Author Topic: Philippines-China Sea Dispute Hearing at the Hague (Read 1687 times)

islander · « **on:** July 08, 2015, 02:14:24 PM »

Philippines in full force on 1st day at The Hague

Paterno Esmaquel II
July 08, 2015

TEAM PHILIPPINES. The Philippine team at the Peace Palace in The Hague, Netherlands, before the start of the oral arguments in connection with the arbitration case against China. The country's delegation includes Solicitor General Florin Hilbay, Senior Associate Justice Antonio Carpio, Justice Secretary Leila de Lima, Presidential Adviser on Political Affairs Secretary Ronald Llamas, Speaker Feliciano "Sonny" Belmonte Jr, Executive Secretary Pacquito Ochoa Jr, Foreign Secretary Albert del Rosario, Defense Secretary Voltaire Gazmin, Associate Justice Francis Jardeleza, Chief Presidential Legal Counsel Benjamin Caguioa, Deputy Executive Secretary for Legal Affairs Menardo Guevarra, Consul General Henry Bensurto, and legal counsels led by Paul Reichler of Foley Hoag. Photo courtesy of DFA

MANILA, Philippines (UPDATED) â€“ The Philippines came out in full force on the first day of its oral hearings at The Hague, The Netherlands, over its historic case against China over the South China Sea.

On Tuesday, July 7, the Philippines argued that the arbitral tribunal at the Permanent Court of Arbitration, based in The Hague, has the right to hear the Philippines' case.

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islander · « **Reply #1 on:** July 08, 2015, 02:16:09 PM »

Eventually, if the tribunal decides it has jurisdiction, the country can proceed to invalidate China's expansive claim over virtually the entire South China Sea.

Deputy Presidential Spokesperson Abigail Valte, who was among the Philippine officials at The Hague, said Solicitor General Florin Hilbay introduced the Philippines' case during Tuesday's hearing. Hilbay also presented the order of speakers.

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islander · « **Reply #2 on:** July 08, 2015, 02:17:11 PM »

Foreign Secretary Albert del Rosario, for his part, "made an impassioned plea for the tribunal to recognize its jurisdiction." Del Rosario cited the importance of the case "not just to our country but to the entire world, owing to its impact on the application of the rule of law in maritime disputes."

The Philippines' chief counsel, Paul Reichler, and Professor Philippe Sands later argued why the tribunal has the right to hear the case.

This first round of arguments is set to continue Wednesday.

http://www.rappler.com/

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islander · « **Reply #3 on:** July 08, 2015, 02:27:19 PM »

Behind-the-scenes photos

Images published by the Philippine government show a powerhouse team defending the Philippines.

A photo released by the Philippine Department of Foreign Affairs showed an 18-member Philippine delegation at the Peace Palace in The Hague.

The photo includes Hilbay and Reichler, an internationally renowned lawyer.

On Tuesday, Valte tweeted other photos showing the Philippines' last-minute preparations.

â€@Abi_Valte

1st batch of PH delegates arrive at the Peace Palace at The Hague. Hearing begins at 230pm, Netherlands time.

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islander · « **Reply #4 on:** July 08, 2015, 03:23:32 PM »

@Abi_Valte

Solicitor General Florin Hilbay goes over some points of his presentation w/ DFA Asecs B. Valeriano & E. De Vega
6:58 PM - 7 Jul 2015

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islander · « **Reply #5 on:** July 08, 2015, 03:24:05 PM »

@Abi_Valte

Defense Sec Voltaire Gazmin, Usec Emmanuel Bautista & Justice Sec Leila de Lima waiting for the hearing to start
7:05 PM - 7 Jul 2015

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islander · « **Reply #6 on:** July 08, 2015, 03:25:20 PM »

@Abi_Valte

Speaker of the House Feliciano Belmonte in conversation with Political Affairs Secretary Ronald Llamas.
7:08 PM - 7 Jul 2015

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islander · « **Reply #7 on:** July 08, 2015, 03:27:01 PM »

@Abi_Valte

Consul General Henry Bensurto Jr., DESLA Menardo Guevarra and PH Amb. to Belgium Victoria Bataclan.
7:22 PM - 7 Jul 2015

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islander · « **Reply #8 on:** July 08, 2015, 03:27:36 PM »

@Abi_Valte

Secretary Albert del Rosario exchanging pleasantries with Professor Alan Boyle (L) and folks from Foley Hoag.
7:50 PM - 7 Jul 2015

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islander · « **Reply #9 on:** July 08, 2015, 03:27:59 PM »

@Abi_Valte

Secretary Leila De Lima is introduced to Paul S. Reichler, our Lead Counsel from Foley Hoag LLP.
7:52 PM - 7 Jul 2015

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islander · « **Reply #10 on:** July 08, 2015, 03:29:02 PM »

Philippine Communications Secretary Herminio Coloma Jr earlier told journalists that Manila is "following its position of seeking a rules-based, diplomatic and peaceful solution."

But Chinese Foreign Ministry spokesperson Hua Chunying said China opposed the arbitration.

"China has on many occasions expounded its position by neither accepting nor participating in the arbitrary procedure unilaterally initiated by the Philippines in breach of the agreement repeatedly confirmed with China as well as the Philippines," she said.

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islander · « **Reply #11 on:** July 08, 2015, 03:30:11 PM »

"China opposes any moves by the Philippines to initiate and push forward the arbitral proceedings," Hua said.

Still, in an interview with Rappler, Senior Associate Justice Antonio Carpio of the Philippine Supreme Court said China would be forced "one way or another" to comply with the tribunal's ruling. He expects the ruling to favor the Philippines. â€“ With reports from Agence France-Presse/Rappler.com

http://www.rappler.com/

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islander · « **Reply #12 on:** July 08, 2015, 06:15:31 PM »

DAY 2 at the Hague

PH to Hague tribunal: China threatens law of the sea

The Philippines says UNCLOS shows 'that principles trump power; that law triumphs over force; and that right prevails over might'

Paterno Esmaquel II
July 08, 2015

DAY TWO. The Philippine delegation waits inside a session hall at The Hague, The Netherlands, for the second day of the oral hearings on the Philippines' case against China over the South China Sea. Photo courtesy of Abigail Valte

MANILA, Philippines â€“ The Philippines cautioned an arbitral tribunal at The Hague, The Netherlands, that China's expansive claim over disputed waters threatens the law of the sea and endangers small countries like the Philippines.

In the Philippines' opening salvo in its case at The Hague, Philippine Foreign Secretary Albert del Rosario said the South China Sea dispute "goes to the very heart" of the so-called Constitution for the Oceans, the United Nations Convention on the Law of the Sea (UNCLOS).

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islander · « **Reply #13 on:** July 08, 2015, 06:16:54 PM »

"In the Philippinesâ€™ view, it is not just the Philippinesâ€™ claims against China that rest in your capable hands. Mr President, it is the spirit of UNCLOS itself," Del Rosario said Tuesday, July 7, addressing the 5-member tribunal's president.

"That is why, we submit, these proceedings have attracted so much interest and attention. We call on the tribunal to kindly uphold the convention and enable the rule of law to prevail," he said.

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islander · « **Reply #14 on:** July 08, 2015, 06:17:52 PM »

He also hailed the provisions of UNCLOS on settling sea disputes. "It is these dispute resolution provisions that allow the weak to challenge the powerful on an equal footing, confident in the conviction that principles trump power; that law triumphs over force; and that right prevails over might."

The Philippines' top diplomat delivered this statement on the first day of oral hearings at The Hague.

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islander · « **Reply #15 on:** July 08, 2015, 06:18:30 PM »

Before him, Philippine Solicitor General Florin Hilbay introduced the Philippines' case. Later, the Philippines' chief counsel, Paul Reichler, and Professor Philippe Sands argued why the tribunal has the right to hear the arbitration proceedings.

This is the first time a country brought China to court over the South China Sea dispute.

China refuses to join the proceedings. Instead it pushes for bilateral or one-on-one talks with the countries involved.

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islander · « **Reply #16 on:** July 08, 2015, 06:19:21 PM »

Violation 'in both word and deed'

In his speech, Del Rosario explained that China violates UNCLOS by asserting its "historic rights" established by its 9-dash line.

The 9-dash line is China's demarcation to claim virtually the entire South China Sea.

The Philippines pointed out that UNCLOS "does not recognize" China's so-called historic rights through the 9-dash line.

What UNCLOS upholds is a 200-nautical mile exclusive economic zone (EEZ).

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islander · « **Reply #17 on:** July 08, 2015, 06:21:12 PM »

The EEZ is the area 200 nautical miles within a coastal state's baselines or edges, within which it has the exclusive rights to fish and to exploit other resources.

The Philippines says a huge part of the South China Sea, which it calls the West Philippine Sea, falls within its EEZ.

"Sadly, China disputes this, Mr President, in both word and deed," Del Rosario said.

"It has therefore, in the Philippinesâ€™ view, breached the convention by violating Philippine sovereign rights and jurisdiction. China has pursued its activities in these disputed maritime areas with overwhelming force. The Philippines can only counter by invoking international law," he said.

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islander · « **Reply #18 on:** July 08, 2015, 06:21:53 PM »

'Of utmost importance' to all

Del Rosario added: "In fact, China has done much more, Mr President, than to simply claim these alleged 'historic rights.' It has acted forcefully to assert them, by exploiting the living and non-living resources in the areas beyond the UNCLOS limits."

China, for instance, has buried 311 hectares of coral reefs through its island building activities, according to the Philippines.

At the same time, China has "forcibly" prevented other coastal states, including the Philippines, "from exploiting the resources in the same areas."

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islander · « **Reply #19 on:** July 08, 2015, 06:23:06 PM »

Filipino fishermen, for one, have complained that China is blocking them from fishing in the South China Sea.

Del Rosario said: "The question raised by the conflicting positions of the Philippines and China boils down to this: Are maritime entitlements to be governed strictly by UNCLOS, thus precluding claims of maritime entitlements based on 'historic rights'? Or does the UNCLOS allow a state to claim entitlements based on 'historic' or other rights even beyond those provided for in the Convention itself?"

Because of this, Del Rosario said the Philippines' case "is of the utmost importance to the Philippines, to the region, and to the world."

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islander · « **Reply #20 on:** July 08, 2015, 06:24:38 PM »

After all, China's claim has "created significant uncertainty and instability in our relations with China and in the broader region."

Referring to UNCLOS, Del Rosario told the tribunal: "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?" â€“ Rappler.com

http://www.rappler.com/

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