Phl ready for next round of arbitration on sea dispute

The Philippines is gearing up for the next round of its legal battle with China before the international arbitral tribunal over the West Philippine Sea, with hearings on the merits of Manila’s case against Beijing set on Nov. 24-30.

“The preparation for the second round of argumentation has been going on from the time that we had formally filed our memorial,” deputy presidential spokesperson Abigail Valte said in a press briefing yesterday.

Valte said the same law firm would represent the country in the second round, apparently referring to the Boston-based law firm Foley Hoag led by lawyer Paul Reichler.

“Preparations have been ongoing in view of the required presentation of matters of evidence and matters of—not jurisdiction anymore—but the merits of our case,” Valte said.

The Permanent Court of Arbitration at The Hague ruled on Oct. 29 that it exercised jurisdiction over Manila’s case through which the latter seeks to clarify its entitlements in the West Philippine Sea and dispute China’s massive claim.

In a legal setback for China, the tribunal rejected Beijing’s claim that the disputes were plainly a challenge to China’s territorial sovereignty.

China has boycotted the proceedings and rejected the court’s authority in the case. Beijing claims sovereignty over almost the entire South China Sea and West Philippine Sea. Other claimants are Vietnam, Taiwan, Malaysia and Brunei.

Asked about the pieces of evidence the Philippines has in its possession to back its case, Valte said the government has been gathering documents “from the time that we knew that we were filing this particular case before the arbitral tribunal.”

But she said she was not at liberty to discuss details at the moment.

Valte also declined to confirm if a meeting between President Aquino and US President Barack Obama would include the Philippines’ maritime dispute with China.

On Wednesday, US Ambassador Philip Goldberg said the sea dispute would likely be discussed by the two leaders on the sidelines of the APEC summit. The meeting would also likely touch on the Enhanced Defense Cooperation Agreement between Manila and Washington, Goldberg said.

“All the member-economies are fully aware that it’s an economic forum, such that geopolitical or political concerns usually take the backseat to the economic issues that are discussed in any leaders’ retreat,” Valte said in a press briefing.

“However, I have no information on the intent of US as a member economy and where they intend to raise the said issue,” Valte added. She stressed leaders attending the summit were aware that bilateral talks could always happen outside the formal meetings.

“As such, I cannot comment on the actual agenda, until such time that the bilateral (meeting) is concluded,” Valte said.

Meanwhile, administration standard-bearer Manuel Roxas II said the government can still push its case against China’s massive buildup in in the West Philippine Sea on the sidelines of the APEC summit.

“Geopolitically and strategically, it (hosting of APEC) allows us to present our case in the West Philippine Sea to broader audience not just in Asean (Association of Southeast Asian Nations),” Roxas said.

He said many things happen on the sidelines of summits especially during informal breaks, and during the leaders’ retreat where only interpreters are allowed.

“In all the socials, or just while waiting to take your photo, you don’t know whom you might be standing next to, and you may request: ‘can your ministry of foreign affairs study this West Philippine Sea case?’” he said.

He said many diplomatic breakthroughs happen through back-channeling or informal talks.

Roxas also welcomed Chinese President Xi Jinping’s decision to attend the APEC summit saying it could foster better relations as well as brighten prospects for a resolution of the territorial dispute between the two countries.