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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The next ASEAN tiger cited by Asia Inc & Business leader could be the Philippines

The Philippines has a most unique economy in the world which is highly dependent on domestic consumption that drives their economy that could be hardly hit for any possible global economic recession. Inspite of rich resources, Philippines did not rely on exports to drive a better and fast forward economy.

The Philippines now tagged with fresh opportunities in Asia, boosting and high grades gold mining, boosting of oil and gas exploration,  good political leader,  revived confidence from global investors and now named as to be Asia’s next tiger economy, potentially regaining the glory lost decades ago, according to a visiting regional business leader from Brunei.

Dato Timothy Ong, a leading Brunei businessman who founded and now chairs regional dialogue platform Asia Inc. Forum, said in a press briefing on last September 26, 2011 that he has seen signs that the Philippines could return to its goal of being the next Asian tiger despite staying at the bottom half of the 10-member Association of Southeast Asian Nations (ASEAN) in terms of economic performance for years.

Ong is also the convener of ASEAN 100 Leadership Forum, which will be hosted by the city of Makati on Sept. 28-29, 2011 at the Makati Shangri-La. This year’s ASEAN meet aims to foster insightful and intelligent discussions on the future of ASEAN and how the region can emerge as one of the world’s significant economic blocs.

According to Dato Timothy  Ong, the Philippines can join the ranks of Taiwan, Singapore, South Korea and Hong Kong, the so-called Asian “tiger” economies or newly industrializing countries. He cited five reasons why the country, though a “dark horse,” or a sick man in Asia had the makings of the next move to be the next “tiger.”

The Chair of the regional dialogue platform Asia Inc. Forum cited 5 following reasons why the Philippines could be the next ASEAN Tiger as:

1.      The new leadership under President Aquino has promised to weed out corruption in the country, which has been creating a lot of optimism. It’s widely perceived that the high level of corruption in the country has driven up the cost of doing business.

2.      Mr. Ong said that the Philippines’ would be vast pool of hardworking professionals and skilled manpower, many of whom have been deployed across the globe. “With this wealth of human resources, it’s important to ask then why the Philippines aren’t more successful economically,” he said. Many countries had been dependent on Filipino Professionals and skilled workers to drive their economy like for example banning the Filipino to work in Taiwan will paralyze the Taiwan’s economy. Banning the Filipino to work in the Middle-east might paralyze their economy. Deporting Filipinos in (North Borneo) Sabah might paralyze the Sabah’s economy which the world knew how important the human resources are.  The continues development in the other north Asian countries had been dependent on Filipino skilled workers like for example the Billion Dollar projects of Korea’s builder Hyundai Engineering in Kazakhstan and Turkmenistan which been dependent on Overseas Filipino Workers as highly skilled which the builder could not outsource such kinds from the local man power pool in the 2 ‘stan countries. Many Leading fortune 200 companies in the world are talents hungry but the Philippines have vast and awashing man power pool. Many countries take advantage of Filipinos for not just for cheap labor but also trustworthy multi-tasker and English speaker that could compete globally.

3.      The third factor would be the Philippines’ “centers of excellence,” Ong said, noting that the country has become a competitive hub for business process outsourcing. He likened the Makati central business district to a “First World” city in a Third World country.  “If the Philippines is capable of being first world in these centers of excellence, why can’t it be First World in every respect?” he said.

4.      Ong said the fourth reason would be the Philippines’ homegrown companies that were at par with the world’s best.  He cited fast-food giant Jollibee Foods Corp., international port operator International Container Terminal Services Inc. and the Ayala group of companies. “There is a sense of optimism that characterizes the country as a whole.  As the new government takes its steps in leading the country towards change, it may be able to experience higher standards of governance,” he said.

5.      Finally, Ong noted the Philippines’ “sharply improving competitiveness” as another factor supporting its aspiration to be the next tiger economy. He cited recent reports that the Philippines had jumped 10 notches to 75 from 85 in the latest ranking of the World Economic Forum. Ong said this happened only within the first 15 months of the term of the new president.

Meanwhile, Ong said ASEAN would likely partly meet its target to establish an integrated economic community by 2015.

“A One ASEAN is important for our collective future to accelerate the economic growth, social progress and economic stability in the region; to promote active collaboration and mutual assistance in economic, social, cultural, technical and administrative spheres,” Ong said.

“At the moment, Southeast Asia is like a big gated community where neighbors barely know each other. They know each other by name, they exchange pleasantries but they wouldn’t really go out of their way to have dinner at each other’s house,” he said.

Once integrated, he said, ASEAN could be a very influential bloc as it could become Asia’s third-largest economy next to China and Japan and the ninth-largest in the world.

The Philippines hinting to be a the second ASEAN tiger is so closed to achieve.

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Forum Energy PLC & Philex seeks partners for Oil and Gas Service Contract 72 PHL

Oil and Gas Exploration – Philippines: Forum Energy Plc is scouting for a partner for Service Contract (SC) 72 off Palawan to be able to continue the Oil and Gas exploration activities in the area. a top company official said.

“The company is also assessing potential partnerships in SC 72 to accelerate the development of the project, although there are no proposals currently in place,” Forum chairman Robert Nicholson said in a report.

But he stressed they are optimistic that SC 72 would continue to be one of the company’s major achievements.

“The completion of our first sub-phase work program over SC 72 will be a milestone for the company, since the last data acquisition which was concluded over   five years ago. We expect that this data will give us significant additional information that will enable the company to better assess the various development scenarios and potential partnership options for the SC 72 block at   a critical time in the development of this important asset,” he said.

Forum (through its 100-percent interest in Forum Philippine Holdings Ltd and Forum (GSEC101) Ltd). holds a 70 percent equity in the SC 72 licence. Philex Mining Corp. (through its interests in FEC Resources Inc and Philex Petroleum Corp.) controls 64.45 percent of the share capital of Forum.

SC 72, covers an area of 8,800 square kilometers and contains the Sampaguita gas discovery and a number of additional leads.

In 2008, a joint venture was formed with Monte Oro Resources and Energy Inc. (MORE) which qualified it for the Filipino Participation Incentive Allowance (FPIA). Through a 30-percent farm-out to MORE, the joint venture receives 7.5 percent of gross revenues shared with the government.

In February 2010, the exploration license was converted into a service contract.

Forum Energy had been stressing that SC 72 is not situated in the disputed Spratlys Group of Islands. It said the contract is located in the Reed Bank basin which is at least 150 kilometers east of the disputed Spratlys Island and is closer to the island of Palawan.

Reed Bank has been subject of numerous exploration campaigns in the past under the Philippine contractual regime. The first petroleum contract in the area was awarded by the then Ministry of Energy in 1975.

Forum (through its 100-percent interest in Forum Philippine Holdings Ltd. and Forum (GSEC101 Ltd.) holds a 70 percent equity in the SC 72 licence. Philex Mining Corp. (through its interests in FEC Resources Inc. and Philex Petroleum Corp.) controls 64.45 percent fo the share capital of Forum.

Philex mining provided a financing facility worth $10 million that enabled Forum to progress the development of Service Contract 72.

 

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