Arbitres

anonymous asked:

*a secret meetup between heretics* "Alright Marius, you've got the goods. Now hand over the products and I'll give you your pay." "How 'bout we go somewhere more... Private? Especially where no cars can reach us." "What arre you blathering about? No one's around to see us!" *the other guy points at a conspicuous looking Ford Crown Victoria with bullbars and is occupied by two persons who're stuffing themselves with donuts and coffee and may or may not be Arbitrators on a stakeout*

You know it probably happened somewhere at some point.

2

I have noted in a previous post how maps tell a story. And in the case of contesting claims of states, maps provide strong evidence of the past geopolitical realities. 

Hours before the Permanent Court of Arbitration hands down their verdict over the 9-dash line claim of China over the South China Sea, take time to read about why the historical revisionism of the Chinese have distorted their view of their maritime claim reflected in their foreign policy. 

Philippine Supreme Court Associate Justice Antonio Carpio masterfully makes a strong case against China’s claim of “historic right” by showing ancient Chinese maps as evidence pointing out that the southernmost part of ancient China was not James Shoal (on the southernmost tip of the 9-dash line claim) as claimed by China, but had been consistently Hainan Island. The Chinese imperial dynasties never included the Scarborough Shoal nor the Spratlys on their maps. The claim on these islands was bolstered only by a recent Chinese map drawn in 1947, where the ambiguous 9-dash line was solely based. 

In contrast, Justice Carpio also shows maps dating back to the Spanish Colonial Period that show that Scarborough Shoal had always been a Philippine possession, marked even on the maps made during the American Colonial Period in the Philippines. 

Arm yourselves with knowledge and download the pdf of the cartographical exhibit, courtesy of the Institute for Maritime and Ocean Affairs (IMOA)

Click this LINK to access the virtual exhibit of evidentiary maps proving the Philippine case. You can click each map thumbnail to have a high-resolution view of the maps. 


Maps above, from IMOA:

(1) Carta Hydrographica Y Chorographica de las Yslas Filipinas (1734) map published by Pedro Murillo and made by Francisco Suarez and Nicolas dela Cruz. It is the oldest map that gives a name to Scarborough Shoal as “Panacot.” 

(2) Islas Filipinas - Mapa General - Observatorio de Manila (1899), published by Jose Algue and the U.S. Coast and Geodetic Survey in Washington, D.C., calls Scarborough Shoal as “B. Masinloc.” 

Arrivings

At last, my inquisitorial team managed to get into the tunnels, and locate some of the heretics. When I told the arbitres officer that they will be the honoured ones to clean the tunnels, he looked at me like my yokaero aide when I tell him that we are out of bananas.

I have already located the nearest pub in the upper hive, the “Grox and the Combimelta.” Stories tell that it was the steak á lá melta what was the first speciality the bartender could offer for the customers. I cannot wait to get the first reports…

Pokemon Go players: you have 30 days from signup to opt out of binding arbitration

Like most other online services, Pokemon Go’s terms of service are a reboot of the Book of Revelations, full of bizarre horrors, each more grotesque than the last.

But even by the standards of EULAs, Pogo finds new depths to plumb: to play Pokemon Go, you have to accede to a binding arbitration clause, surrendering your right to sue and promising only to seek redress for any harms that the company visits upon you in a system of secretive, one-sidedshadow courts paid for by corporations where class actions are not permitted and the house always wins.

In adding binding arbitration to its terms of service, Pokemon joins a small but growing movement of online services that strip their customers of their legal rights as a condition of sale, including Google Fiber and Airbnb (this is also disturbingly common in the US health care industry; when we moved to California we went through three doctors and two dentists before finding health care professionals that didn’t make surrender of your legal rights a condition of care).

But there’s a way out: if you want to play Pokemon Go without submitting to binding arbitration, you need to send an email to termsofservice@nianticlabs.com with the subject “Arbitration Opt-out Notice” within 30 days of creating your account, and include in the body “a clear declaration that you are opting out of the arbitration clause in the Pokémon Go terms of service.”

You’ve got 30 days from signup to do this, and so do your friends, so spread the word: gotta warn ‘em all!

https://boingboing.net/2016/07/16/pokemon-go-players-you-have-3.html

3

David versus Goliath, Philippines versus China: History in the Making

Tomorrow, at 5:00 pm (11:00 am CEST), the Permanent Court of Arbitration, the world’s oldest intergovernmental organization in settling disputes between countries (founded in 1899), is set to issue their official ruling on the Philippine case against China’s 9-dash line claim on most of South China Sea, under the rules of the UN Convention on the Law of the Sea (UNCLOS), a document signed by both the Republic of the Philippines and the People’s Republic of China. 

For those who do not know, the 9-dash line is a controversial demarcation line used by China to mark its claim to territories and waters in the South China Sea, encompassing 3.5 million square kilometers of sea, virtually the entire South China Sea. The maritime claim include the Scarborough Shoal (Panatag Shoal), the Paracel Islands and the Spratly Islands, island groups and rock formations contested by several other countries including the Philippines. Panatag Shoal is merely 355 kilometers from Manila, far beyond China’s 200 nautical miles of Exclusive Economic Zone (EEZ) and well within the Philippines’, as prescribed in the UNCLOS. 

*Map above from Council on Foreign Relations (CFR)

When the Philippines filed the case, it was the first time that a legitimate complaint regarding the invalidity of the 9-dash line was submitted to an international body. It is, undoubtedly, a game changer. 

To further bolster its claim, the Philippines renamed “the maritime areas on the western side of the Philippine archipelago” that includes areas such as “ Luzon Sea as well as the waters around, within and adjacent to the Kalayaan Island Group and Bajo De Masinloc, also known as Scarborough Shoal” as West Philippine Sea. It must be noted that West Philippine Sea is just a part of the 9-dash line and is not its entirety. Hence, the Philippine move to invalidate the 9-dash line claim also helps out neighboring countries with overlapping claims in the 9-dash line that does not overlap with the Philippines, thus promoting peace and security in the region.

The international community expects a favorable ruling for the Philippines, as it will definitely set into stone an international recognition of the rule of law on the planet’s oceans. Many international observers and geopolitical analysts see this as a David versus Goliath: a small nation of 100 million with weak military might such as the Philippines, versus a nation of 1 billion with a well-funded and strong military and navy like China. The battle so far have been fought not by force of arms (because clearly, the Philippines would be on the defeated end if that was the case) but by arbitration of an impartial and internationally recognized body such as the Arbitral Tribunal.

The goal has been to invalidate China’s preposterous claim of the 9-dash line, which even by the looks of it, is glaring. The country’s filing of the case was applauded by the international community, calling it a “stroke of genius.” It is because the Arbitral Tribunal basically has no mandate to even tackle issues on sovereignty. That’s why when the Philippines initiated its legal claim on January 22, 2013 to the Arbitral Tribunal, and submitted its 4,000-page memorial on March 30, 2014, it “repackaged” its case in such a way that the center of the argument is maritime delimitation and entitlement.

If the Philippines wins (which is more likely), other nations with contesting claims on maritime zones China is claiming in the South China Sea can use the ruling as leverage. And if these nations would use UNCLOS as leverage, they will most definitely follow it and perhaps, like what the Philippines and Indonesia did in May 2014 when the two nations resolved and ended the 20-year dispute over their overlapping maritime zones, these countries will follow suit. 

And China knows this. 

If China continues to ignore the arbitration and defy the ruling to be delivered tomorrow, continuing in militarizing South China Sea and establishing artificial islands, then China’s bid on the leadership of the region will seriously be compromised. Of course, there is no official body to enforce the verdict. And as we have seen with the way China is behaving, they will continue to push the envelope, until the Philippines gives in. As analyst Richard Javad Heydarian said, “the arbitration case is binding, but not enforceable unless the global powers step up to the plate.”

To study more on this issue, I recommend the following articles:

1. The Heart of the Dispute over the West Philippine Sea by Matikas Santos

2. Philippines vs. China: International Law or Rule of the Jungle? By Richard Javad Heydarian

3. Statement of former Philippine Foreign Affairs Secretary Albert del Rosario before the Permanent Court of Arbitration

4. U.S. State Department’s Official Position Paper on South China Sea (released on December 5, 2014)

5. People’s Republic of China’s Official Position Paper on South China Sea (released on December 7, 2014)

6. Interactive Map and Timeline: China’s Maritime Disputes by the Council on Foreign Relations (CFR)

7. Ang West Philippine Sea: Isang Sipat by DFA/PCDSPO 2015

8. Three possible scenarios in South China Sea arbitration ruling by Philippine Supreme Court Justice Antonio Carpio

In all these, the Philippines has gained allies in its David ‘n Goliath legal battle mainly because the Philippine cause in this case is FAIR and RIGHT. As the Memorial filed to the Tribunal indicated, the Philippines had 17 years of bilateral negotiations with China, exhausting all diplomatic channels to no avail. Yet China has never budged nor conceded to meet the Philippines halfway. What was more glaring is the fact that with the fast construction of artificial islands and military outposts in contested areas way within the Philippines’ Exclusive Economic Zone (EEZ), China seems resolute in its position, guided by a revisionist view of history saying that the Scarborough Shoal, among others, is theirs by “historic right.” (I will tackle this in my next post).

War is out of the question. Even in our very own Constitution, we have renounced war and expansionism as instruments of foreign policy. But when a country is being forcibly challenged by another, we Filipinos, beyond allegiances of race and nation-states, should not hesitate to defend not only what is ours, but what is right and fair to all. 

*Screenshot from CFR, the 9-dash line claim of China juxtaposed with Philippine claim.


*Erratum: Apologies. The post earlier erroneously indicated that the announcement of the ruling would be made at 11:00 am local time tomorrow. This has been corrected to 5:00 pm local time, in accordance with the actual official press release of the Permanent Court of Arbitration.


Photos above belong to their respective owners.

(1) An old postcard of the Peace Palace (Vredespaleis), as it looked like on 18 August 1913. The Peace Palace, located at The Hague, Netherlands, is the home of the Permanent Court of Arbitration, built in 1913 for the international body. In 1922, it also became the home of the International Court of Justice.

(2) Former Philippine Foreign Affairs Secretary delivers his speech before the Arbitral Tribunal in the Peace Palace (July 2015), from the Philippine Daily Inquirer. Take note of the vacant seats on the right side, intended for the Chinese delegation. China ignored the call of the Arbitral Tribunal to represent their position, citing that the Tribunal has no jurisdiction in the case.

(3) The Philippine delegation that presented the country’s case in the Arbitral Tribunal, composed of high-level representatives from the three separate branches of Philippine government: Executive, Legislative, and Judiciary. 

hangoutlife.com
Pokemon Go players: you have 30 days from signup to opt out of binding arbitration
Like most other online services, Pokemon Go's terms of service are a reboot of the Book of Revelations, full of bizarre horrors, each more grotesque than the last. But even by the standards of EULAs, Pogo finds new depths to plumb: to play Pokemon Go, you have to accede to a binding arbi

@takashi0 hoping one of your followers is well-versed in this sort of thing. Is this article telling the truth, or is it just fearmongering clickbait?

Because the Philippines won its case against China in the Arbitral Tribunal (Permanent Court of Arbitration, in The Hague, Netherlands), a milestone for international law, I join all the Filipinos around the world in celebrating this joyous occasion. Of course this is just a beginning, but this is a step forward for peace and stability in Southeast Asia. As such, I’m featuring this photo I took of the West Philippine Sea, from Fortune Island, Batangas.

Say the name because it’s legit: West. Philippine. Sea. (Photo taken at Fortune Island, Nasugbu, Batangas, May 30, 2015)

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mic.com
BREAKING: 68 Russian Athletes Barred from 2016 Olympics
What does this latest ruling mean for the Russian Olympic team?
By Mic

NOTE: This blog broke this news story close to a week ago today. 

On Thursday morning, the Court of Arbitration for Sport upheld the ban of 68 Russian athletes from next month’s Olympics in Rio after a November report from the World Anti Doping Agency found that the country had conducted a state-sponsored doping program during the 2012 London Olympics.

According to the Guardian, the International Association of Athletics Foundation celebrated the court’s decision to throw out an appeal on the ban from the Russian Olympic Committee, saying it “created a level playing field for athletes.”

The decision vacated Russia’s track and field Olympic athletes, with only two cleared so far to compete as “neutrals.” The CAS has paved the way for other Russian athletes to follow suit, only requiring that they get repeatedly tested in other countries, reported the BBC.

But while the court may be giving Russian track and field athletes a second chance to prove they can play fair, other officials are calling for a total ban of the country from the Olympic games.

The Guardian obtained a letter International Olympic Committee president Thomas Bach received Wednesday night from “more than a dozen” global anti-doping agencies calling for the dismissal of Russian athletes from all Olympic divisions.

The letter said allowing any and all eligible Russian athletes to compete is the best way to strike “a fair balance between [the committee’s] stated concerns between collective responsibility and individual justice so that no truly clean Russian athlete is barred from the Rio Olympic Games.”

No matter what happens at Rio, IAAF president Sebastian Coe said the foundation’s goal is to get Russian athletes back on the right track.

He told the Guardian, “Beyond Rio the IAAF taskforce will continue to work with Russia to establish a clean safe environment for its athletes so that its federation and team can return to international recognition and competition.”

Rules Nation

To join Rules Nation you must start with these standard rules:

Standard Rules

R0. Anyone can propose new rules!
R1. Individual players can independently accept or reject each proposed rule.
R2. Rules are reversible, you cannot accept a rule that makes it impossible for you to later reject that rule.
R3. If you accept a rule you have to follow it until you explicitly reject it.

Current rule proposals

Mutual non-aggression: If you accept this rule you must not harm anyone against their will if they have also accepted this rule.

Arbitration proposal: Everyone who accepts this rule agrees to have disputes over the meaning of a rule judged by a person who accepted this rule, randomly selected via a ticket system, in which the last person to accept this rule gets a single ticket, the second to last gets two tickets, and the Nth to last gets 2^(N-1) tickets, each ticket has an equal chance of being the winning ticket, and the person holding the winning ticket is selected.

TODO

 - anti-doxxing rules
 - property ownership rules to institute Libertarian paradise
 - taxation / social safety net rules, for and against

anonymous asked:

but antis were wrong about Custody Battle, were wrong about B's jealousy so if you wrong about babygate?

Anon, a word:

The anti position on the custody issue has been consistently that

a) it is none of our business to speculate on emotions behind the scenes. I don’t believe antis have stated definitively BRIANA IS NOT JEALOUS but I do know several antis have stated, over the months, things to the effect that they could sympathize if that were the case, but we are not going to run with it as a fact just because TMZ stated it. I would like to state for myself that I WILL STILL not run with this as a point of contention because, as my first sentence states, it is not my business.

b) that TMZ loves to sensationalize what are otherwise routine settlements that have to be hashed out in court due to various reasons, such as wanting to have an official agreement, being able to have an arbitrator, and something to legally refer back to should friendship and amicable feelings deteriorate. Antis have repeatedly said it does not APPEAR there is contention due to the fact that Briana has never said negative things about Louis when asked, and that they have appeared cordial in public when mutually dealing with Freddie (and Louis with Briana’s family as well). Furthermore, TMZ also said that there was no custody battle in the past. Are we lying? Is that NOT what appeared to be the case?

c) That larries insist that the key to this case is that Freddie will disappear and Louis will deny paternity although neither of these things have been demonstrated to be true, and that TMZ has NEVER raised the question of paternity and repeatedly argues that paternity is not in question, and the fact that Louis continues to be papped and that it is possible the only reason he was able to get pictures of Freddie removed is because of the sensitivity of his health issues (which is why “privacy laws” did not help Louis in the case of Danielle, for those who wonder about the comparison)

d) So you have presented two things that antis largely refrained from commenting in depth on, and largely referred and attempted to respect outward appearances rather than sensationalist headlines to gather information and draw conclusions from due to the sensitive matter (because, and I want to be clear, I as an anti would be DELIGHTED to be wrong about something that was not and never will be my business than feel entitled to dismantle and question the personal details and lives of others in an attempt to prove them liars), and not one anti claimed inside knowledge or certainty about what was going on behind the scenes, or felt that TMZ necessarily had such insight.

e) And based on those two items, you are asking me if we might be wrong about a year-long conspiracy, initiated by Simon Cowell as a spite campaign to punish and smear Louis’ reputation, that was supposed to be denied within days but somehow was extended with or without Louis’ knowledge, such that he was forced to confirm said pregnancy, travel repeatedly to LA whilst on tour in an apparent bid to appear interested in Briana’s progressing pregnancy, while she paraded around her own home neighborhood with friends and family who would surely know she was not pregnant and thus would have to be paid off and sign NDAs preventing them from simply going to the press and saying, yo, she isn’t pregnant.

Then that Simon/OT had her fly to the UK and hang out with Louis’ minor sisters and his mother, while pretending to be pregnant, while in apparent grave danger to her fake pregnant self as she stood next to Louis’ precious sister, then that Louis could be forced to relocate to LA and pretend to move into a house he was never going to live in, then have his twitter fake confirm the birth of a fake baby who was borrowed or photoshopped into his arms, while Jay confirmed that she was a grandmother, and sign or have his name forged onto a birth certificate that is filed with the government at the County of Ventura.

All this while Briana, who padded her stomach and ass and thighs and boobs and face to look like she’d actually put on pregnancy weight, took pictures of dolls and Louis could eventually be forced, again, behind the scenes, to call the paparazzi at all times to film him walking around in public with a doll in a stroller, for everyone to see, but also be bought off and silenced about, then finally carry a real baby around that he refused to interact with or smile at and deliberately allowed drizzle to hit his face so that he would cry and people would stop saying his fake baby that was never born was fake.

That in the remaining three months Louis has been forced to travel the world and talk to press outlets about his fake girlfriend who fake lives in his fake house that he has never lived in but only visits to take selfies in to warn the larries that he’s about to do another fake thing that will signal the imminent end of put off the end of babygate, while Liam is forced to pretend to live in the house Louis himself bought, and that Louis is forced to answer questions about his son and say things like he misses his son and that he wants his son’s first word to be dad and that his son is amazing and getting fatter which is a thing that is verifiably observable by seeing pictures of this baby who happens to resemble him.

And finally, that Louis is currently working with TMZ to slowly release a titillating story about a custody battle that all parties are acting like…. is…. happening…. but re-iterating that there is no question of paternity, and no reason for Louis to doubt paternity, while larries distribute sex tapes incorrectly attributed to Briana, which TMZ isn’t referring to whatsoever, and insist that this is all leading somewhere and is being done for their benefit.

But yes, maybe given all of that, larries are right about babygate and antis are wrong.

consumerist.com
Pokémon Go Strips Users Of Their Legal Rights; Here’s How To Opt Out
Let’s be honest: just about every single one of us agrees to Terms of Service without ever reading what we’re signing away. It’s no different for craze-of-the-week Pokémon Go, a g…

Y’all have fun with Go but maybe consider sending them an e-mail while you still have your 30 window to get out of mandatory binding arbitration

Hey #PokemonGO players - spread the word! You have 30 DAYS FROM SIGN UP TO OPT OUT OF BINDING ARBITRATION!

READ THIS and Repost!

Pokemon Go players: you have 30 days from signup to opt out of binding arbitration

Like most other online services, Pokemon Go’s are a reboot of the Book of Revelations, full of bizarre horrors, each more grotesque than the last.

But even by the standards of EULAs, Pogo finds new depths to plumb: to play Pokemon Go, you have to accede to a binding arbitration clause, surrendering your right to sue and promising only to seek redress for any harms that the company visits upon you in a system of secretive, one-sided shadow courts paid for by corporations where class actions are not permitted and the house always wins.

In adding binding arbitration to its terms of service, Pokemon joins a small but growing movement of online services that strip their customers of their legal rights as a condition of sale, including Google Fiber and Airbnb (this is also disturbingly common in the US health care industry; when we moved to California we went through three doctors and two dentists before finding health care professionals that didn’t make surrender of your legal rights a condition of care).

But there’s a way out: if you want to play Pokemon Go without submitting to binding arbitration, you need to send an email to termsofservice@nianticlabs.com with the subject “Arbitration Opt-out Notice” within 30 days of creating your account, and include in the body “a clear declaration that you are opting out of the arbitration clause in the Pokémon Go terms of service.”

You’ve got 30 days from signup to do this, and so do your friends, so spread the word: gotta warn ‘em all!

The Pokémon Go Terms of Service, as published by developer Niantic Labs, include a restrictive forced arbitration clause that both takes away the user’s right to file a lawsuit against Niantic, but also bars the user from joining others in any sort of class action against the company.

Instead, all legal disputes must be heard — on an individual basis — through private arbitration outside of a courtroom. Each user must mount their own case, even if all of the plaintiff users were wronged in the same exact way by the company.

So, imagine if there’s a huge data breach that results in the leaking of personal information for millions of Go users. Rather than have to answer for the totality of the error, the company would only have to face those few users who take the time — and have the resources — to bring a case before an arbitrator.

Pokémon Go Strips Users Of Their Legal Rights; Here’s How To Opt Out [Chris Morran/Consumerist]

Kris And Luhan Settle With SM Entertainment, Agency’s Representatives Release Statement

Kris And Luhan Settle With SM Entertainment, Agency’s Representatives Release Statement

External image

After arbitration in court, a settlement has been decided on in the legal dispute between SM Entertainment and former EXO members Kris (Wu Yi Fan) and Luhan.

The court has settled the case with recommendation for reconciliation. Kris and Luhan’s contract with SM Entertainment will remain valid until 2022, as per their original contract. 

SM Entertainment’s legal representatives released a…

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Satisfied, Ch. 1

A few months ago, I wrote a story called next to me, in which Emma rescues Killian from making a bad situation worse in small claims court. I decided to continue it, this time expanded and from Emma’s perspective. While it’s CS from here on out, there will be other pairings in flashbacks (Millian, Frozen Swan, and a bit of Gremma) in case that’s not your thing. 

Also part of that beloved trope, friends to lovers. 

Rated T (this chapter). Betad by the fantastic @gray-autumn-sky,


always by your side

April 2015

Damn it. She was going to have to go rescue Killian, wasn’t she? Emma had gotten a text from Graham early that morning telling her that he’d seen that the small claims case between Killian and Gold was being arbitrated that morning. She had just gotten off the graveyard shift, but she could probably throw her uniform back on and make sure he didn’t do something monumentally stupid. It may be legally “small”, but Emma knew Killian was taking this case seriously. His mother’s ring – Milah’s ring, she corrected herself – was at stake.

Keep reading

The South China Sea Arbitration Ruling: An Opportunity for US, China to De-escalate

The South China Sea has become a more dangerous place over the last year. The court’s ruling is a prime opportunity for China, the United States, and the Philippines, as well as other claimants, to put a lid on tensions.  

Learn more in Eric Gomez’s recent blog post… 

anonymous asked:

rule proposal: arbitration rule 2. Everyone who accepts this rule agrees to have disputes over the meaning of a rule judged by either a. a person mutually agreed upon by all involved parties or b. a randomly selected person who accepted this rule.

Presumably randomly selected person also needs to agree…