Ruling on Phl maritime case vs China seen next year

MANILA, Philippines - A ruling on the Philippines’ case against Chinese claims in the South China Sea could be the most significant move by any tribunal established under the United Nations Convention on the Law of the Sea (UNCLOS).

However, a finding of no jurisdiction by the judges over the case will dim hopes of using arbitration as a peaceful means of resolution in the future.

Officials at the US think tank Center for Strategic and International Studies (CSIS) said a tribunal at the Permanent Court of Arbitration in The Hague would likely rule on the Philippine case against Chinese claims by the end of 2015 or 2016.

This is expected to shape Southeast Asia as other countries which have claims in waters in the South China Sea are watching the case, Murray Hiebert, a senior fellow and deputy director of the Sumitro Chair for Southeast Asia Studies at the CSIS in Washington, and Gregory Poling, a fellow with the Sumitro Chair, said.

“Decision could be the most significant by any tribunal established under the UNCLOS,” Hiebert and Poling pointed out.

CSIS Sumitro Chair for Southeast Asia Studies is a forum for high-level policy dialogue focusing on the region and US interests.

The Philippines initiated an arbitration case against China to challenge its so-called “nine-dash line” position, an expansive claim of “indisputable sovereignty” over almost the entire South China Sea.

“If the judges find that they do not have jurisdiction, it will dim hopes of using arbitration as a peaceful means of resolution in the future,” Hiebert and Poling said in their commentary.

“But if the judges do find jurisdiction, they will almost certainly rule China’s nine-dash line an invalid claim to maritime space.”

China has rejected arbitration and indicated that Beijing is not participating in the arbitration process.

The Permanent Court of Arbitration set Dec. 15 for Beijing to submit its counter-memorial response to Manila’s written arguments.

But China ignored the deadline and argued the arbitral tribunal does not have jurisdiction over the case.

In that case, Beijing, which maintains that it will not take part in the proceedings and will not submit its arguments, “will face some difficult choices,” Hiebert and Poling said.

source:  Philippine Star

‘Lawyers united vs China’s sea claims’

Lawyers do not see eye-to-eye on anything because they actually make a living out of disagreements. But according to  one of the country’s foremost foreign affairs and economic analyst, with regards to the question of territorial sovereignty in the South China Sea, there is practically a general agreement among legal eagles, both here and abroad, that China’s “nine dash line” claim is in conflict with international law.

“I talked to top international lawyers and experts from New York, (Washington) DC to Hawaii,” said Prof. Richard Heydarian in a television interview Monday.

“It’s rarely that lawyers agree on anything, they make money out of disagreements. But on this issue practically there’s a consensus that the nine dash line is inconsistent.”

He pointed out that many lawyers argue that one can only claim historical rights over waters such as bays or coastal waters but not all the way into the high seas.

“In fact around 50 years ago, China itself in one of its documents conceded that South China Sea constitutes high seas,” said Heydarian who recently visited the US to discuss with government and university experts issues related to the United Nations Convention on the Law of the Seas (UNCLOS) and the South China Sea territorial dispute.

On the other hand, Heydarian described the Philippine strategy as “smart” considering that “UNCLOS is not just about certain sovereignty, it’s all about territorial delimitation.”

source:  Manila  Bulletin

DFA lauds Vietnam’s role in UN arbitration

VIETNAM has helped ensure peace in the South China Sea dispute with Beijing by following the Philippines in seeking UN arbitration, the Philippines’ Department of Foreign Affairs (DFA) said.

Beijing claims almost the entire energy-rich South China Sea, but Brunei, Malaysia, the Philippines, Vietnam and Taiwan also have claims. Only Brunei has not occupied and garrisoned territory in the potential flash point in the region.

Vietnam on Thursday submitted its position to a UN arbitration tribunal initiated by the Philippines over the festering dispute. China called on Vietnam to respect its sovereignty and has refused UN arbitration.

“The Vietnamese position is helpful in terms of promoting the rule of law and in finding peaceful and nonviolent solutions to the South China Sea claims based on international law,” the DFA said. “This promotes peace and stability in our region.”

China, Vietnam, and the Philippines are signatories to the UN Convention on the Law of the Sea, an international agreement that grants the right to explore and exploit resources within 200 nautical miles of a state’s shore. Both Hanoi and Manila say Beijing is extending beyond the limit.

In May, China placed its largest mobile oil rig close to Vietnam’s coast in the Paracel islands that prompted angry protests in Hanoi against Chinese business interests. At the same time, Beijing began reclamation in the Spratly islands and appeared to be building airstrips in the area.

Beijing has also seized control of Scarborough Shoal near the Philippines’ main island of Luzon and chased civilian ships delivering supplies to Philippine-held Second Thomas Shoal in the Spratlys.

The Philippines and Vietnam appear to be ending decades of distrust. Last year, the two sides held a first-ever navy-to-navy talks and last month, Hanoi displayed its two most powerful missile-guided stealth frigates in Manila during a port call. The two states will hold the first strategic defense dialogue early next year.

“Vietnam’s legal opinion puts political weight on the Philippine legal case,” Professor Rommel Banlaoi, a security analyst, said on television.

“What Vietnam did was in fact supporting, reaffirming, and even rallying behind the Philippine legal action and that’s good for our national interest.” -- Reuters

source:  Businessworld