Phl to answer questions from UN tribunal on sea row

MANILA, Philippines - The Philippines will answer questions from the United Nations tribunal on the West Philippine Sea dispute with China during an oral argument in The Hague, the Netherlands.

Speaking to reporters yesterday, Department of Foreign Affairs (DFA) spokesman Charles Jose said the tribunal will give the questions after the Dec. 15 deadline for China to submit its counter-memorial.

“And if we will be asked to go to The Hague for oral arguments then that could take place maybe in the middle of next year,” he said.

China has indicated in its last position paper that it will not participate in the arbitral  process.

Jose said the tribunal will also take China’s side into account.

“Anything in that position paper already serves that purpose,” he said. “China is stating its position so I think that will be taken into account by the court.” 

In a position paper released on Sunday, China outlined  its arguments against the jurisdiction of the Permanent Court of Arbitration in The Hague to take up the case filed by the Philippines last year that could have implications on its claims over nearly all of the West Philippine  Sea.

China has denounced the Philippines for putting it under pressure with an international arbitration case over disputed waters, and refused again to participate a week ahead of a deadline to respond.

China rejects claims to parts of the West Philippine Sea from Vietnam, the Philippines, Taiwan, Malaysia and Brunei.

It also has a dispute with Japan over islands in the East China Sea.

China has long rejected arbitration, insisting it would resolve disputes bilaterally.

Chinese Ambassador Zhao Jianhua said China will not present its counter-memorial to the arbitral tribunal despite being given until Dec. 15 to do so.

“We have taken note of the issues but China will not answer,” Zhao said.

“Because China only ratified the Convention on the Law of the Sea and made it very clear that China will not accept any arbitration by the courts. So it’s a legal right for China as a party to the convention.”

China’s stand against participating in the proceedings has not changed, Zhao said.

On March 30, the Philippines submitted a nearly 4,000-page memorial detailing its arguments and evidence against China’s nine-dash line and other aspects of its expansive and excessive claims in the West Philippine Sea to an arbitral tribunal at The Hague.

Consistent with its peaceful and rules-based approach to settle disputes in accordance with international law, the Philippines initiated arbitration proceedings against China under the UN Convention on the Law of the Sea (UNCLOS) on Jan. 22, 2013.