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发表于 6-5-2019 10:19 PM
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tuaceng 发表于 6-5-2019 10:16 PM
不是仲裁庭去appoint,是菲律宾和President of the International Tribunal for the Law of the Sea ,完全是按照UNCLOS条文。
不需要得到联合国秘书长同意!
你要就拿出法律条文,证明有这个规定!
偷盜罪就是, 不須我多說.
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发表于 6-5-2019 10:20 PM
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菲律宾和President of the International Tribunal for the Law of the Sea ,绝对有权力使用聯合國保管的資產, 根本无需取得秘书长允許與同意!
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发表于 6-5-2019 10:20 PM
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錯, 因為仲裁庭不屬聯合國下屬組織....所以無權使用.
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发表于 6-5-2019 10:21 PM
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不是偷盗,是依足法律:
(b) The party instituting the proceedings shall appoint one member to be chosen preferably from the list referred to in article 2 of this Annex, who may be its national. The appointment shall be included in the notification referred to in article l of this Annex. (c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in article l of this Annex, appoint one member to be chosen preferably from the list, who may be its national. If the appointment is not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointment be made in accordance with subparagraph (e). (d) The other three members shall be appointed by agreement between the parties. They shall be chosen preferably from the list and shall be nationals of third States unless the parties otherwise agree. The parties to the dispute shall appoint the President of the arbitral tribunal from among those three members. If, within 60 days of receipt of the notification referred to in article l of this Annex, the parties are unable to reach agreement on the appointment of one or more of the members of the tribunal to be appointed by agreement, or on the appointment of the President, the remaining appointment or appointments shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 60-day period. (e) Unless the parties agree that any appointment under subparagraphs (c) and (d) be made by a person or a third State chosen by the parties, the President of the International Tribunal for the Law of the Sea shall make the necessary appointments. If the President is unable to act under this subparagraph or is a national of one of the parties to the dispute, the appointment shall be made by the next senior member of the International Tribunal for the Law of the Sea who is available and is not a national of one of the parties. The appointments referred to in this subparagraph shall be made from the list referred to in article 2 of this Annex within a period of 30 days of the receipt of the request and in consultation with the parties. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the dispute. |
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发表于 6-5-2019 10:21 PM
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那就犯了偷窃罪. 不是聯合國下屬組織, 無權使用.
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发表于 6-5-2019 10:22 PM
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根据UNCLOS,菲律宾和President of the International Tribunal for the Law of the Sea ,绝对有权力使用聯合國保管的資產, 根本无需取得秘书长允許與同意!
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发表于 6-5-2019 10:23 PM
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错,根据UNCLOS,绝对合法!
(b) The party instituting the proceedings shall appoint one member to be chosen preferably from the list referred to in article 2 of this Annex, who may be its national. The appointment shall be included in the notification referred to in article l of this Annex. (c) The other party to the dispute shall, within 30 days of receipt of the notification referred to in article l of this Annex, appoint one member to be chosen preferably from the list, who may be its national. If the appointment is not made within that period, the party instituting the proceedings may, within two weeks of the expiration of that period, request that the appointment be made in accordance with subparagraph (e). (d) The other three members shall be appointed by agreement between the parties. They shall be chosen preferably from the list and shall be nationals of third States unless the parties otherwise agree. The parties to the dispute shall appoint the President of the arbitral tribunal from among those three members. If, within 60 days of receipt of the notification referred to in article l of this Annex, the parties are unable to reach agreement on the appointment of one or more of the members of the tribunal to be appointed by agreement, or on the appointment of the President, the remaining appointment or appointments shall be made in accordance with subparagraph (e), at the request of a party to the dispute. Such request shall be made within two weeks of the expiration of the aforementioned 60-day period. (e) Unless the parties agree that any appointment under subparagraphs (c) and (d) be made by a person or a third State chosen by the parties, the President of the International Tribunal for the Law of the Sea shall make the necessary appointments. If the President is unable to act under this subparagraph or is a national of one of the parties to the dispute, the appointment shall be made by the next senior member of the International Tribunal for the Law of the Sea who is available and is not a national of one of the parties. The appointments referred to in this subparagraph shall be made from the list referred to in article 2 of this Annex within a period of 30 days of the receipt of the request and in consultation with the parties. The members so appointed shall be of different nationalities and may not be in the service of, ordinarily resident in the territory of, or nationals of, any of the parties to the dispute. |
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发表于 6-5-2019 10:23 PM
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tuaceng 发表于 6-5-2019 10:21 PM
不是偷盗,是依足法律:
(b) The party instituting the proceedings shall appoint one member to be chosen preferably from the list referred to in article 2 of this Annex, who may be its national. The ... 先讀完甚麼叫unless吧. ITLS只是執行UNCLOS條文, 它不是仲裁庭, 仲裁庭是別人.
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发表于 6-5-2019 10:24 PM
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ITLS可以, 但它不是南海事件的仲裁庭......所以它只是輔助.
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发表于 6-5-2019 10:25 PM
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tuaceng 发表于 6-5-2019 10:23 PM
错,根据UNCLOS,绝对合法!
(b) The party instituting the proceedings shall appoint one member to be chosen preferably from the list referred to in article 2 of this Annex, who may be its nat ... 那指出那個條文有 right of use / right to use / entitle to use
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发表于 6-5-2019 10:26 PM
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他不是仲裁庭,不过是他appoint仲裁官就对了!
就是合法!
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发表于 6-5-2019 10:27 PM
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shall appoint
shall make the necessary appointments
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发表于 6-5-2019 10:28 PM
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发表于 6-5-2019 10:28 PM
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要例外, 他也只appoint中國的judge,
菲國自行appoint 的judge呢?
一個不合法, 就整個仲裁庭不合法啦, 儍X
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发表于 6-5-2019 10:29 PM
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发表于 6-5-2019 10:30 PM
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本帖最后由 SuperKedah 于 6-5-2019 10:33 PM 编辑
只是說有權appoint, 又沒有說你有這個right在不合法的仲裁庭用list
你要建立的仲裁庭是非聯合國下屬組織,
那你就要顧好所有法律層面的東西,
被人抓到痛腳, 當然會讓你的仲裁變成不合法!!!!
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发表于 6-5-2019 10:31 PM
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看你这么久还是被法律条文压得死死的。
直接承认该仲裁合法吧!愿意认输,没人会笑你的。
输了在那里自己骗自己,只能让大家笑话!
看到你收皮后,我就收工看戏也,哈哈哈! |
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发表于 6-5-2019 10:33 PM
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发表于 6-5-2019 10:35 PM
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你拿不出來同意書, 只能用這種耍賴的態度嗎?
不要笑死人啦! 丟人現眼!
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发表于 6-5-2019 10:35 PM
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本来菲律宾和President of the International Tribunal for the Law of the Sea都可以appoint的,都是合法的。
我收工,你收皮啦!
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