Hague court has jurisdiction in PH case vs China

By ABS-CBNnews.com

MANILA – The Permanent Court of Arbitration said on Thursday it has jurisdiction to hear the case that the Philippines filed against China over disputed parts of the West Philippine Sea.

In its 151-page decision, the arbitration court found that it has jurisdiction to hear several of the Philippines’ submissions in the West Philippine Sea row.

A statement issued by the Hague-based tribunal said additional hearings would be held to decide the merits of the Philippines’ arguments.

In the case filed before the arbitral tribunal, the Philippines did not argue the issue of who owns the contested islands in the West Philippine Sea.

Instead, the Philippines has asked the arbitral tribunal to declare the features in the disputed sea as “rocks” and not islands.

Under the United Nations Convention on the Law of the Seas (UNCLOS), to which the Philippines and China are both signatories, rocks do not generate maritime entitlement beyond 12 miles.

Manila said that a portion of the maritime territory being claimed by China sits within the Philippines’ 200-nautical mile exclusive economic zone.

“We’re not asking the court to say who owns Panatag shoal. We are arguing that they are within our EEZ and therefore under the rules of UNCLOS, we have exclusive rights to fish within that area,” former Solicitor General and incumbent Supreme Court Associate Justice Francis Jardeleza said in a previous interview.

Territorial claims are the jurisdiction of another body, the International Court of Justice (ICJ), and the ICJ only entertains cases if all parties in the dispute participate. China has refused to do so.

Oral arguments for the case were held in July.

The first round of oral arguments, held from July 7 to 8, saw the Philippines explaining to the court why it should take jurisdiction over the case.

The second round, which ended on July 14, was held for the Philippines to address additional questions from the tribunal. – with a report from Reuters

3 Comments on this post.

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  • Yellow Buster
    29 October 2015 at 5:35 pm - Reply

    Hopefully the Philippine government will maintain a solid and consistent stance on its claims in the west Philippine sea. Yes, we need to seek resolution through the International Court of Justice with solid “Facts”, not akala…kutob…sabi-sabi…istorya ng mga ninuno… China is playing some “bullying” game because of its military power. However, she is much of a coward in defending claim in the International Court of Justice.

  • Mario
    29 October 2015 at 11:31 pm - Reply

    OKAY PH will win from Hague Court, what is next?, do you think China will just give-up those disputed island?, Will the US and PH Navy are going to attack and occupy those island? no way.Even the UN will tell China to vacate those artificial island, they will not leave without a fight.Its too late already. Blame the Obama gov’t for allowing China to reclaimed those 5 islands and made them into a military bases. Blame, Hillary/Bill Clinton for outsourcing US corporations to China, which made China economically and militarily powerful.Blame Cory Aquino, she kicked out the Americans from Subic and Clark Air base.It created a vacuum in the Pacific and China saw that opportunity and immediately China build-up his Navy and Air Force…Kabayan…Game is over.

  • Yellow Buster
    30 October 2015 at 9:30 pm - Reply

    It’s all China’s bluff…she cannot afford aggression on the US, Japan, Philippines and any other countries around the world. Whats going to happen to all Chinese made products? Think about the over population in China (if not the 2nd most populous country in the world)…she needs to feed its people…that’s why China is over fishing or illegally fishing within Philippine territories. The destroyer USS Lassen sailed near the disputed island (?) to ensure sea lanes are open with the notion that China’s sovereignty is nonexistent.

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