Thursday, July 14, 2016

PHL counsel debunks China’s claims on arbitration ruling

From GMA News (Jul 14): PHL counsel debunks China’s claims on arbitration ruling

One of the Philippines' legal counsels in its arbitration case against China debunked Friday the claims of Beijing in its refusal to recognize the ruling of the Permanent Court of Arbitration.

Martin Lawrence, counsel for the Philippines, said China has been claiming that since it did not give consent to the arbitration, the tribunal has no jurisdiction over the territorial dispute, and the ruling is not binding.

But Lawrence stressed that China did give its consent when it signed and ratified the United Nations Convention on the Law of the Sea (UNCLOS).

“When it ratified the UNCLOS, China agreed on all the provisions of the convention particularly on the section that one state may initiate an arbitration. By signing UNCLOS, China specifically agreed to that, China did give its consent,” Lawrence said during a forum on the arbitration case.

He added that that Tribunal has authority to decide whether it has jurisdiction on any matter brought before it and not China.

Further, Lawrence said that UNCLOS states that awards rendered by the arbitration court will be final and binding.

“The Convention on the Law of the Sea is perfectly clear. China agreed to the provisions when it ratified the convention so there is no serious argument on its claim that it did not give consent to the arbitration, the tribunal has no jurisdiction over the territorial dispute, and the ruling is not binding,” he said.

Lawrence also defended the members of the Tribunal.

“This tribunal is unmistakably one of the most qualified ever to sit. These are the gentleman of the  highest repute. I think they are fearless and they are committed to get it right. I think they are owned a tremendous amount of gratitude by the international community,” he said.

The forum is ongoing as of posting time.

http://www.gmanetwork.com/news/story/573768/news/nation/phl-counsel-debunks-china-s-claims-on-arbitration-ruling/just_in

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