Arbitral tribunal oral arguments on West PHL Sea issue start Tuesday

(Updated 4:15 p.m.) The first round of oral arguments in the case the Philippines filed against China on the West Philippine Sea issue starts Tuesday at The Hague, Netherlands.

According to the Department of Foreign Affairs, the oral arguments will continue until November 30.

Foreign Affairs spokesman Charles Jose said the hearing would start at 2:30 p.m. The Hague time or 9:30 p.m. in Manila.

“This hearing is crucial in the sense that this is the gist of our arbitration case,” Jose said.

“For us it is important that we clarify China’s nine-dash lime claim and if it's in accordance to the United Nations Convention on the Law of the Sea and for us to clarify China’s assertion of indisputable sovereignty based on historic rights."

Jose also said it was important for the court to clarify maritime entitlements of different features in the resource-rich waters, where Vietnam, Malaysia, Brunei and Taiwan also have competing claims besides the Philippines and China.

The Philippines has sent a 48-man delegation led by DFA Sec. Albert Del Rosario.

Also with the delegation are Solicitor General Florin Hilbay, Supreme Court Associate Justice and former Solicitor General Francis Jardeleza, Political Affairs Secretary Ronald Llamas, SC Associate Justice Antonio Carpio, Rep. Rodolfo Biazon (chairman of the House Committee of National Defense and Security), and Deputy Executive Sec. Menardo Guevarra.

With the “high interest” of other nations on the case, Jose said there is a possibility that some countries have sent observers to the hearing, similar to what happened in the oral arguments in July when the court was determining its jurisdiction on the Philippines’ case.

The delegation is ready for the oral arguments and is confident of the strength of the evidence in favor of the Philippines.

China’s non-appearance to the court proceedings is also expected, according to Jose since it has declared several times that it does not recognize Manila’s case, saying it has no basis and lacks legal merit.

“We are confident,” Jose said.

“The court did not reject the 15 issues we raised against China. They said they have immediate jurisdiction on seven claims that we submitted and the others would be determined during the course of the hearing,” he added.

Jose, however, admitted that it could be “unrealistic” to expect that the court would grant favorable decisions on all the 15 claims or submissions in international arbitration parlance that was presented by the Philippines.

President Benigno Aquino III has said that he would respect the decision of the tribunal.

The Philippines filed a case vs. China at the Permanent Court of Arbitration to invalidate China's massive claim over the South China Sea.

The Philippines has argued that China's nine-dash line—a perimeter covering nearly the entire South China Sea including those within the Manila's territories—did not conform with the United Nations Convention of the Law and the Sea (UNCLOS).

The Philippines maintained that going through the legal process was “an open, friendly and durable solution” to the disputes.

Analysts feared that the overlapping claims, if left unresolved, could spark military confrontations.

Foreign governments, led by the United States, have appealed for a peaceful resolution to the disputes and unimpeded access to the waters, which is home to vital shipping lanes, marine resources and oil and gas reserves.

On October 29, 2015, the PCA ruled that it has jurisdiction over seven out of 15 issues raised by the Philippines against China, and set the schedule of hearings.

The PCA said it expects to hand down a ruling on the case next year.

The delegation is ready for the oral arguments and is confident of the strength of the evidence in favor of the Philippines.

The Philippines filed a case vs. China at the Permanent Court of Arbitration to invalidate China's massive claim over the South China Sea. 

China's so-called nine-dash line—a tongue-shaped encirclement covering nearly the entire South China Sea including those within the Manila's territories—did not conform with the United Nations Convention of the Law and the Sea (UNCLOS), the Philippines said. —with a report from Michaela Del Callar/KG/NB, GMA News