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?)

23rd 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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