Tribunal orders China to respond to PHL’s complaint over sea row

June 4, 2014 9:44am 1028 35 1 1294 (Updated 5:37 p.m.) A United Nations-backed international arbitral tribunal has ordered China to respond to the Philippines' claim that Beijing illegally occupied certain areas in the South China Sea. The Hague-based Permanent Court of Arbitration issued its second Procedural Order after the second meeting of the Arbitral Tribunal's members last May 14 and 15. However, in an statement later Wednesday, China reiterated its refusal to take part in the arbitration proceedings and rejected the ruling. ‘Open and friendly resolution mechanism’ In a memorial submitted to the tribunal on March 30, 2014, the Philippines argued that China illegally occupied at least eight South China Sea shoals, reefs and similar features belonging to the Philippines. It also said China's claims that it owns the disputed territory did not conform with the United Nations Convention on the Law of the Sea (UNCLOS). Beijing has continuously ignored the arbitration process, even saying in its May 21, 2014 note verbale that it will not participate in the proceedings. Earlier Wednesday, the Philippines asked China to reconsider its rejection of the legal challenge to its territorial claims and join the arbitration case. "We wish to reiterate that arbitration is a peaceful, open and friendly resolution mechanism that offers a durable solution to the disputes in the South China Sea," Foreign Affairs Spokesman Charles Jose told a press briefing. "We continue to urge China to reconsider its decision not to participate in the arbitration proceedings." At a press conference, presidential spokesperson Edwin Lacierda said they leave it to China whether or not it will comply with the order. "This is a process that all parties are abiding by. So, whether China responds or not... we leave it with them," he said. And while the country is waiting for the decision of the tribunal, the Palace official assured the public that authorities are securing the country's territories. "I think that’s where we have made measures both by the BFAR (Bureau of Fisheries and Aquatic Resources) and also by our coast watch to strengthen and to ensure our maritime resources," he said. Until December 15, 2014 The arbitral tribunal in its Procedural Order No. 2 has given China until December 15, 2014 to submit a counter memorial to the Philippine complaint that seeks to denigrate Beijing's massive claim, which Manila calls illegal and excessive. Chairing the five-member Arbitral Tribunal is Judge Thomas Mensah of Ghana. The other members include: - Judge Jean-Pierre Cot of France - Judge Stanislaw Pawlak of Poland - Professor Alfred Soons of the Netherlands - Judge Rüdiger Wolfrum of Germany Last May 21, the Permanent Court of Arbitration received a note verbale from China where Beijing reiterated it "does not accept the arbitration initiated by the Philippines.” China added the note verbale “shall not be regarded as China’s acceptance of, or participation in the proceedings.” On the other hand, the tribunal said it allowed both sides a chance to comment on scheduling, with the Philippines submitting its comments last May 29. The arbitration procedure started on Jan. 22, 2013, when the Philippines served China a notification and statement of claim. China rejected the Philippines' notification. Foreign Affairs Secretary Albert del Rosario said the memorial submitted March 30, 2014 to the Permanent Court of Arbitration “contains the Philippine analysis of the applicable law and the relevant evidence, and demonstrates that the tribunal has jurisdiction over all the claims made by the Philippines.” Representing the Philippines are: - Solicitor General Francis Jardeleza - counsels Paul Reichler and Lawrence Martin, Foley Hoag LLP, Washington DC - Professor Bernard Oxman, University of Miami School of Law, Miami - Professor Philippe Sands, London - Professor Alan Boyle, Essex Court Chambers, London Meanwhile, China has not appointed an agent as it does not accept the arbitration process. Tensions in Ayungin Shoal included Earlier, Solicitor General Francis Jardeleza said the incidents in Ayungin Shoal were included in the Philippine case. “The Philippines amended its statement of claim including Ayungin as part of the arbitration,” he said. Tensions over Ayungin Shoal (also called Ren’ai Reef by China but internationally known as Second Thomas Shoal) intensified on March 9 when Chinese coast guard ships blocked two Philippine civilian vessels which were sailing toward the disputed rocky outcrop. Also in March, Military officials reported an incident of harassment as they launched another attempt to transport supplies and fresh Filipino troops to a grounded Philippine Navy ship manned by more than a dozen Marines and sailors, which has become a symbol of Philippine sovereignty in the offshore territory. Pressure from China Under the arbitration procedure, the filing of a counter-memorial should be made by China. Upon submission, the tribunal will decide on the next steps and advise the parties involved in the case on its next course of action. Since the Philippines filed the case in January 2013, Beijing has attempted to pressure Manila into withdrawing from the legal process. China has also put diplomatic pressure on other claimant states not to support the Philippines. China maintains "historical and indisputable claim" nearly over the entire sea and its features, even as it overlaps with the territorial jurisdiction of its neighbors like the Philippines. West Philippine Sea Manila adopted the name West Philippine Sea for parts of the waters that are within its territorial boundaries. Vietnam, Malaysia, Brunei, and Taiwan are also claimants to the South China Sea – a major trading route where undersea oil and gas deposits have been discovered. An expert said Manila’s filing of the memorial would step up pressure on China in defending its nine-dash line claim – a tongue-shaped encirclement that covers a huge swath of the South China Sea. “It will add moral pressure on China to make its claims to ‘historic rights’ and ‘indisputable sovereignty’ clearer in terms of international law,” Professor Carl Thayer of the Australian Defense Force Academy told GMA News Online. The arbitral process could take up to a year or longer and during this period, China is expected to further reinforce its claims, said Thayer. On the other hand, the United States, European Union and many Asian governments have supported the Philippines' decision to seek a solution to the dispute through peaceful means "in accordance with international law" instead of military aggression. A decision in favor of the Philippines would strengthen the rule of international law, Thayer said. “Using international law may be the ‘weapon of the weak’ but the valiant attempt by the Philippines to employ legal means to create a stable regional order will be viewed positively by most regional states, including those in the Association of South East Asian Nations,” Thayer said. UNCLOS has no provisions for enforcement, but a favorable ruling will be seen as a moral victory for the Philippines. — Joel Locsin, Michaela del Callar and Kimberly Jane Tan, with a report from Reuters/LBG/KG/BM, GMA News