The Philippine government is considering provisional measures before the UN Tribunal on the Law of the Sea against Chinese reclamation in the disputed islands in the West Philippine Sea.
The idea to seek remedial remedy from the International Tribunal for the Law of the Sea was first put forward by Supreme Court Associate Justice Antonio Carpio, saying it is allowed under Art. 290 (1) of the UN Convention on the Law of the Sea.
Under that provision, if a dispute has been submitted to a tribunal of competent jurisdiction, the tribunal may prescribe any provisional measures which it considers appropriate under the circumstances to preserve the respective rights of the parties to the dispute or to prevent serious harm to the environment, pending the final decision.
In an interview on Friday, Justice Secretary Leila de Lima said the legal team defending the Philippine claim over the WPS is currently focused on convincing the international tribunal it has jurisdiction over the territorial dispute.
"Kung magru-rule po favorably sa atin (on jurisdiction), siguro iyon na ang susunod na gawin natin... Kasama na iyan sa pinagaaralan ngayon ng legal team (ang suggestion on provisional remedy). Pinagaaralan muna ng husto iyan," said De Lima, who had just arrived from The Hague to observe the proceedings.
De Lima clarified however she the remedy does not "pre-empt" the legal strategy of the Philippine legal team, composed of foreign lawyers and Solicitor General Florin Hilbay.
The Justice secretary stressed the importance of settling first the issue over jurisdiction on the arbitral case filed by the Philippines against China, which has repeatedly invoked its historical claim over the entire South China Sea.
"Jurisdictional pa ito and this is basic this is fundamental. ito muna talaga dapat ang i-hurdle natin jurisdictional issue," De Lima said.
"Kailangan sa mga ganyan ang legal strategy. Importante that the legal strategy is as important as the merits of our position," she added.
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