Arbitration On The South China Sea Rulings From The Hague

Arbitration on the South China Sea: Rulings from the Hague
Arbitration on the
South China Sea:
Rulings from The Hague
PHILIPPINES FILES CASE AGAINST PRC

The Philippines initiates proceedings against the PRC under Annex VII to UNCLOS. The Notification and Statement of
Claim outlines the Philippines grievances against China and legal base for its claims, as well as discusses the nature of the
various maritime features in question. It states that the Philippines is seeking a ruling that declares that claims in in the
South China Sea must comport with UNCLOS, which would invalidate Chinas nine-dash line; classifies maritime
features occupied by China as rocks, low tide elevations, or submerged banks, but not islands; and declares the
Philippines right to operate inside of its EEZ and continental shelf as outlined by UNCLOS without Chinese harassment.
https://amti.csis.org/ArbitrationTL/[8/8/2016 4:47:54 PM]
The USS
Harnett County, a former U.S. ship
that was grounded by the Philippines on Second Thomas Shoal and is used as a
military outpost. Wikimedia Commons: Mdhennessey
January 22, 2013
CHINA RESPONDS
China submits a Note Verbale rejecting the claims made by the Philippines in the Notification and Statement of Claim,
and calling on the Philippines to resolve the dispute through bilateral negotiations. China states that the Arbitral Tribunal
lacks jurisdiction in the case.
Feb 19, 2013
CHINA REFUSES TO ACKNOWLEDGE ARBITRAL AUTHORITY

China issues a Note Verbale stating that it does not accept the arbitration initiated by the Philippines and therefore will
not participate in the proceedings.
August 1, 2013
HAGUE ISSUES RULES AND TIMETABLE

The Permanent Court of Arbitration at The Hague issues a press release outlining the rules of procedure and the initial
timetable.
August 27, 2013
PHILIPPINES SUBMITS MEMORIAL

The Philippines submits its Memorial to the Arbitral Tribunal. The ten volume Memorial contains the Philippines legal
analysis and evidence for the case, as well as argues that the Arbitral Tribunal indeed has jurisdiction over the case.
Attorney Paul
Reichler, legal adviser for the Philippines arbitration case, Flickr user: CSIS Center for Strategic and International Studies
March 30, 2014
INTERNATIONAL COURT OF JUSTICE SETS DEADLINE FOR SUBMISSIONS

The Permanent Court of Arbitration at the International Court of Justice issues a press release providing updates on the
case and further outlining the proceedings by setting December 15, 2014 as the deadline for China to submit its CounterMemorial as a response to the Philippines Memorial.
June 3, 2014
US RELEASES "LIMITS IN THE SEAS" REPORT

The United States Department of State issues a Limits in the Seas report on Chinas Nine-Dash Line claim. In the report,
the State Department examines three different possible rationales for Chinas Nine-Dash Line claim and examines the
legality of each under UNCLOS and customary international law. In its examination of the legality of a historic waters
claim, the report notes that numerous claimants in the South China Sea participate in activities that demonstrate that there
is not an effective or continuous exercise of Chinese sovereignty in the region.
Presidents Obama and Aquino meeting in

Manila, 28 April 2014, Flickr user U.S. Department of State
December 6, 2014
PRC MOFA ISSUES POSITION PAPER

The PRCs Ministry of Foreign Affairs issues a position paper on the arbitration case. In the document, China reiterates
comments made in the Note Verbale in February 2013 by outlining its arguments for why the case does not fall within the
scope of UNCLOSs compulsory dispute mechanism. The paper argues that the arbitration ultimately deals with
sovereignty over disputed islands, a claim which the Philippines claims is contradicted by their initial Notification and
Statement of Claim. China states that its own sovereignty over the maritime features in question has never been
determined by an international body, so the Arbitral Tribunal, which is unable to rule on issues of sovereignty, cannot
determine the extent of Chinas maritime rights. China refuses to comment on whether or not some of the disputed
features are indeed low-tide elevations, even though these features figure prominently in the Philippines case. China also
argues that by signing the 2002 ASEAN-China Declaration of Conduct for Parties in the South China Sea, the Philippines
agreed that bilateral negotiations were the only acceptable means of resolving such disputes.
December 7, 2014
VIETNAM WEIGHS IN
The Vietnamese government issues a statement reiterating its claims in the Spratly Islands (Truong Sa) and Paracel Islands
(Hoang Sa). Additionally, Vietnam requests that the Arbitral Tribunal pay due attention to the legal rights and interests of
Viet Nam.
December 11, 2014
COURT ACKNOWLEDGES CHINA'S FAILURE TO SUBMIT A COUNTER-MEMORIAL

The Permanent Court of Arbitration issues a press release acknowledging Chinas decision to not submit a Counterhttps://amti.csis.org/ArbitrationTL/[8/8/2016 4:47:54 PM]
Memorial by the set deadline and requesting an expanded argument from the Philippines on certain issues pertaining to the
tribunals jurisdiction and the merits of the dispute.
Arbitral Tribunal Judges, Permanent Court

of Arbitration.
Photo credit: Permanent Court of Arbitration
December 17, 2014
PHILIPPINES ISSUES SUPPLEMENTAL SUBMISSION

The Philippines provides a supplemental submission to the Arbitral Tribunal to answer 26 questions that had requested an
expanded argument and additional information. The questions were focused on the issue of the tribunals jurisdiction in
the case and the merits of the Philippines claims.
Joint exercise between the U.S. and Philippine navies

Photo credit: Flickr user Official U.S. Navy Page
March 16, 2015
PERMANENT COURT SETS DATE FOR PRELIMINARY HEARING

The Permanent Court of Arbitration issues a press release declaring July 2015 as the date for a preliminary hearing on
jurisdiction. Further, it states that in the absence of formal participation in the proceedings, the Arbitral Tribunal would
use Chinas communications, to include the position paper from December 2014, as a plea with regards to the Tribunals
jurisdiction in the case.
PLA Navy fleets
meeting for an exercise in South China Sea

Photo credit: Flickr user Times Asi
April 22, 2015
CHINESE OFFICIAL CLAIMS ISLAND CONSTRUCTION UNRELATED TO

ARBITRATION
In an interview with China Daily, Director-General of the Department of Boundary and Ocean Affairs Mr. Ouyang Yujing
reiterates that China has indisputable sovereignty over the disputed territory with the Philippines, and all island
construction is within Chinese territory and is unrelated to the arbitration case.
Ouyang Yujing, Director-General of the Department of Boundary and Ocean Affairs, Foreign Ministry of the PRC
May 26, 2015
CHINA MISSES RESPONSE DEADLINE

China misses the tribunal deadline to submit any final statements in response to the Philippines Supplemental Written
Submission.
Chinese
Foreign Minister Wang Yi, Flickr user U.S. Department of State

June 16, 2015
THE TRIBUNAL CONVENES

The Arbitral Tribunal convenes at the Permanent Court of Arbitration in The Hague, the Netherlands, to hear the
Philippines oral argument regarding the tribunals jurisdiction over the case. If it is determined that the Arbitral Tribunal
does not in fact have jurisdiction, as China claims, then all proceedings will cease.
PH Delegation Philippines
delegation at the Arbitral Tribunal
Photo credit: Twitter user Abi Valte, Deputy Presidential Spokesperson
June 7-13, 2015
FIRST DAY OF HEARINGS

On the first day of hearings before the Arbitral Tribunal, Philippine Secretary of Foreign Affairs Albert del Rosario
outlines the Philippines general case against China, and places strong emphasis on the fact that the Philippines recognizes
that the Tribunal cannot rule on issues of sovereignty, and is instead seeking an outcome that rejects Chinas claim to the
nine-dash line and historic rights. Sec. del Rosario goes on to underline how past attempts at bilateral negotiations
between China and the Philippines have failed to resolve the maritime disputes, causing the Philippines to have no choice
but to initiate the arbitration case.
Philippine Secretary
of Foreign Affairs, Albert del Rosario.
Photo credit: Flickr user Ministrio das Relaes Exteriores
Photographer: Gustavo Ferreira
July 7, 2015
DAY 2: ENVIRONMENT AND FISHING

The second day of hearings focuses on environmental and fishing issues in the South China Sea. During his statements
before the tribunal, Secretary of Foreign Affairs Albert del Rosario says "China has irreversibly damaged the regional
marine environment, in breach of UNCLOS, by its destruction of coral reefs in the South China Sea, including areas
within the Philippines EEZ, by its destructive and hazardous fishing practices, and by its harvesting of endangered
species."
Hilbay, del
Rosario, Ledda Solicitor General Florin Hilbay, Secretary of Foreign Affairs Albert del Rosario, and Philippine
Ambassador to the Netherlands Vic Ledda meet during the second day of hearings. Photo credit: Twitter user Abi Valte,
Deputy Presidential Spokesperson
July 8, 2015
FIRST ROUND OF HEARINGS CONCLUDE

In the morning hearing, the Philippines legal team continues to argue that the Arbitral Tribunal has jurisdiction over the
case. In the afternoon hearing, the Philippines environmental and fishing claims against China are argued and Professor
Philippe Sands brings the first round of arguments to an end by summarizing what the Philippines has argued thus far.
Photo credit: Twitter user

Abi Valte, Deputy Presidential
July 9, 2015
SECOND ROUND ANNOUNCED

The Arbitral Tribunal meets to deliberate on what the Philippines has presented so far in the first round of arguments. It is
announced that a second round of oral arguments will take place on July 13.
July 10, 2015
PHILIPPINES ANNOUNCES INTENTIONS TO PURSUE LAND RECLAMATION

ORDER
Philippine Secretary of Justice, acting on a suggestion by Supreme Court Associate Justice Antonio Carpio, states that if
the Arbitral Tribunal decides that it has jurisdiction over the case, the Philippine government is considering seeking
provisional measures to ensure that China ceases its reclamation activities. These are provided for in UNCLOS, which
states that 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 marine environment, pending
the final decision.
July 11, 2015
SECOND ROUND OF ARGUMENTS AND HEARINGS CONCLUDE

The hearing on jurisdiction and admissibility of the Philippines claims against China concludes. The hearing had been
extended to a second round of arguments in order to answer final questions from the tribunal. The Arbitral Tribunal gives
the Philippines until July 23, 2015 to submit expanded answers to its questions.
Gazmin, Bautista, Lima Defense Secretary Voltaire Gazmin, Undersecretary Emmanuel Bautista, and Justice Secretary
Leila de Lime before the start of a hearing, Twitter user Abi Valte, Deputy Presidential Spokesperson
July 13, 2015
FUTURE PROCEEDINGS
The Philippine Department of Foreign Affairs anticipates that the Arbitral Tribunal will rule on the question of jurisdiction
in the case within 90 days after the end of oral arguments. If it is determined that the tribunal does indeed have
jurisdiction, then the Philippines will likely be asked to return to The Hague for more oral arguments. A final decision on
case is then expected by June 2016.
October, 2015

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Arbitration on the South China Sea: Rulings from the Hague

PHILIPPINES FILES CASE AGAINST PRC

https://amti.csis.org/ArbitrationTL/[8/8/2016 4:47:54 PM]