Philippines' case against China moves forward as tribunal adopts rules of procedures

From InterAksyon (Sep 3): Philippines' case against China moves forward as tribunal adopts rules of procedures

The Philippines’ complaint against China’s massive claim over the resource-rich South China Sea is moving forward after an international tribunal finalized the rules of procedures on the case and ordered Manila to formally present its petition on March 30, 2014.

China claims "indisputable sovereignty" over the entire waters, where undersea gas deposits have been discovered in several areas. China's claims overlaps with the offshore territories claimed by Asian neighbors surrounding the South China Sea.

Manila sought international arbitration in January and asked a tribunal formed under United Nations Convention on the Law of the Sea (UNCLOS) and based in The Hague, to declare China's massive territorial claim as illegal and invalid.

The progress in the Philippines’s legal challenge against China comes amid increasing animosity between the two Asian nations due to their long-standing territorial conflict.

“In the first Procedural Order, the Arbitral Tribunal formally adopts the Rules of Procedure and fixes 30 March 2014 as the date on which the Philippines should submit its Memorial,” the Permanent Court of Abritration said in a statement on Aug. 27.

“The Arbitral Tribunal directs the Philippines to fully address all issues, including matters relating to the jurisdiction of the Arbitral Tribunal, the admissibility of the Philippines’ claim, as well as the merits of the dispute,” it added.

After seeking the views of the parties, the PCA said the Arbitral Tribunal “will determine the further course of the proceedings, including the need for and scheduling of any other written submissions and hearings, at an appropriate later stage.”

The Rules of Procedure covers communications, language, publicity, organization of hearings, consideration of objections to the Arbitral Tribunal’s jurisdiction, requests for provisional measures, and the appointment of experts to assist the Arbitral Tribunal.

It also determines the course of action to be taken by the court in the event that one of the Parties does not appear in the proceedings.

China refused to join the arbitration, saying the basis of Manila’s complaints are groundless.

On August 1, 2013, China addressed a Note Verbale or diplomatic note to the PCA, reiterating its position that “it does not accept the arbitration initiated by the Philippines” and stated that it was not participating in the proceedings.

The Philippine government has adopted the name West Philippine Sea for parts of the South China Sea.

Vietnam has also squared off with China in the contested region due to recent maritime confrontations.

Many countries are threatened that the conflicts could suddenly turn violent, even by accident, and result in a major armed conflict in Asia.

Although not a party to the territorial row, the United States has declared that it is in its national interest to ensure unfettered access to the sea and that conflicts are resolved peacefully.

http://www.interaksyon.com/article/69992/philippines-case-against-china-moves-forward-as-tribunal-adopts-rules-of-procedures