From Rappler (Apr 4): China's strategy vs PH: Trial by publicity
China rejects this arbitration process but, as veteran China
China
![CITING INT'L LAW. Chinese Foreign Ministry spokesman Hong Lei says the Philippines' case is baseless. File photo by AFP]( "CITING INT'L LAW. Chinese Foreign Ministry spokesman Hong Lei says the Philippines' case is baseless. File photo by AFP")
China
China Philippines
China
!['FRIEND OF COURT.' Published in January 2014, this book aims to 'assist' the arbitral tribunal in the case filed by the Philippines. Photo courtesy of Hart Publishing, Oxford]()
'FRIEND OF COURT.' Published in January 2014, this book aims to 'assist' the arbitral tribunal in the case filed by thePhilippines Oxford
![HISTORIC PLEADING. Foreign Secretary Albert del Rosario (left) and Solicitor General Francis Jardeleza (right) hold a media briefing after the Philippines sent its nearly 4,000-page memorial against China. Photo by Jose Del/Rappler]( "HISTORIC PLEADING. Foreign Secretary Albert del Rosario (left) and Solicitor General Francis Jardeleza (right) hold a media briefing after the Philippines sent its nearly 4,000-page memorial against China. Photo by Jose Del/Rappler")
HISTORIC PLEADING. Foreign Secretary Albert del Rosario (left) and Solicitor General Francis Jardeleza (right) hold a media briefing after thePhilippines sent its nearly 4,000-page memorial against China
On Monday, March 31, Philippine President Benigno Aquino III explained: “We are not here to challengeChina
China , for its part, released another statement against the Philippines
For thePhilippines , its historic case against China
Even as it strongly criticized the Philippines for “hyping up” the West Philippine Sea (South China Sea) issue, China ’s recent statements against its challenger show that it has taken the same tack by subjecting the Philippines
This legal but out-of-court battle against the Philippines becomes clearer days after the latter submitted a nearly 4,000-page written pleading against Beijing
“This effort appears to be aimed at influencing the outcome of the tribunal, as well as preparing the Chinese public and the international community for any eventuality,” Sta Romana said in a forum at the Asian Institute of Management on Wednesday, April 2.
A Filipino journalist who worked for more than 3 decades in China
“They're trying to meet our legal arguments with legal arguments. In other words, this is not just a question of right and might; they are actually trying to meet the argument head on,” Sta Romana said.
In a nutshell, China argues that the arbitral tribunal has no right to hear the Philippines
The disputes between the Philippines and China involve land, which is not covered by the United Nations Convention on the Law of the Sea (UNCLOS), the basis of the Philippines' case; and
The disputes involve the delimitation of maritime boundaries, over which it rejected arbitral proceedings in a declaration under UNCLOS in 2006
Speaking from a Filipino point-of-view, Sta Romana said: “Basically we say it's a maritime dispute. If it's waters, it should be under UNCLOS. The Chinese say, it involves land – islands – and therefore it's a territorial dispute. And if it's territorial, it cannot be under UNCLOS.” (READ: China rejects PH case, invokes int'l law)
CITING INT'L LAW. Chinese Foreign Ministry spokesman Hong Lei says the Philippines
To demolish the Philippines ' case, China
In fact, even before Manila could publicize its pleading against Beijing , China sent the Philippine mediaon Thursday, April 3, a detailed 12-page position paper against the Philippines West Philippine Sea .
Two days before this, on Tuesday, April 1, the Chinese Embassy in the Philippines
Immediately before and after the memorial was filed on Sunday, March 30, China released two stinging statements against the Philippines
Book as 'friend of court'
'FRIEND OF COURT.' Published in January 2014, this book aims to 'assist' the arbitral tribunal in the case filed by the
Sta Romana provided two more examples.
In January 2013, he said, “two prominent Chinese legal scholars published an article in the American Journal of International Law.” The article, “The Nine-Dash Line in the South China Sea: History, Status, and Implications,” got published at around the same time the Philippines filed its case against China
The journalist described one of the article's authors, Zhiguo Gao, as a sitting judge of the International Tribunal for the Law of the Sea who advises top Chinese officials on maritime strategy.
In January this year, Sta Romana added, a book especially designed to “assist” the arbitral tribunal came out.
The book – The South China Sea Arbitration: A Chinese Perspective– “does not set out the official position of the Chinese government, but is rather to serve as a kind of amicus curiae brief, advancing possible legal arguments on behalf of the absent respondent,” its Amazon description said.
“Amicus curiae” means “friend of the court,” a third party whom a court can consult.
“The book shows that there are insurmountable preliminary objections to the tribunal deciding the case on the merits, and that the tribunal would be well advised to refer the dispute back to the parties in order for them to reach a negotiated settlement,” said the description of the book edited by Stefan Talmon and Bing Bing Jia.
PH: 'Nothing to add'
In the face of China 's legal arsenal, the Philippines
The Philippines however rebuked China on Friday, April 4, for its aggressive behavior in the West Philippine Sea .
“Countries should be judged by their actions, not by their words,” Philippine Foreign Secretary Albert del Rosario said in a rare statement.
Before this, the most that the Philippines had said was a 600-word statement – as opposed to China
Delivered by Philippine Foreign Secretary Albert del Rosario, it contained a few detailsabout the Philippines ' pleading as well as a litany of reasons why the Philippines
More details could be found in the Philippines Philippines
to invalidate China 's expansive claim over the West Philippine Sea as contrary to UNCLOS;
to declare areas such as Panatag (Scarborough) Shoal as submerged features, not islands as claimed by China
to stop China
to tell China
HISTORIC PLEADING. Foreign Secretary Albert del Rosario (left) and Solicitor General Francis Jardeleza (right) hold a media briefing after the
On Monday, March 31, Philippine President Benigno Aquino III explained: “We are not here to challenge
For the