West Philippine Sea Arbitration Updates
Newsletter-type publication, released from May 2013 to August 2016, that contained the statements of the Secretary of Foreign Affairs on the actions taken by the Philippines with regard to the case it had filed in the Arbitral Tribunal.
The Arbitral Tribunal released on 12 July 2016 the final Award on the case initiated by the Philippines against China on the maritime disputes in the West Philippine Sea / South China Sea.
Philippines Urges China to Respect International Law as Rules-Based Approach Continues to Gain Support
As the Philippines awaits the decision of the Arbitral Tribunal regarding the case filed on the South China Sea issue–expected in April or May 2016 more countries and world leaders have expressed their support for the rules-based and peaceful approach that the Philippines has pursued.
The Philippines Presents Merits of the Case Before the Arbitral Tribunal
The Philippines presented before the Arbitral Tribunal the merits and other remaining issues of jurisdiction and admissibility on the case that it initiated against China regarding the West Philippine Sea / South China Sea. The hearings were held from 24 to 30 November 2015 at the Peace Palace, the headquarters of the Permanent Court of Arbitration (PCA) at The Hague, The Netherlands. The hearings followed the 29 October 2015 release of the Arbitral Tribunal’s decision on the jurisdiction issue, in which the five judges unanimously affirmed that the Tribunal was properly constituted and that non-participation by China does not deprive it of jurisdiction over the case.
Philippine Presents Oral Arguments on the Arbitral Tribunal's Jurisdiction Over the Case Against China
The Philippine delegation, consisting of high-level officials from all branches of the government and international lawyers, appeared before the Permanent Court of Arbitration at The Hague, The Netherlands, on 7-13 July 2015 for the hearing on the Arbitral Tribunal’s jurisdiction over the case filed against China. The hearing, which was set by the Arbitral Tribunal’s third meeting on 20-21 April 2015, addressed the issue of jurisdiction and the admissibility of Philippine claims.
President Benigno S. Aquino III Élysée Palace, Paris 17 September 2014
Arbitration Court Receives Vietnamese Statement; China Ignores Arbitral Tribunal’s Deadline
On 5 December 2014, the Permanent Court of Arbitration that acts as the Registry to the South China Sea case received the “Statement of the Ministry of Foreign Affairs of Viet Nam for the Attention of the Tribunal in the Proceedings between the Republic of the Philippines and the People’s Republic of China.” According to Vietnamese Ministry of Foreign Affairs Spokesperson Le Hai Binh, Vietnam asked the Tribunal to pay due regard to its legal rights and interests in the South China Sea.
Foreign Affairs Secretary Albert del Rosario Bloomberg, 31 July 2014
Arbitration as the Final Approach in Triple Action Plan
The Philippines proposed a Triple Action Plan in the South China Sea that identified arbitration as a final and enduring resolution to address the provocative and destabilizing activities in the region.
Recent developments in the South China Sea demonstrate the increased pattern of aggressive behavior and provocative actions that threaten the peace, security, prosperity, and stability in the region.
Deadline Set for China to Submit Countermemorial; China Declines to Comply
The Arbitral Tribunal handling the Philippine case against China on the West Philippine Sea has set 15 December 2014 as the deadline for China to submit is countermemorial.
Meeting at the Peace Palace at The Hague on the 14th and 15th of May this year, the members of the Arbitral Tribunal issued draft Procedural Order No. 2, setting 15 Dec 2014 as the deadline for China to submit its Counter-Memorial responding to the Philippines’ Memorial that was submitted on 30 March 2014. Both the Philippines and China were given the opportunity to comment on the draft Procedural Order.
Foreign Affairs Secretary Albert F. Del Rosario delivering his statement on the submission of the Philippine Memorial, 30 March 2014
Philippines Submits Memorial
Today, the Philippines submitted its Memorial to the Arbitral Tribunal that is hearing the case it brought against the People’s Republic of China under the United Nations Convention on the Law of the Sea in January 2013. The Philippines’ Memorial was submitted in conformity with the Rules of Procedure adopted by the five-member Arbitral Tribunal last August, which established 30 March 2014 as the due date for its submission. The Memorial presents the Philippines’ case on the jurisdiction of the Arbitral Tribunal and the merits of its claims.
On 22 January 2013, the Philippines formally conveyed to China the Philippine Notification and Statement of Claim that challenges before the Arbitral Tribunal the validity of China’s ninedash line claim to almost the entire South China Sea (SCS) including the West Philippine Sea (WPS) and to desist from unlawful activities that violate the sovereign rights and jurisdiction of the Philippines under the 1982 UN Convention on the Law of the Sea (UNCLOS). This Notification initiated the arbitral proceedings under Article 287 and Annex VII of UNCLOS. The Philippines has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of its maritime dispute with China.