United Nations tribunal starts arbitration process on Philippines -China sea dispute

A United Nations tribunal has been convened in the Netherlands to look into a complaint filed by the Philippines questioning the legality of China's massive territorial claim in the resource-rich South China Sea.

"The Philippine government is pleased that the Arbitral Tribunal is now formally constituted, and that the arbitration process has begun," Foreign Affairs spokesman Raul Hernandez told a press briefing Tuesday.

The progress in the Philippines's legal challenge against China comes amid increasing animosity between the two Asian neighbors due to their long-standing territorial conflict.

Manila and Beijing recently traded diplomatic barbs over the Philippines's decision to seek international arbitration - the latest manifestation of a longstanding territorial feud between the two countries over South China Sea territories.

Recently, the conflict was reignited with tense confrontations between Chinese and Philippine vessels in two disputed shoals – Scarborough and Ayungin – off Manila's western coasts.

At their first meeting on July 11, the President and Members of the Tribunal designated The Hague in the Netherlands as the seat of the arbitration and the Permanent Court of Arbitration as the Registry for the proceedings, the Department of Foreign Affairs (DFA) said.

Part of the process is to determine if the tribunal has jurisdiction over Manila's complaint. The case will only proceed once the tribunal decides that the complaint filed by the Philippines has legal merit and falls under its jurisdiction.

"Whether they have decided jurisdiction, they will publicly announce this," Hernandez said.

Manila pledged its "fullest cooperation" with the tribunal "in order to assure a fair, impartial and efficient process that produces a final and binding judgment in conformity with international law."

Set of rules

At the July 11 meeting, the tribunal approved a draft set of Rules of Procedure to govern the proceedings, which were sent to the Philippines and China for comment.

The tribunal requested both parties to submit their comments by August 5, along with their proposed schedule for the submission of their written pleadings.

With or without China's response, the proceedings will carry on, Hernandez said.

The Philippine government and its counsel, Paul Reichler of Foley and Hoag, are now studying the draft Rules of Procedure, and will submit the required documents requested by the tribunal, Hernandez said.

The DFA, he added, will issue statements from time to time to keep the public informed about the progress of the arbitration.

Information will also be made available to the public on the website of the Permanent Court of Arbitration.

Source of conflict

The Philippines sought arbitration under the UN Convention on the Law of the Sea (UNCLOS) last January to try to declare as "illegal" China's nine-dash claim, which covers almost all of the South China Sea, including sections that have been declared as the West Philippine Sea.

China has resisted Manila's move to let a U.N. body intervene in the disputes, saying the Philippines' case was legally infirm and carried unacceptable allegations.

China prefers to negotiate one on one with other claimants, which would give it advantage because of its sheer size compared to smaller rivals that have less military force.

The South China Sea - a strategic waterway and major trade route – had been a source of conflict among competing claimants the Philippines, Vietnam, Malaysia, Brunei, China and Taiwan.

The vast waters are dotted with islands, reefs, cays, shoals and rock formations. The region is believed to be rich in natural gas and oil deposits, and analysts say the competing claims could spark a military conflict in the region.

Tensions in the area spiked anew last year after the Philippines and Vietnam separately accused China of fresh incursions in areas they say fall within their sovereign waters. - VVP/YA

GMA News

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Korea's biggest delegation of 182 Executives to arrive the Philippines for Investment

The Philippines' Department of Trade and Industry & Korea Importers Association (KOIMA) 

K-Biz to visit Philippines in search of trade opportunities

The biggest delegation of South Korean businessmen will arrive this week to look at potential trade, investment and tourism opportunities in the Philippines, according to the Department of Trade and Industry (DTI).

DTI said a 182-strong mission composed of chief executives and senior officers belonging to the Korea Importers Association (KOIMA) will visit the Philippines from July 17-20.

KOIMA groups over 8,000 public and private importers that handle 70 percent of South Korea's major imports such as agricultural produce, consumer goods, food and industrial products.

DTI-Bureau of Export Trade Promotion (BETP) said this is the biggest inbound business mission to come from South Korea.

"We view the delegation's visit as an opportunity to further improve our economic relations with South Korea. We also look at it as support to our efforts in raising awareness about the Philippines' supply capabilities and sustaining the current momentum of tourism interest among Koreans," Trade Undersecretary Ponciano C. Manalo Jr. said in a statement.

"The DTI also sees the opportunity to develop and expand the current inventory of Philippine exports by exposing the group of Korean importers to alternative products and services. Examples of these products are organic chemicals, oleo-chemicals, minerals other than copper, electronics, motorcycle parts," Manalo said.

The visiting South Korean business mission will attend a DTI-led trade and investment seminar as well as a business matching session with Filipinos, and will also join a Department of Tourism-led (DOT) tour at a plantation resort.

DTI quoted KOIMA as saying that the group's Philippine visit is "one of the major activities of the association backed by [the South Korean] government."

"This year, the Philippines was selected over Thailand and Myanmar as the country to be visited by KOIMA's summer buying mission," Manalo said.

DTI-BETP data showed that two-way trade between the Philippines and South Korea last year reached $7.4 billion. Philippine imports outnumbered exports, with the former increasing 1.19 percent to $4.5 billion last year from $4.4 billion in 2011—making South Korea the fifth largest source of imports. But Philippine exports rose at a faster 27.93 percent to $2.9 billion last year from $2.2 billion in 2011, making South Korea the sixth biggest export destination.

The Philippines and South Korea enjoy free trade under the Asean-Korea Free Trade Agreement (AKFTA).

Interaksyon

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Anti-Age Discrimination in Employment Act of 2013 - To End Employment Discrimination – Pia Cayetano

Age doesn't matter, says Cayetano in anti-discrimination in work bill

A bill that will prohibit and penalize employers who will decline any application or forcibly lay off a worker on the basis of age and other forms of discrimination has been filed at the Senate.

Senator Pia Cayetano said she filed Senate Bill No. 29 or the Anti-Age Discrimination in Employment Act of 2013 to put an end to what she considered an emerging type of discrimination in the labor front — discrimination in employment based on a person's age.

The bill, she said, sought to penalize any employer, labor contractor or labor organization that would discriminate against any individual because of age.

Cayetano said the measure was anchored on the constitutional provision that mandates the state to ensure equality of employment opportunities for all.

"The basis for employment should be a person's knowledge, skills and qualifications which are necessary to perform a job. A person's age should not be an issue," she said in a statement on Tuesday.

"Prejudice against age is apparent in job postings which set arbitrary age limits for applicants. We often see these in classified ads, job fairs, billboards and the Internet," she said.

Under the proposed measure, employers from the private sector as well as the national and local government units would be prohibited from:

* Printing, publishing, or causing the printing or publishing of any notice of advertisement relating to employment suggesting preferences, limitations, specifications and discrimination based on age;

* Requiring the declaration of age or birth date during the application process;

* Declining any employment application because of the applicant's age;

* Discriminating against an individual on account of his or her age in terms of compensation, terms and conditions, privileges, promotions and other opportunities; and

* Forcibly laying off an employee because of old age.

"You would think that this is an issue affecting senior citizens, but no, even those in their late 20s are already discriminated against," Cayetano said.

"When I go around the country, people who look to be in their late 20s, 30s or 40s would sometimes approach and ask me, 'Senadora, pwede po ba nating ipagbawal sa batas ang age limit sa job hiring? Kahit may edad na po kami, kaya pa naman namin, pero laging mas bata ang pinipili ng mga employer['Senator, is it possible to prohibit the setting of age limits in job hiring? We are still capable despite our age, but employers tend to prefer younger applicants over us.']"

Once enacted into law, any person who would violate the measure would be fined not less than ₱50,000 but not more than ₱500,000, or imprisoned for not less than three months but not more than two years, or both, at the discretion of the court.

Inquirer

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