The Hague hearings: Discussions on merits of PH case vs. China come to a close

From CNN Philippines (Dec 1): The Hague hearings: Discussions on merits of PH case vs. China come to a close



The Peace Palace in The Hague, the Netherlands is the seat of the Permanent Court of Arbitration.

On Tuesday (November 30), Presiding Arbitrator Judge Thomas Mensah of the Permanent Court of Arbitration in The Hague officially adjourned hearings on the merits of the Philippines' case against China in a territorial dispute over a portion of the South China Sea.



Over the past week, the Philippine delegation presented its responses to the questions sent by the Arbitral Tribunal. Principal Counsel Paul Reichler, Lawrence Martin, Professors Philippe Sands, Bernard Oxman, Alan Boyle, and Andrew Loewenstein all took turns at the lectern to respond to questions posed by the Tribunal.

The two expert witnesses called by the Philippines, Professors Kent E. Carpenter and Clive Schofield, also responded to questions from the Tribunal regarding matters covered by their specialization.

Among other things, the delegation alleged that China's reclamation activities were destroying the maritime environment. In a previous hearing, a video simulation was shown to demonstrate how a cutter suction dredger — a machine said to be used by China in its construction activities — supposedly destroys the sea bed and transfers sand to a pre-selected area.

Read: The Hague hearings: PH argues China destroying South China Sea ecosystem

"There are those who think the rule of law in international relations does not apply to Great Powers. We reject that view. International law is the great equalizer among States. It allows small countries to stand on an equal footing with more powerful States. Those who think 'might makes right' have it backwards. It is exactly the opposite, in that right makes might," said Foreign Affairs Secretary Albert del Rosario in his concluding remarks.



Del Rosario also stressed the international importance of the issue, and pointed out the presence of observers from Australia, Indonesia, Japan, Malaysia, Singapore, Thailand, and Vietnam.

"We believe this arbitration benefits everyone. For China, it will define and clarify its maritime entitlements."

"For the Philippines it will clarify what is ours, specifically our fishing rights, rights to resources and rights to enforce our laws within our EEZ (exclusive economic zone). And for the rest of the international community, it will help ensure peace, security, stability and freedom of navigation and overflight in the South China Sea," del Rosario added.

Beijing has refused to accept and participate in the proceedings. It prefers to conduct bilateral talks with Manila instead. The Tribunal is expected to rule on the case by next year.

http://cnnphilippines.com/news/2015/12/01/hague-hearings-discussions-merits-philippines-vs-china-come-to-close.html