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08 July 2015 – The high-powered Philippine team for the UNCLOS arbitration case currently being heard by an arbitral tribunal in The Hague has begun presenting the arguments for the Philippine position, with emphasis on the tribunal’s proper jurisdiction to hear and decide the case.

The first to speak for the Philippines on the first day of the oral arguments was Solicitor General Florin Hilbay, who introduced the case and presented the order of speakers for the Philippines. He was followed by DFA Secretary Albert del Rosario, who explained the reason for the Philippines’ decision to seek arbitration in the current maritime dispute with China and made an impassioned plea for the tribunal to recognize its jurisdiction because of the importance of the case, not only to the region but to the entire world, and its impact on the application of the rule of law in maritime disputes.

Following the DFA Secretary was the chief counsel for the Philippines, Mr. Paul Reichler of the US-based Foley Hoag law firm, who presented the justification for the tribunal’s jurisdiction over the Philippine claims under UNCLOS. He was followed by other foreign legal experts, who explained how the Philippine claims did not raise questions of sovereignty over land or raise questions of maritime delimitation. Issues of sovereignty and maritime delimitation are beyond the scope of the Tribunal’s jurisdiction to hear the current case, but do not form part of the Philippine claims.

 

For the second day of the oral arguments, the Philippines’ lawyers will further explain how the Philippine case did not fall under the specific UNCLOS exemptions which would preclude the tribunal from hearing the case. They also will present strong arguments regarding the strength of the Philippines’ environmental and fishing claims against China. The Philippine legal team is expected to summarize the Philippines’ case and reply to questions to be raised by the tribunal before the oral arguments conclude on July 13. END