2 laws - UNLCOS 200 NMEEZ and "Archipelagic States" to End Spratlys Disputes

The following Countries competing to owned the vast oil and gas resource Spratlys: The Philippines, Brunei, Vietnam, China, Taiwan (China), Indonesia, Malaysia.

Written by: Dan We ( Twitter: @Dan_We_)

NO ONE IS ABOVE THE LAW...

The most powerful country – the USA is under the LAW and they governed their states and country UNDER THE LAW

CHINA is NOT ABOVE THE LAW... China govern their people under their communist law

The fueling disputes in the West Philippines Sea (WPS) or also called as South China Sea (SCS) might be the flash point which leads to the never ever wanted 3rd World War. (WWIII)

No one ever wants to have their people die from war and conflicts. The good leader must learn how to respect and be respected. A good leader must know how to lower his pride to avoid tensions. A good leader must learn that there is a doom beyond their unlimited pride and ambition to rule the world by their arms.

China has been so confident to replace the US power but their move is not in the right direction. China could bully small neighbors economically but not by arms because small ants are willing to bite and eat the dragon’s flesh if their colony is destroyed and overtaken. Small ants could be worthless but could weaken the dragons power while another giants will come to the rescue and to end the dragons ambition.

China must first plant a good seeds of trust; seeds of unity, seeds of love and seeds of power and wait that those planted seeds would grow and bear fruits for what they have planted for them to overtake other power. It’s early for china to say they are powerful if the whole countries around them are against their power. Unlike US, China never planted any seeds and wants to reap the fruit of the other peasant.

The bottom-line is china would live alone if they will make the unwanted stupid mistake. Any wrong move of china could ends its power both arm and economy. Any wrong move of china will trigger the world to fight against them lead by the US Power, United Nations and the ASEAN nations.

China must have to think that among top 10 Super powers of the World; they got only 1 friend to fight with the other 8.  2 super powers versus 8 super powers is the doom’s day of China and his 1 ally. Who will take over china’s power if they are in the doom’s day? Korea? Vietnam? Russia? India? Mongolia? USA? or Japan?

China! Look before you leap and think before you talk. You must learn how to grow in a peaceful way. You must learn how to get along with other country’s culture than just yours. And you must follow the 2 laws that would end the disputes of the seas.

2- Laws of the United Nations to end the Spratlys disputes.

The first provision of law applicable to the disputed Spratlys is the law formulated by the United Nations in Jamaica last December 10, 1982. The provision for the Archipelagic States.

(1.)           THE ARCHIPELAGIC STATES

The Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea (UNCLOS) held in Jamaica last December 10, 1982. They were qualified as archipelagic states.

In various conferences of the United Nations on the Law of the Sea (UNCLOS), the Philippines which is composed of 7,107 islands PLUS... is RECOGNIZED AS ARCHIPELAGIC STATES given freedom forming its archipelago that  composed of groups of islands forming a state as a single unit, with the islands and the waters within the baselines as internal waters. By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their “breadth and dimensions”, form part of the internal waters of the state, subject to its exclusive sovereignty

The approval of the United Nations for the 5 countries as Archipelagic States must be respected by the world for the 5 countries:

1.      The Philippines

2.      Indonesia

3.      Papua New Guinea

4.      Fiji

5.      Bahamas

The  above mentioned countries could enjoy undisputable sovereignty of the waters and islands around them from the said laws. Waters around their country between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the states and is belong to its sovereignty. This provision of the UNCLOS is very clear that this law could end the disputes of the Spratlys. The United Nations could not formulate again another provision that would opposed the above “Archipelagic State”.

For the Philippines – The Spratlys is considered as the waters around the Philippines between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the states which simply means Spratlys is part of the Philippines sovereignty and the Philippines don’t have any disputable issues between china and other countries who are not classified as “Archipelagic States”.

(2.)          The United Nations Conventions of the law of Sea (UNCLOS) 200 Nautical Miles Exclusive Economic Zone

The 200 Nautical Miles Exclusive Economic Zone is another provision of the law by the UNCLOS that could resolve the Spratlys disputes.

Regardless of what kind of law of china have for its country is not acceptable in the international law would deem that their law is invalid and must be superseded by the United Nations Law that for the particular disputes that would affect many countries around them.

For the following Countries competing to owned the vast oil and gas resource Spratlys:

1.      The Philippines

2.      Brunei

3.      Vietnam

4.      China

5.      Taiwan (China)

6.      Indonesia

7.      Malaysia

The 7 countries mentioned above competing claims have their common grounds which is the UNCLOS 200 Nautical Miles Exclusive Economic Zone. Each country might have to study first if their claim is valid or not.

For the Philippines; 2 provision of laws that would protect them to own the Spratlys exclusively with undisputable sovereignty by the application of the “Archipelagic States” that say the waters around the Philippines between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the states which simply means Spratlys is part of the Philippines sovereignty and the Philippines don’t have any disputable issues between china and other countries who are not classified as “Archipelagic States”.

Secondly the Philippines still subject to enjoy the second provision of laws of the United Nations Conventions Laws of the Sea (UNCLOS) 200 Nautical Miles Exclusive Economic Zone. Since most part of the Spratlys is within 200 Nautical Miles Economic Zone of the Country then Majority stakes for the Spratlys sovereignty is lawful to be granted to the Philippines. “Proximity” the Spratlys is just within Philippines backyard.

The application of the 2 provisions of laws of the United Nations Convention of the Laws of Sea (UNCLOS) the  “Archipelagic States” and the “200 Nautical Miles Exclusive Economic Zone” means the “Whole Spratlys” is under the Philippines Sovereignty and the Philippines supposed to be must enjoy their undisputed territory in both their main land and the Spratlys.

The Paracels is another disputed islands between Vietnam and China which both of them could benefit the 200 Nautical Miles Exclusive Economic Zone must send the disputes to the United Nations and they will signed an agreement to solve the disputes peacefully. The United Nations also must mediate and implement the law to end the disputes.

WHAT MUST CHINA DO? (AN SO ORDER!)

1.       China must respect Vietnam’s territory and 200 Nautical Miles Exclusive Economic Zone from Vietnam Shore (The Paracel Conflict between China and Vietnam) and vice versa, Vietnam must respect also the China’s 200 Nautical Miles Exclusive Economic Zone.

2.       China must stop disputing with the Philippines as the Philippines is recognized by the United Nations as Archipelagic States which means water and islands  connecting the Philippines regardless of its breadth is belong to the Philippines sovereignty.

3.       China must settle the disputes with Vietnam in the United Nations and respect the UNCLOS 200 Nautical Miles Exclusive Economic Zone.

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Japan & Philippines Tighten Defense Ties Sea disputes

Bolstering defense Japan - Philippines

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

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

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

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

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

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

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

China's Fishing Vessel tactics

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

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

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

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

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

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

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

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

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

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

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Royal Dutch Shell Plc toplist the Philippines as Investment priority

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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