7/29/2019 DFA press release on arbitral proceedings on Spratlys, Bajo de Masinloc

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DFA PRESS STATEMENT

22 January 2013, 1400H

STATEMENT BY SECRETARY OF FOREIGN AFFAIRS ALBERT DEL ROSARIO

ON THE UNCLOS ARBITRAL PROCEEDINGS AGAINST CHINA TO ACHIEVE APEACEFUL AND DURABLE SOLUTION TO THE DISPUTE IN THE WPS

Good afternoon, ladies and gentlemen of the print and broadcast media.

I have the honor to introduce to you the Honorable Solicitor General of the

Philippines Francis H. Jardeleza who stands with me here today.

This afternoon, the Philippines has taken the step of bringing China before an

Arbitral Tribunal under Article 287 and Annex VII of the 1982 United NationsConvention on the Law of the Sea (UNCLOS) in order to achieve a peaceful and

durable solution to the dispute over the West Philippine Sea (WPS).

At around one oclock this afternoon, the Chinese Ambassador to the

Philippines H.E. Ma Keqing was summoned to the Department of Foreign Affairs and

was handed a Note Verbale by Assistant Secretary Teresa Lazaro. The Note

Verbale contains the Notification and Statement of Claim that challenges before the

Arbitral Tribunal the validity of Chinas nine-dash line claim to almost the entire South

China Sea (SCS) including the WPS and to desist from unlawful activities that violate

the sovereign rights and jurisdiction of the Philippines under the 1982 UNCLOS.

I furnish you with a copy of the Note Verbale with the Notification and

Statement of Claim.

This Notification initiates the arbitral proceedings under Article 287 and Annex

VII of UNCLOS.

The initiation of Arbitral Proceedings against China on the nine-dash line is an

operationalization of President Aquinos policy for a peaceful and rules-based

resolution of disputes in the WPS in accordance with international law specificallyUNCLOS.

The Philippines has exhausted almost all political and diplomatic avenues for

a peaceful negotiated settlement of its maritime dispute with China. On numerous

occasions, dating back to 1995, the Philippines has been exchanging views with

China to peacefully settle these disputes. To this day, a solution is still elusive. We

hope that the Arbitral Proceedings shall bring this dispute to a durable solution.

Our legal position before this UNCLOS Arbitral Tribunal is explained in this

carefully crafted Notification and Statement of Claim. I invite the media to study

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closely the legal document we have given you so as to accurately report on the

Philippine legal position.

Allow me, however, to highlight some salient points in the Notification and

Statement of Claim:

1. The Philippines asserts that Chinas so-called nine-dash line claim that

encompasses virtually the entire South China Sea/West Philippine Sea is

contrary to UNCLOS and thus unlawful.

2. Within the maritime area encompassed by the 9-dash line, China has also laid

claim to, occupied and built structures on certain submerged banks, reefs and

low tide elevations that do not qualify as islands under UNCLOS, but are parts

of the Philippine continental shelf, or the international seabed. In addition,

China has occupied certain small, uninhabitable coral projections that are

barely above water at high tide, and which are rocks under Article 121 (3) ofUNCLOS.

3. China has interfered with the lawful exercise by the Philippines of its rights

within its legitimate maritime zones, as well as to the aforementioned features

and their surrounding waters.

4. The Philippines is conscious of Chinas Declaration of August 25, 2008 under

Article 298 of UNCLOS (regarding optional exceptions to the compulsory

proceedings), and has avoided raising subjects or making claims that China

has, by virtue of that Declaration, excluded from arbitral jurisdiction.

In this context, the Philippines is requesting the Arbitral Tribunal to issue an

Award that, among others:

- Declares that Chinas rights in regard to maritime areas in the South China

Sea, like the rights of the Philippines, are those that are established by

UNCLOS, and consist of its rights to a Territorial Sea and Contiguous

Zone under Part II of UNCLOS, to an EEZ under Part V, and to a

Continental Shelf under Part VI;

- Declares that Chinas maritime claims in the SCS based on its so-called

nine-dash line are contrary to UNCLOS and invalid;

- Requires China to bring its domestic legislation into conformity with its

obligations under UNCLOS; and

- Requires that China desist from activities that violate the rights of the

Philippines in its maritime domain in the West Philippine Sea.

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The Philippines asserts that the Arbitral Tribunal has jurisdiction to hear and

make an award based on its Notification and Statement of Claim because the

dispute is about the interpretation and application by States Parties of their

obligations under the UNCLOS. Article 287 (1) of UNCLOS provides that

settlement of disputes concerning the interpretation and application of thisConvention may be referred by the Parties for resolution under Part XV of UNCLOS.

The Philippines further asserts that the claim is well founded in fact and law

based on the Notification and Statement of Claims and supplementary documents

that will be submitted in the course of the arbitral proceedings.

Solicitor General Francis H. Jardeleza is the agent or legal representative for

the Philippines in this Arbitral Proceedings. The lead counsel of the Philippines is

Mr. Paul Reichler of Foley and Hoag LLP.

The Philippines has always asserted that international law including UNCLOSwill be the great equalizer in resolving this dispute over the West Philippine Sea.

While we proceed with the legal track, the Philippines continuous to exert all

efforts to move forward and enhance its relations with China on the basis of mutual

respect.

We strongly believe that this action is the appropriate response to put our

diplomatic relations in its proper context.

We hope that China would join us in this aspiration.

This ends our press briefing, ladies and gentlemen.

We will give you a set of questions with corresponding responses to complete

your information.

We thank you as we understand you have a deadline to meet.