Metro Manila (CNN Philippines) — The Arbitral Tribunal of the Permanent Court of Arbitration (PCA) in The Hague will convene on Friday (July 10) to deliberate its jurisdiction over the Philippines’ case against China’s activities in the West Philippine Sea.
Throughout the first round of arguments, the Philippine delegation explained to the five-member court that nothing bars the tribunal from exercising authority over the territorial dispute.
The United Nations Convention on the Law of the Sea (UNCLOS), which came into force in 1994, is a cornerstone of the delegation’s arguments. The Philippines and China are signatories to the agreement.
UNCLOS’ parties have agreed to a 200-nautical mile exclusive economic zone (EEZ) past their respective territorial waters. However, China’s historically-based nine-dashed line — which it uses to justify its activities in the West Philippine Sea — overlaps with the Philippine EEZ.
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China has refused to accept the arbitration and participate in the proceedings. However, it published a “Position Paper” last December that explained why the tribunal has no jurisdiction over the case. “The subject-matter of the Philippines’ claims is in essence one of territorial sovereignty over several maritime features in the South China Sea, which is beyond the scope of the Convention and does not concern the interpretation or application of the Convention,” the paper said.
“Chinese activities in the South China Sea date back to over 2,000 years ago. China was the first country to discover, name, explore and exploit the resources of the South China Sea Islands and the first to continuously exercise sovereign powers over them.”
Beijing prefers to conduct bilateral negotiations with Manila. “Nonetheless, the Arbitral Tribunal has noted that it remains open to China to participate in the proceedings at any time,” the PCA said.
In his plea to the tribunal last Tuesday (July 7), Department of Foreign Affairs (DFA) Secretary Albert del Rosario said that the the delegation is not asking the tribunal to rule on the territorial sovereignty of the dispute, but on the Philippines’ maritime entitlements on the South China Sea, as provided by UNCLOS.
He noted that the nine-dashed line extends beyond China’s EEZ. Hence, “[T]he Convention does not recognize, or permit the exercise of, so called ‘historic rights’ in areas beyond the limits of the maritime zones that are recognized or established by UNCLOS.”
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The DFA chief also accused China of “irreversibly” damaging the regional marine environment “by its destruction of coral reefs in the South China Sea, including areas within the Philippines’ EEZ, by its destructive and hazardous fishing practices, and by its harvesting of endangered species.”
“China has pursued its activities in these disputed maritime areas with overwhelming force. The Philippines can only counter by invoking international law.”
Del Rosario also expressed concern for the integrity of UNCLOS and the “legal order for the seas and oceans.”
“If China can defy the limits placed by the Convention on its maritime entitlements in the South China Sea, and disregard the entitlements of the Philippines under the Convention, then what value is there in the Convention for small States Parties as regards their bigger, more powerful and better armed neighbors?”
Although the proceedings are closed to the public, the PCA has permitted the governments of Malaysia, Indonesia, Vietnam, Thailand, and Japan to send small delegations as observers.
