From Rappler (Mar 30): PH strikes back, files pleading vs China
ThePhilippines struck back at its Goliath on Sunday, March 30, as it filed a historic pleading against China 's claims over the West Philippine Sea (South China Sea ).
Dwarfed by China in terms of military strength, thePhilippines submitted the nearly 4,000-page document, called a memorial, to end decades of alleged bullying by the rising superpower. It sent the memorial to a United Nations-backed arbitral tribunal incidentally after China on Saturday, March 29, harassed a Filipino ship again.
"With firm conviction, the ultimate purpose of the memorial is our national interest. It is about defending what is legitimately ours. It is about securing our children's future. It is about guaranteeing freedom of navigation for all nations. It is about helping to preserve regional peace, security, and stability," Philippine Foreign Secretary Albert del Rosario said in a media briefing Sunday.
"And finally," Del Rosario said, "it is about seeking not just any kind of resolution but a just and durable solution grounded on international law."
ThePhilippines cannot publicize the memorial, however, until the arbitral tribunal gives its go-signal.
It filed the memorial in the face of incentives from China, as well as possible sanctions from one of thePhilippines ' biggest trading partners.
10 volumes long
Del Rosario said the memorial is composed of 10 volumes.
He said Volume I, which is 270 pages long, analyzes laws and evidence in relation to the case.
It also shows that the arbitral tribunal “has jurisdiction” over the case – a major question that thePhilippines needs to address. It proves the merits of the Philippines ' every claim.
Volumes II to X, on the other hand, contain “the documentary evidence and maps that support thePhilippines ' claims.” These comprise the longest part of the memorial – more than 3,700 pages.
The memorial comes with “all documentary, witness, expert, and other evidence” that the Philippines intends to rely on, according to the Rules of Procedure set by the designated arbitral tribunal supported by the United Nations.
It also has as attachments the “legal authorities (such as treaties, laws, decrees, or judicial decisions) cited in their submissions.”
No escape for China
WhileBeijing has rejected the arbitral proceedings, it has no escape from Manila 's pleading. China will receive it in any case.
Like the arbitral tribunal,China will find the memorial on its doorstep through e-mail and courier. The hard copies should come with “a complete electronic copy” in a USB flash drive or another electronic device, “if possible in searchable Adobe PDF.”
Protested in thePhilippines ' memorial, China 's claims encroach on the Philippines ' exclusive economic zone (EEZ). This is an area 200 nautical miles from a country's baselines within which a state has the sovereign rights to explore and exploit, and conserve and manage natural resources, among others. (READ: What's at stake in our case vs China)
Included in the document is thePhilippines ' claim over Ayungin Shoal.
This is a disputed area that has seenChina harassing Philippine vessels for at least 11 times since 2013. Such incidents include a case of harassment on Saturday.
On that day,China tried to drive away a Philippine contingent that aimed to resupply provisions and personnel onboard the BRP Sierra Madre, the Philippines ' grounded ship in Ayungin.
In the face of bigger Chinese ships, the Filipinos succeeded.
http://www.rappler.com/nation/54259-philippines-files-memorial-china-case
The
Dwarfed by China in terms of military strength, the
"With firm conviction, the ultimate purpose of the memorial is our national interest. It is about defending what is legitimately ours. It is about securing our children's future. It is about guaranteeing freedom of navigation for all nations. It is about helping to preserve regional peace, security, and stability," Philippine Foreign Secretary Albert del Rosario said in a media briefing Sunday.
"And finally," Del Rosario said, "it is about seeking not just any kind of resolution but a just and durable solution grounded on international law."
The
It filed the memorial in the face of incentives from China, as well as possible sanctions from one of the
10 volumes long
Del Rosario said the memorial is composed of 10 volumes.
He said Volume I, which is 270 pages long, analyzes laws and evidence in relation to the case.
It also shows that the arbitral tribunal “has jurisdiction” over the case – a major question that the
Volumes II to X, on the other hand, contain “the documentary evidence and maps that support the
The memorial comes with “all documentary, witness, expert, and other evidence” that the Philippines intends to rely on, according to the Rules of Procedure set by the designated arbitral tribunal supported by the United Nations.
It also has as attachments the “legal authorities (such as treaties, laws, decrees, or judicial decisions) cited in their submissions.”
While
Like the arbitral tribunal,
Protested in the
Included in the document is the
This is a disputed area that has seen
On that day,
In the face of bigger Chinese ships, the Filipinos succeeded.
http://www.rappler.com/nation/54259-philippines-files-memorial-china-case