MANILA: China to Philippines: Quit Scarborough Shoal

Mabo v Queensland (No 2)

Court High Court of Australia
Full case name Mabo and Others v Queensland (No. 2)
Date decided 3 June 1992

The High Court rejected the doctrine of terra nullius, in favour of the common law doctrine of aboriginal title, and overruled Milirrpum v Nabalco Pty Ltd (1971), a contrary decision of the Supreme Court of the Northern Territory.

The case

The action which brought about the decision had been led by Eddie Mabo, David Passi and James Rice, all from the Meriam people (from the Murray Islands in the Torres Strait). They commenced proceedings in the High Court in 1982, in response to the Queensland Amendment Act 1982 establishing a system of making land grants on trust for Aboriginals and Torres Strait Islanders, which the Murray Islanders refused to accept. The Plaintiffs were represented by Ron Castan, Bryan Keon-Cohen and Greg McIntyre.

The action was brought as a test case to determine the legal rights of the Meriam people to land on the islands of Mer (Murray Island), Dauar and Waier in the Torres Strait, which were annexed to the state of Queensland in 1879. Prior to British contact the Meriam people had lived on the islands in a subsistence economy based on cultivation and fishing. Land on the islands was not subject of public or general community ownership, but was regarded as belonging to individuals or groups.

In 1985 the Queensland Government attempted to terminate the proceedings by enacting the Queensland Coast Islands Declaratory Act 1985, which declared that on annexation of the islands in 1879, title to the islands was vested in the state of Queensland "freed from all other rights, interests and claims whatsoever". In Mabo v Queensland (No 1)(1988) the High Court held that this legislation was contrary to the Racial Discrimination Act 1975.

The plaintiffs sought declarations, inter alia, that the Meriam people were entitled to the Murray Islands "as owners; as possessors; as occupiers; or as persons entitled to use and enjoy the said islands".

Plaintiff's arguments: The plaintiff argued for a possessory title by reason of long possession.
Defendant's arguments: The Queensland government argued that when the territory of a settled colony became part of the Crown's dominions, the law of England became the law of the colony and, by that law, the Crown acquired the "absolute beneficial ownership" of all land in the territory.

The decision

Five judgments were delivered in the High Court, by (1) Justice Brennan,(2) Justice Deane and Justice Gaudron,(3) Justice Toohey,(4) Justice Dawson, and (5) Chief Justice Mason and Justice McHugh.

The decision was based on the findings of fact made by Justice Moynihan of the Supreme Court of Queensland: that the Murray Islanders had a strong sense of relationship to the islands and regarded the land as theirs. All of the judges, except Justice Dawson, agreed that:

there was a concept of native title at common law;
the source of native title was the traditional connection to or occupation of the land;
the nature and content of native title was determined by the character of the connection or occupation under traditional laws or customs; and
native title could be extinguished by the valid exercise of governmental powers provided a clear and plain intention to do so was manifest.

Rejection of terra nullius: The decision recognised that the indigenous population had a pre-existing system of law, which, along with all rights subsisting thereunder, would remain in force under the new sovereign except where specifically modified or extinguished by legislative or executive action. The Court purported to achieve all this without altering the traditional assumption that the Australian land mass was "settled". Instead, the rules for a "settled" colony were said to be assimilated to the rules for a "conquered" colony.

Guantánamo Bay

(Spanish: Bahía de Guantánamo) is a bay located in Guantánamo Province at the southeastern end of Cuba (19°54′N 75°9′WCoordinates: 19°54′N 75°9′W). It is the largest harbor on the south side of the island, and it is surrounded by steep hills which create an enclave that is cut off from its immediate hinterland.

The United States assumed territorial control over the southern portion of Guantánamo Bay under the 1903 Cuban-American Treaty, which granted it a perpetual lease of the area.[1] The United States, by virtue of its complete jurisdiction and control, maintains "de facto" sovereignty over this territory, while Cuba retained ultimate sovereignty over the territory. The current government of Cuba regards the U.S. presence in Guantánamo Bay as illegal and insists the Cuban-American Treaty was obtained by threat of force in violation of international law.[2] Home of USA governed Guantanamo Bay detention camp.

The Falkland Islands

(English pronunciation:/ˈf ɒlklənd/ or /ˈfɔ&#72 0;lklənd/; Spanish: Islas Malvinas) are an archipelago in the South Atlantic Ocean, located more than 250 nautical miles (460 km; 290 mi) east of the coast of mainland South America. The archipelago comprises East Falkland, West Falkland, and 776 lesser islands. Stanley, the capital and only city, is on East Falkland. The islands are a self-governing British Overseas Territory, with the United Kingdom responsible for their defence and foreign affairs.

Controversy exists over the Falklands' original discovery and subsequent colonisation by Europeans. At various times there have been French, British, Spanish, and Argentine settlements. Britain re-established its rule in 1833, yet the islands continue to be claimed by Argentina. In 1982, following Argentina's invasion of the islands, the two-month-long undeclared Falklands War between both countries resulted in the surrender of all Argentine forces. Despite its defeat, Argentina still pursues its claim; however, UK policy supports the islanders' self-determination to remain British citizens.

The population, estimated at 3,140, primarily consists of Falkland Islanders, the majority of British descent. Other ethnicities include French, Gibraltarian, and Scandinavian. Immigration from the United Kingdom, Saint Helena, and Chile has reversed a former population decline. The predominant and official language is English. Under the British Nationality Act of 1983, Falkland Islanders are British citizens.

http://en.wikipedia.org/wiki/Falkland_Islands

Filmalay wrote:

<quoted text>
Filipinos knows by heart where it is located without the aid of navigational gadgets like GPS. Scarborough Shoal is within PH EEZ and therefore belongs to Filipinos period.

heee heee hoooo hooo heee heeee hooo hooo!!!!

waaa waaa waaaa waaa waaa waaaa waaa waaa!!!!

U APES BEG_ HAVE BIGMOUTH wrote:

<quoted text>
heee heee hoooo hooo heee heeee hooo hooo!!!!
waaa waaa waaaa waaa waaa waaaa waaa waaa!!!!

Wow ! This is the most articulate you have ever been Riffy! Anyway, how's your mum doing. Still swinging around in the cage, eh ???

U APES BEG_ HAVE BIGMOUTH wrote:

<quoted text>
heee heee hoooo hooo heee heeee hooo hooo!!!!
waaa waaa waaaa waaa waaa waaaa waaa waaa!!!!

LMAO! English pls... Stupid wanker.

^ look at the sex tourist rushing in to protecting their brown monkey wives and half monkey children...

lol forgetting...

there is a reason you were able to steady barfine your wife "fresh from province"

for 500 bucks a month....

O wait I think if you bargained you can get a steady barfine for 400 bucks a month

always talking about bars tsktsk...

that's all the guy is capable of anyways. acting like a monkey, fornicating like a monkey, talking like a monkey.

nothing new amongst our Chinamen posters.

U APES BEG_ HAVE BIGMOUTH wrote:

Mabo v Queensland (No 2)
Court High Court of Australia
Full case name Mabo and Others v Queensland (No. 2)
Date decided 3 June 1992
The High Court rejected the doctrine of terra nullius, in favour of the common law doctrine of aboriginal title, and overruled Milirrpum v Nabalco Pty Ltd (1971), a contrary decision of the Supreme Court of the Northern Territory.

Prior to British contact the Meriam people had lived on the islands in a subsistence economy based on cultivation and fishing.

I highlighted the important parts of your stupid long off topic post.

DUH.

How can it be terra nulluis if people lived there before?

Did China live in Scarborough Shoal? Dumbass?

*did the Chinese

Cev wrote:

that's all the guy is capable of anyways. acting like a monkey, fornicating like a monkey, talking like a monkey.
nothing new amongst our Chinamen posters.

One could just imagine where the Beggar with Big Mouth gets his rage from. The tosser actually thinks that the whole country is just like Angeles and run Trike drivers and bar girls. Only idiots would believe that. Lol.

Austronesian Guy wrote:

China’s consistent refusal to bring its claim to the United Nation’s International Court of Justice (ICJ) or United Nation’s International Tribunal on the Law of the Sea (ITLOS) by itself is a tacit admission that it cannot prove its so called historical claim before a proper neutral court.
Stop denying, CHINA can't prove their 9 dash line claim!

shamelessphildog,,they use their children as human shield..totally shameless and coward phildog.

shamelessphildog wrote:

<quoted text>
shamelessphildog,,they use their children as human shield..totally shameless and coward phildog.

How?????

By erecting a kindergarten school on Pag-asa Island in the Spratlys?

That's where you stupid and ignorant Chinese comes in and attack us? While we offer basic education and services for our Filipino brothers who live in the Spratlys, you take it as a breach of your FAKE sovereignty?

FCK U and GO TO HELL.

We have full sovereignty over the Spratlys, with history, use, control, occupation, and administration of the same.

You Chinamen on the other hand, only have ILLEGALLY occupied a REEF there when there was a typhoon, and lied your way into erecting a permanent structure there.

Unresponsible man wrote:

<quoted text>
Austronesian went philippines did not passed these dispute islands, that why I told you to turn the map upside down!!!it doesnt matter the Autronesian is fact or fake! the problem Philippines have no proof!

The Austronesians discovered farther places like Hawaii, Magagascar, and New Zealand. Do you think they did not see the Spratly's? Use your common sense, the disputed Islands are very close to the Philippines and are very close to their motherland. They even reached Hainan, Vietnam and Thailand.

Do you know what PREHISTORY means? It means NO RECORDED HISTORY.

But Historians, anthropologists, and archaeologists worldwide supports the Austronesian theory through extensive research based on science and facts.

How bout your Chinese Historical Claim? Do you know any world historians, anthropologists, and archaeologists that supports it? Excluding Chinese Historians of course.

No one supports China's fake historical claim.

The world is not stupid you know.

The Austronesians ruled the Pacific including the West Philippine Sea (South China Sea)

U APES BEG_ HAVE BIGMOUTH wrote:

Guantánamo Bay
(Spanish: Bahía de Guantánamo) is a bay located in Guantánamo Province at the southeastern end of Cuba (19°54&#8242;N 75°9&#8242;WCoordinates: 19°54&#8242;N 75°9&#8242;W). It is the largest harbor on the south side of the island, and it is surrounded by steep hills which create an enclave that is cut off from its immediate hinterland.
The United States assumed territorial control over the southern portion of Guantánamo Bay under the 1903 Cuban-American Treaty, which granted it a perpetual lease of the area.[1] The United States, by virtue of its complete jurisdiction and control, maintains "de facto" sovereignty over this territory, while Cuba retained ultimate sovereignty over the territory. The current government of Cuba regards the U.S. presence in Guantánamo Bay as illegal and insists the Cuban-American Treaty was obtained by threat of force in violation of international law.[2] Home of USA governed Guantanamo Bay detention camp.

2012 PH Economy Highlights:

1. The Philippines is now the 2nd fastest growing economy in Asia after China

2. Philippine Stocks number 1 in Asia

3. By 2050, the Philippines will leapfrog 27 places to become the world’s 16th LARGEST ECONOMY (Out of almost 200 countries in the world)

4. PH soon to join "tiger economies" like Japan, South Korea, Singapore, and Hong Kong.

5. The Philippines - once a borrower and now a lender to ailing economies--has pledged to pump US$1 billion to the International Monetary Fund's (IMF) resources meant to help distressed economies, including those in the eurozone.

Bloomberg reports about the Philippines Strong Economy

http://www.youtube.com/watch...

Correction

3. By 2050, the Philippines will leapfrog 27 places to become the world’s 16th LARGEST ECONOMY (Out of almost 200 countries in the world)

Should be 14th not 16th Largest Economy

U APES BEG_ HAVE BIGMOUTH wrote:

The Falkland Islands
(English pronunciation:/&#712;f &#594;lkl&#601;nd/ or /&#712;f&#596;&#72 0;lkl&#601;nd/; Spanish: Islas Malvinas) are an archipelago in the South Atlantic Ocean, located more than 250 nautical miles (460 km; 290 mi) east of the coast of mainland South America. The archipelago comprises East Falkland, West Falkland, and 776 lesser islands. Stanley, the capital and only city, is on East Falkland. The islands are a self-governing British Overseas Territory, with the United Kingdom responsible for their defence and foreign affairs.
Controversy exists over the Falklands' original discovery and subsequent colonisation by Europeans. At various times there have been French, British, Spanish, and Argentine settlements. Britain re-established its rule in 1833, yet the islands continue to be claimed by Argentina. In 1982, following Argentina's invasion of the islands, the two-month-long undeclared Falklands War between both countries resulted in the surrender of all Argentine forces. Despite its defeat, Argentina still pursues its claim; however, UK policy supports the islanders' self-determination to remain British citizens.
The population, estimated at 3,140, primarily consists of Falkland Islanders, the majority of British descent. Other ethnicities include French, Gibraltarian, and Scandinavian. Immigration from the United Kingdom, Saint Helena, and Chile has reversed a former population decline. The predominant and official language is English. Under the British Nationality Act of 1983, Falkland Islanders are British citizens.
http://en.wikipedia.org/wiki/Falkland_Islands

Philippine Economy

The Goldman Sachs estimates that by the year 2050, it will land on the 14th place and one in its list of the Next Eleven economies. HSBC projects the Philippine economy to become the 16th largest economy in the world, 5th largest economy in Asia and the largest economy in the South East Asian region by 2050.