Aerial view of Mischief Reef, which China occupied in 1995, shows Chinese dredgers in a reclamation frenzy in this May 2015 file photo. REUUTERS
The Philippine government may seek provisional measures against Beijing's reclamation activities in the West Philippine Sea once the Permanent Court of Arbitration (PCA) now hearing Manila's complaint decides that it has jurisdiction over the case.
According to Justice Secretary Leila de Lima, this is one of the steps being studied by the legal team headed by Solicitor General Florin Hilbay. De Lima is part of the country’s delegation to the PCA at The Hague, which opened oral arguments last week. It deliberated Friday following two days of presentations by the Philippine side (China has totally snubbed the proceedings) and announced a second round of hearings on Monday, July 13.
At the weekend, De Lima said, "If the arbitral tribunal rules favorably that it has jurisdiction on the case, then that could be one of the measures that we might ask for.”
At present, the legal team, which includes American lawyers from the law firm Foley and Hoag LLP, is focused on the hearings on the jurisdiction issue.
The notion of seeking provisional measures, if only to mitigate the damage caused by China's relentless reclamation on seven reefs in the South China Sea, was broached recently by Supreme Court Senior Associate Justice Antonio Carpio.
Carpio, who has delivered lectures here and abroad to demolish China’s 9-dash line claim on virtually the entire South China Sea, said the reclamation activities are destroying the marine environment in the area, including reefs that take thousands of years to restore.
There is basis for a provisional measure under the UN Convention on the Law of the Sea or UNCLOS, in Carpio's view.
According to De Lima, the arbitral tribunal at The Hague recognizes the significance of the widely-watched case. The PCA's decision to hold another round of hearings on Monday is a good sign, she said. “The decision of the tribunal to hold another hearing means they’re really very interested to know more about the position of the Philippines on the issue of jurisdiction.”
De Lima said the country is confident of its case and the whole world is watching the proceedings at the PCA.
“We are aware that this is being closely watched by the rest of the world, so our heads are really held high on this one," she added.
Observers from Indonesia, Malaysia, Thailand, Vietnam and Japan were also present during last week's oral arguments, added De Lima, although the Philippine team did not discuss the issue with them.
“The presence of the observers from these countries was taken note of by the tribunal from the opening statement of the presiding officer of the tribunal and we also recognized that in the opening remarks of Foreign Affairs Secretary Albert del Rosario. So that means a lot to us that they are there, observing the proceedings since these countries have also their own claims so they are really keenly observing the proceedings; and the fact that they are there is a boost psychologically to our position,” she added.
Indonesia, Malaysia and Vietnam are the three other ASEAN members besides the Philippines that have overlapping claims in the South China Sea. The fifth claimant is Taiwan. For its part, Japan has a maritime dispute with China over a small string of islands called Senkakus (Diaoyus to Beijing) in the East China Sea.
While the case at The Hague is not meant to settle sovereignty issues but to define clearly the maritime entitlements of nations under UNCLOS, many of the countries in the region closely watch it because their respective fisheries sectors frequently encounter each other in the rich fishing grounds of the SCS.
http://www.interaksyon.com/article/114040/with-fingers-crossed-on-pca-jurisdiction-manila-eyes-temporary-restraint-on-chinese-reclamation
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