PHL sees UN court ruling on case vs. China in 3 months

The Department of Foreign Affairs expects the United Nations tribunal to reach a decision in three months on whether it has jurisdiction over the Philippines’ case questioning China’s massive claim in the South China Sea.

Foreign Affairs spokesman Charles Jose said this was the estimate provided by the country’s legal counsel Paul Reichler based on previous cases handled by the The Hague-based Permanent Court of Arbitration, where a five-man panel of judges are hearing the Philippines' case.

“That was the estimate of Paul Reichler based on experience and previous cases,” Jose told a press briefing. “He said it may take 90 days for the tribunal to come out with a decision on the question of jurisdiction.”

“If they have jurisdiction then they will continue with the merits of the case so we anticipate that we will be asked again to go to The Hague for the oral arguments,” Jose further said.

Philippine officials, backed by international maritime and international law experts, are in The Hague to try to convince the court to assume jurisdiction on the case despite opposition from China. Oral arguments ends Monday, July 13.

China, which refused to participate in the proceedings, insists the tribunal has no jurisdiction on Manila’s complaint because it tackles sovereignty and maritime delimitation – issues that are beyond the scope of the tribunal and of the 1982 UN Convention on the Law of the Sea (UNCLOS).

The Philippines refuted China’s assertion, saying its case is not about determining sovereignty over territories nor about maritime boundary delimitation.

China’s decision not to take part in the legal proceedings, Philippine diplomats said, is also seen to fast-track the arbitration case that was filed last January 2013 by the Philippines.

If the court assumes jurisdiction, Jose said a final ruling is expected either on the first quarter of 2016 or before the end of President Benigno Aquino III’s term in June of the same year.

“Our anticipation (on the ruling) if not in the first quarter then hopefully in the first half,” Jose said.

Chinese officials accused the Philippines of stirring tensions in the region and “seriously damaging” their bilateral relations for seeking international arbitration. The Philippines' move, however, is supported by foreign governments like the United States, European Union and Japan.

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

China said it has “indisputable” sovereignty over most parts of the South China Sea – a claim the Philippines called “excessive” and a “violation of international law.”

Beijing’s far-reaching claims overlap with the territorial boundaries of its other Asian neighbours such as Vietnam, Malaysia, Brunei and Taiwan.

Analysts feared that the overlapping claims could spark military confrontations, while foreign governments 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. —KBK, GMA News