I'd made a commitment to mobilize the Philippines shipyard and that was almost completed so the timing was pretty good," he says.

"Now I have been responsible for delivering the numbers not just commenting on them."

Days into his new role, Jason gave Philippine President Benigno Aquino a tour of the Cebu shipyard at its grand opening.

He invited the president to attend the event after both men spoke at an Australian government-organized trade forum in October.

"The Philippines exports a lot of labor, and so many of the local workers are proud to be manufacturing and exporting something," says Jason. The president seems pleased to see that Austal is not just building in the country but transferring some intellectual property, he says.

In the long term, Jason hopes Austral will win contracts from the Philippine government.

To be successful offshore it is important to build relationships with stakeholders, including government agencies, by meeting face to face, he says.

"If you allow consultants and advisers to get in the way it becomes harder to articulate yourself, and harder to understand what the other side wants."

"The Philippines has worked hard to change its image as a more investment friendly country."

"People don't want to lose face so you have to be very careful to praise publicly and if there is any negative feedback which needs to be delivered coach privately. "

Jason relocated back to Perth late last month, but he expects to spend a considerable amount of time travelling to the Philippines and the US. (http://bit.ly/V5sXpJ)

Financial Review 

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Google open its fifth office in Southeast Asia in Manila

Julian Persaud says Google is in the Philippines "for the long term."

Google Opens Office in Manila

Google is expanding its presence in the Philippines, opening its first office in the increasingly Internet-savvy Southeast Asian country.

"The Philippines is a key country in Southeast Asia in terms of its digital economy and tech-savvy population," Julian Persaud, managing director of Google in Southeast Asia, said at an event Wednesday marking the milestone office in Manila. "This new office will allow us better engage with our local users, partners and advertisers."

Google's move reflects the growing use of the Internet in the Philippines.

According to a report by the Asia Digital Marketing Association, 33.6 million Filipinos tapped into the Internet in 2011. That's already about one third of the population. By 2016, the report said, 59 percent of the population will be turning to the Internet, for everything from shopping to building a business to connecting with friends.

Google opened its first regional office in Southeast Asia in 2007. It also has regional offices in Malaysia, Thailand and Indonesia. Google officials said they will hire some people, but didn't say how much the latest investment will be.

Persaud said Google will be in the Philippines "for the long term."

The move follows such Google activity in the Philippines as the launch of Free Zone, which allows those with Internet-capable mobile phone and a Google account to use Google services for free, including Gmail and Google Search.

Government Undersecretary Manuel L. Quezon III said he was pleased by Google's latest step.

"We are delighted that Google has decided to set up an office in Manila," Quezon said. "Their presence is a testament to their commitment to the Philippines. We hope that Google's entry will encourage more local businesses to go online and tap into international markets."

Narciso Reyes, who has more than 16 years of digital marketing and finance experience in Asia and the U.S., has been named country manager for the Philippines.

"We're excited to be deepening our investment in the Philippines with the opening of our office here in Manila," Mr. Reyes said.

"Our local team will be committed to providing better services to our Filipino users and to helping businesses — large and small — grow locally and globally, contributing to the growth of the Philippine economy,'' Mr. Reyes said.  "We envision Google as part of everyday Filipino lives and as a partner in the development of local communities, culture and business." (http://on.wsj.com/Xxqxja)

Wall Street Journal 

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Philippines Taking China's Invasion in the West Philippines Sea Fight to UN Tribunal Anew

Philippines Taking S. China Sea Fight to Tribunal

The Philippines took a legal step against China's claims to virtually the entire South China Sea on Tuesday, formally notifying the Asian superpower that Manila is seeking international arbitration to declare Beijing's moves in the potentially oil-rich waters "illegal and invalid."

Foreign Secretary Albert del Rosario said at a news conference that his department summoned Chinese Ambassador Ma Keqing and handed her a note notifying the Chinese government that the Philippine government is bringing both countries' conflicting claims to an international tribunal.

The move is likely to bring an angry response from China, the Philippines' third-largest trading partner.

Several countries claim parts of the South China Sea, and China claims virtually all of it. It has confronted Philippine ships in a standoff over the Scarborough Shoal, which both countries claim. The Philippines withdrew ships from the shoal last June and has since protested China's buildup.

There are fears that territorial conflicts in the region, including a dispute between Japan and China in the East China Sea, could spark Asia's next major armed conflict.

The Philippines hopes that arbitration through an arbitral tribunal operating under the 1982 United Nations Convention on the Law of the Sea would lead to a decision that would direct China to respect the Philippines' claims. But even if a tribunal ruled against China, Beijing could choose to simply ignore the ruling.

Del Rosario said that the Philippines made the move after previous diplomatic efforts to resolve the territorial rifts failed.

"The Philippines has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of its maritime disputes with China," del Rosario said. He added the Philippine government hopes that the legal step it has taken "shall bring this dispute to a durable solution."

"We are all for improving our economic relations with China but it should not be at the expense of surrendering our national sovereignty," he said.

The Chinese Foreign Ministry in Beijing did not immediately comment, asking that questions be submitted by fax.

In the note handed by Filipino diplomats to the Chinese ambassador, the Philippines listed several aggressive moves it alleged were launched by China in recent years to fortify its territorial claims, including the occupation of South China Sea islands and the enactment of a Chinese law that would allow Chinese patrol vessels to block and board foreign ships passing through vast stretches of waters that Beijing claims.

Del Rosario said the Philippines' move was made independently of its ally the United States, which has called for a peaceful resolution of the claims and a guarantee that freedom of navigation will not be hindered.

Other countries clashing with China over South China Sea territory, including Vietnam, could benefit from the Philippine action without risking possible Chinese retaliatory steps. (http://abcn.ws/10DpWDH)

ABC News

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MASINLOC: Seabed a hotbed of controversy for Philippines, China

Romeo Taneo, right, 39, a fisherman in Masinloc, discusses his loss of income because of the Chinese presence at Scarborough Shoal. (Photo: Thomas Maresca)

China has been dispatching ships and aircraft to enforce its ownership of the South China Sea, infuriating Asian nations whose coastlines also approach the sea.

MASINLOC, Philippines -- Romeo Taneo, 39, has been going to Scarborough Shoal for as long as he can remember.

The rich schools of fish such as tuna found along the chain of reefs and rocks 124 miles from shore have been fished by the people of this Philippine town for centuries. But the 2,000 fishermen of Masinloc haven't gone there in months, not since Chinese vessels arrived to claim the shoal for China even though its coastline is 500 miles away.

"We can't fish there anymore," Taneo said. "Whenever we go near, the Chinese chase us away."

China has essentially said it wants to chase every nation from the South China Sea. It has laid claim to 1 million square miles of the sea and in recent months has been dispatching ships and aircraft to enforce its ownership, infuriating Asian nations whose coastlines also approach the sea.

It's not just for the rich sources of fish that China and others are battling. The World Bank has estimated that the seabed contains huge deposits of oil and natural gas. The sea is a major route for the world's cargo (50% of global oil tankers pass through it). As Asia's economies and populations grow, the food source and the energy resources of the South China Sea will become even more important.

Confrontations that have already taken place between China and its neighbors over the sea could escalate and lead to war,observers of the situation say.

"The situation is quite worrying and we're watching it closely," said Stephanie Kleine-Ahlbrandt, China and Northeast Asia project director for the International Crisis Group. "The continuing presence of claimants' law enforcement and fishing vessels in disputed waters are opportunities for skirmishes that may bring countries down a path they didn't intend."

The shoal, a triangle of rocks about 35 miles around, is one of a number of outcroppings and islands in the South China Sea that the People's Republic of China says the Chinese discovered and claimed long ago. Scarborough is named for a British tea ship wrecked on its rocks in 1784 with no survivors.

In July, China proclaimed the creation of a Sansha, a new city on tiny Yongxing Island that would oversee jurisdiction of the Paracel, Spratly and Macclesfield Bank island groups scattered throughout the sea. In November, China issued passports with a map of China that included about 80% of the South China Sea.

Today it continues to protect Chinese fishing boats that fish shoal waters, even though the shoal is well within the Philippines' a 200-mile zone that all coastal nations can claim as exclusively theirs according to the United Nations Convention on the Law of the Sea.

Vietnam, Malaysia, Brunei, Taiwan and the Philippines have claims to parts of the sea, and some have complained to the United Nations and the USA for help in dealing with China's ownership announcement.

Tensions were high in April when the Philippines tried to act against China. Chinese vessels prevented a Philippine naval warship from pushing out Chinese fishing boats accused of poaching protected species such as sea turtles. Eventually both fleets agreed to go home. but Chinese marine surveillance vessels soon returned and remain. The vessels went as far as to rope off the entrance to Scarborough lagoon.

Caught in the geopolitical standoff are fishermen up and down Zambales, a province on the west coast of Luzon, the largest island in the Philippines.

"We're afraid to go to Scarborough now," said Francis Alaras, who has been fishing for 15 years out of Subic Bay. "Even the Coast Guard is afraid to go there."

Taneo said he used to take in $250 to $500 in a good week catching grouper, Spanish mackerel and tropical aquarium fish around Scarborough. Now he might earn $50 in waters nearer the coast. Some fishermen journey several extra hours to avoid the Chinese-occupied area, burning additional fuel and squeezing their ability to make a profit.

What puzzles many in Masinloc is the suddenness of the change. Taneo said fishermen from several countries used to fish at Scarborough without incident, at times even boarding each other's vessels to swap local delicacies and liquor.

"Why now?" he said.

Harry Roque Jr., a professor of law at the University of the Philippines, urged Manila to bring the Scarborough case before the U.N.'s International Tribunal on Law of the Sea, which could issue a binding provisional decision. China and the Philippines are both signatories to the treaty.

"It would be the perfect way to defuse the tension if there is in fact a provisional measure," Roque said. "Of course there's no guarantee China will comply with it, but I think it's very clear that in modern history no state wants to be branded a violator of international law."

Philippine Foreign Affairs Secretary Albert del Rosario has also called for international arbitration in the Scarborough standoff.

"While we are at a disadvantage in terms of our resources and capabilities, it is our belief that international law is the great equalizer and that right is might," he said.

A trader works at Subic Fish Port at dawn in Subic Bay, Philippines.(Photo: Thomas Maresca)

China, however, has said it would not accept an international judgment and will only resolve the matter in one-on-one talks with individual countries, which its smaller neighbor the Philippines says puts it at a severe disadvantage.

The conflict has gotten the Philippines to turn for help to a former hated enemy, Japan, whose occupation of the Philippines during World War II is not forgotten here. Last week Japanese Foreign Minister Fumio Kishida pledged 10 patrol ships and communications equipment for the Philippines coast guard, according to media reports. Japan is fending off similar territorial claims that China his pressing over the Senkaku Islands in the East China Sea.

The United States has stayed neutral in the territorial disputes, saying only that they should be resolved through negotiation. The USA and the Philippines held discussions in December that del Rosario says should result in an increased naval rotational presence in the Philippines that "will serve to guarantee peace and stability in the region."

Murray Hiebert, deputy director at the Center for Strategic and International Studies, says U.S. interests lie most clearly lie in maintaining the unrestricted movement of trade in the South China Sea.

"Freedom of navigation is absolutely critical," he said. "A whole lot of oil and iPads move through there."

China shows little sign of backing down, however.

In November, the Chinese province of Hainan said it police vessels may board and search foreign ships that "illegally" enter Chinese waters.

"If China persists in its view that (the South China Sea) is a Chinese lake, then we're headed for conflict," Roque said. "And I think every single nation on earth that wants to use the seas will have an interest in it."

For now, solutions seem scarce. Some observers suggested that joint development of fishing and hydrocarbons in disputed areas is a reasonable way forward. But the charged environment is making cooperation increasingly difficult.

"If the political will were present, (joint development) would be possible," said Robert Beckman, director of the Center for International Law at National University of Singapore. "However, under the present political climate, it seems unlikely."

In Masinloc, the fishermen are looking to the future with a characteristically Filipino blend of fatalism and optimism. Masinloc's fishery officer, Jerry Escape, says people are looking at other ways to earn a living, such as establishing more fish hatcheries to increase fish stocks closer to shore and promote tourism of its pristine areas.

"We will find a way," he said. "We are Filipinos. That is what we do." (http://usat.ly/10hZOcB)

USA TODAY

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Philippines could lose almost 50% of the Territory in continuing Panatag Shoal Stand-off

 

Losing almost 50% of Philippines Territory to China

It is another heart nauseating Monday to realize that we are in the BRINK of LOSING ALMOST HALF OF OUR PHILIPPINE TERRITORY TO CHINA for the continuing Standoff between the Philippines and China in our territory in Panatag Shoal (Bajo de Masinloc / Scarborough Shoal) in Zambales Province.

Our Government is already out of option to solve the Stand-off so it's our turn Citizens of the Philippines to Stand for our country. If Government to government could not solve the issue, then I think WE people of the Philippines might.

I am a bit embarrassed also with the comments of Vietnamese in their Vietnamese websites saying "that we Filipinos" are "LOUSY COWARD" in protecting our Philippine territory that china won a control over the Panatag shoal (Bajo de Masinloc / Scarborough Shoal) without even a single outburst of bullets.

It is a very humiliating words of Vietnamese towards us but it seems that they are right for those who believe that Vietnamese are right but for those who believe that we are NOT coward, then step forward and prove it without initiating trouble but a peaceful unity to oust the Chinese occupancy in our territory.

It's already 2 areas in our country is are under control of China. 1 is in the Panganiban Reef or Mischief Reef of 75 Miles from Puerto Princesa City in Palawan and now the Panatag shoal (Bajo de Masinloc / Scarborough Shoal).

My Fellow Citizens, we already lost our Dignity as "Filipino" because we could not defend our land. We need to step up forward for a rebound to be respected because a nation could NOT be called as a sovereign nation if it has no capability to defend its territory. Do we have a capability to defend our territory? YES we have millions of people to defend this land.

I am NOT calling for war here but calling the people to unite and let's have a brainstorming to form a peaceful strategy to drive away the invading china. We don't need to engage any war here because WAR is a GAME of losers but it's the only last options of a blind to bite and eat the mighty lion alive when pushed in a deadlock corner. We could not also afford to see any casualties while there is still a remaining strategy in which the United Nations could implement the International law and sanction the violating countries. Why don't we oust the United Nations' office in Manila if it is already rusted and will not function anymore? It is useless for them to be there if they created a law and they could not implement it.  

7,107 Islands with only few are occupied

I think the world, the neighboring countries, and WE Citizen of this country must have to understand that the Philippines is comprised of more than 7,100 Islands which many are not yet populated because it could not sustain life as many of those islands are out of fresh waters.

I hope also the invading neighbors MUST respect the fact that the Philippines of thousands of islands are not the same with the geographic structure of their country.

Their argument of "uninhabited islands" is WRONG because even in thousands of islands of different provinces in the Philippines, we still have few thousand of uninhabited islands because of the absence of fresh waters. Then does it mean that because we did not populate those islands in our different provinces then the neighboring countries have the rights to occupy and control them?

The case of the (Spratly Islands) Kalayaan Group of Islands in the Province of Palawan and the Panatag Shoal (Bajo de Masinloc / Scarborough Shoal) of the Province of Zambales are common cases in the other provinces of the Philippines that many islands and islets remained uninhabited until this time because of the absence of  the fresh waters.

The issue of "Uninhabited Islands" is not applicable to the Philippines but "Proximity and 200 Nautical Miles Exclusive Economic Zone" is the most appropriate to apply.

2000 un-armed Explorer

I am now even thinking to form a legion of explorer for at least 2 thousand un-armed patriots to clear the Panatag Shoal.

If the Government to Government could not solve the problems then why don't we allow our locals of Zambales to Fish and to stay inside the Shoal, then clean the messed of the Chinese invaders and monitor them there?

Why the government thinks that it could only escalate further the situation if we will send or we will allow the civilians to go there and to fish there as their usual daily activities before china creates trouble in the area?

If we could have at least 2,000 un-armed people, do you think that there are soldiers will kill them? They are civilians. If anyone will slay the un-armed civilians then it is the job of the United Nations to punish the criminals if this country's law is toothless to bite the criminals.

The escalation will further escalate if we will just sleep in our room and wait for nothing to happen then will wake up tomorrow with new flag, new language and new characters in every walls.

This triggers me a doubt about the rumor of "CONSPIRACY" in the Panatag Stand-off that could be true. The questions are what's conspiracy? Who are conspiring? Who are involved?

The Malaya publication "Chinese 'occupation' of Bajo de Masinloc could reduce PH territorial waters by 38 percent"

 In Malaya Business Insights article Published on Monday, 21 January 2013, Written by ELLEN TORDESILLAS - VERA Files, this article would really awake us from a deep sleep that if we will keep sleeping, we would be losing our territory anytime soon.

MALAYA: The Philippines is at a loss over China's declaration its ships will stay permanently in Bajo de Masinloc, a declaration some experts say could lead to the Philippines losing 38 percent of its territorial waters.

Bajo de Masinloc, a triangular-shaped coral reef formation that has several rocks encircling a lagoon, is located 124 nautical miles west of Masinloc town in Zambales in the northwestern part of the Philippines.

"The shoal is under virtual occupation by China," said former foreign undersecretary and former Philippine Permanent Representative to the United Nations Lauro Baja.

Foreign Secretary Albert del Rosario confirmed this, saying, "In a subministerial consultation, Chinese Vice Foreign Minister Fu Ying had said to our people that China's presence was permanent and they had no intention of withdrawing their ships from the vicinity of Bajo de Masinloc."

The National Mapping and Resource Information Authority (NAMRIA) says Bajo de Masinloc has an area of about 120 square kilometers. It is also referred to as Panatag (calm in Pilipino) by fishermen who seek refuge in the area during stormy weather.

Its international name is Scarborough shoal after the tea-carrying British boat Scarborough which sank in the vicinity in 1784. China also claims ownership of the shoal which is 467 nautical miles away from its mainland, and refers to it as Huangyan Island.

Republic Act 9522, which defines the country's archipelagic baseline, includes Bajo de Masinloc as part of Philippine territory. The law classifies it as a regime of islands under Art. 121 of the Law of the Sea Convention (LOSC), which means it generates its own territorial sea, exclusive economic zone (EEZ) and continental shelf.

Under UNCLOS, "an island is a naturally formed area of land, surrounded by water, which is above water at high tide."

An island generates its own maritime regimes, which are 12 nautical miles (nm) for territorial sea, 24 nm for contiguous zone, 200 nm for EEZ and 200 nm continental shelf.

Under this definition, the Chinese claim over Baja de Masinloc means the Philippines risks losing not only the 120-square-kilometer strategically vital reef formation but also some 494,000 square kilometers EEZ, representing 38 per cent of the country's EEZ.

One of the Philippines' options to protest the Chinese encroachment is going to the United Nations International Tribunal on the Law of the Sea (ITLOS), the arbitration arm of UNCLOS, of which the Philippines and China are signatories.

Legal experts say the Philippines can ask the ITLOS, which does not deal with territorial disputes, to declare Bajo de Masinloc as a rock rather than an island.

UNCLOS said, "Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf."

Retired Philippine Navy Commodore Rex Robles, who has been to the area a few times for gunnery practice, declares that "Panatag shoal is a rock."

"It cannot support human life. It is not an island," he concludes.

Lawyer Romel Bagares, executive director of Center for International Law (Philippines), said RA 9522 "does not actually specify whether Bajo de Masinloc consists just of uninhabitable rocks or is capable of economic life pursuant to Art 121 of the UNCLOS. This could be one way of arguing ITLOS has jurisdiction, especially as to the interpretation of provisions. It's a pragmatic approach, no doubt."

What is obvious, Bagares said, is that RA 9522 assumes that the shoal is part of Philippine territory in the fullest sense of the term.

Del Rosario said, "To the extent that their three ships are within our exclusive economic zone, this is in gross violation of the DOC and UNCLOS."

DOC is the Declaration of Conduct of Parties in the South China Sea signed in 2002 by members of the Association of Southeast Asian Nations, four of them part claimants to islands in the South China Sea, and China. UNCLOS is the United Nations Convention on the Law of the Sea.

Baja said, "When our ships withdrew from Bajo de Masinloc in June and now (we) could not access the area, the shoal became under virtual occupation by China. "

Baja, who drafted the DOC with Malaysia's Abdul Kadir, also said Chinese occupation of the disputed shoal has changed the status quo, contrary to the DOC.

Baja said China is exercising what the International Court of Justice (ICJ) calls "effectivités."

"This is the basis of the Court's decision on the Ligatan Sipadan case where the court awarded the area to Malaysia over Indonesia. Also the same principle in the case between Chile and Peru and between Nicaragua and Guatemala," he said.

Baja said, "We must act and interact before we lose the territory by default and/or estoppel."

Seven months after China's occupation of Bajo de Masinloc, the Philippines is still "reviewing" its options.

Asked about the Philippines' response to China's declaration it has no intentions of pulling out their ships from Panatag shoal, Del Rosario said, "We are reviewing all our options in accordance with our three track approach encompassing the political, legal and diplomatic means."

President   Aquino   has refused to discuss publicly the Philippine efforts on Bajo de Masinloc because he said doing so would be "giving the other side a preview of everything that we will do."

He said, though, in October at a forum at the Foreign Correspondents Association of the Philippines that the matter "is still being studied by our consultants."

Experts point to two options available to the Philippines: the military option—which is not really an option considering the inferior state of the Philippine Navy compared with China's naval might—and the legal option.

 ***

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for "true.")

This is Prince Dan We again, and I am thankful for all the followers in this site. I hope that my call for unity would be heard and I hope when you vandal the wall of this site for your comments, you will take responsible of your words, and avoid "fighting" because we are here for unity not destruction. 

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