Arguments Open in Philippine Case Against China's

South China Sea Claims

After winning a victory on the issue of jurisdiction, Manila moves to arguments
about the merits of its case.

By Shannon Tiezzi
November 25, 2015
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On Tuesday, an arbitral tribunal in The Hague began hearing arguments on the merits
of the Philippines case against Chinas South China Sea claims. The tribunal at the
Permanent Court of Arbitration will hold the first rounds of arguments on the merits of
the case from November 24 to 30.
This round of hearings comes after the tribunal considered arguments on the question
of jurisdiction. Though China has consistently refused to take part in the arbitral
proceedings, in December 2014 Beijing released a position paper holding that the
tribunal does not have the jurisdiction to rule on the case. China reasoned that the
issues raised in the Philippine case could not be considered without determining
sovereignty, which the tribunal is not empowered to do.
Beijing was dealt a blow in late October when the tribunal largely ruled in the
Philippines favor on the question of jurisdiction. That decision allows the case to move
forward to arguments on the actual merits of the case (while simultaneously considering
some outstanding questions of jurisdiction). The hearings this week are the first round
of those arguments.
According to a statement from the Philippine government, the Philippines delegation to
the hearings comprises 48 individuals, including 6 Philippine ambassadors from
different posts in Europe, counsel, advocates, expert witnesses, and support staff. The
delegation is led by Foreign Affairs Secretary Albert del Rosario and also includes
Political Affairs Secretary Ronald Llamas, Solicitor General Florin Hilbay, and
Representative Rodolfo Biazon, who chairs the Committee of National Defense and
Security in the House of Representatives. The statement said the team was fully
prepared to present our case to the Tribunal.

The tribunal itself is composed of five members: Judge Thomas A. Mensah (the tribunal
president), Judge Jean-Pierre Cot, Judge Stanislaw Pawlak, Judge Rdiger Wolfrum,
and Professor Alfred H. A. Soons.
China responded to the opening of the hearing by continuing to condemn the entire
proceedings. When asked for comment on the arbitration case, Foreign Ministry
spokesperson Hong Lei reiterated that Chinas position is crystal clear: we will neither
accept nor participate in the arbitration. Hong called the arbitration case an attempt
to negate Chinas territorial sovereignty and maritime rights and interests in the South
China Sea and a breach of bilateral consensus with China and [the Philiippines]
commitment in the Declaration on the Conduct of Parties in the South China Sea
(DOC).
Though China has rejected the case, other countries have welcomed the attempt to use
international law to untangle some of the issues involved in the South China Sea. While
in the Philippines for the Asia Pacific Economic Cooperation forum, U.S. President
Barack Obama said that the United States considers it very important simply to
uphold the basic principle that these issues should be resolved by international norms
and rule of law, and peacefully settled.
Japanese officials said Prime Minister Shinzo Abe also raised concerns about Chinas
behavior in the South China Sea during the ASEAN summits in Malaysia this weekend.
Meanwhile, Australian Prime Minister Malcolm Turnbull reportedly warned Chinese
Premier Li Keqiang that Chinas policies toward the disputed region were
counterproductive, harming its relationship with its neighbors.
Also in Malaysia, Philippine President Benigno Aquino III urged China to respect the
rule of law. As the arbitration process we have entered into continues to its logical
conclusion, we are hopeful that China would honor its word and respect the rule of law.
The world is watching and expects no less from a responsible global leader, Aquino
said.
Though no other countries joined the Philippines case against China,
both Vietnam and Indonesia have indicated they might consider filing their own South
China Sea-related cases. Indonesia and Vietnam have sentobservers to the hearings, as
have Malaysia, Thailand, and Japan.
The international community is watching closely, as this is the first time arguments
about the legality of Chinas nine-dash line claim to much of the South China Sea have
been put to the test. A final decision on the merits of the case is expected in summer
2016 and though China has sworn to ignore any decision, it will face immense
international pressure to comply.

http://thediplomat.com/2015/11/arguments-open-in-philippine-case-against-chinassouth-china-sea-claims/