Philippines: International Court may rule on lawsuit against China in 2016

Philippine Foreign Secretary Albert del Rosario said on October 30 that the Permanent Court of Arbitration in the Netherlands could issue a ruling on the Philippines' lawsuit against China's claims to most of the South China Sea in early 2016.

Philippine Foreign Secretary Albert del Rosario.

Manila's case, which was submitted to the United Nations Arbitration Court in The Hague in January 2013, sought to invalidate China's unreasonable claim of the nine-dash line, also known as the "cow tongue line", which encompasses 90% of the South China Sea, including waters within Philippine territory.

“We expect the arbitration to take place in the first quarter of 2016,” Mr. Del Rosario said in an interview with Philippine news agency ANC today.

The Philippines’ decision to seek arbitration by an international court shows its determination to defend its claims in the South China Sea. A ruling on the case, Del Rosario said, would clarify the Philippines’ maritime rights and ultimately pave the way for a resolution of the disputes.

In March this year, the Philippine government submitted a 4,000-page legal document, which included textual evidence and maps, to protest China's unreasonable claims in the South China Sea.

China has repeatedly said it will not participate in the case and insists on direct negotiations with the Philippines, but the court has given Beijing until December 15, 2014, to submit a response.

Beijing's failure to comply with the court order is expected to speed up the Philippines' case, Del Rosario said, adding that the legal process would proceed with or without China's participation.

“If China does not submit a counter-argument to the court, on December 16, the international arbitration court will send questions to our side. We are expected to answer these questions in March next year and then in July, there will be hearings for two weeks,” the Philippine foreign minister explained.

The arbitral tribunal will then issue its final ruling in the next few months or in the first quarter of 2016, according to Mr. Del Rosario.

Tensions in the South China Sea, one of the world's busiest shipping lanes, have been rising amid China's growing assertiveness by building up its military and military presence and engaging in illegal reclamation activities in disputed areas.

China's actions have raised concerns among countries such as the United States, Japan, Australia and the European Union.

Despite calls from the international community to end its ongoing reclamation activities, Beijing continues to assert its “indisputable” sovereignty over the South China Sea.

But legal experts say China's historical basis for its sweeping maritime claims is inconsistent with modern international law.

The Philippines' foreign minister said China must demonstrate to the world that it respects the law to be recognized by the international community as a responsible state.

According to Dan Tri