Arbitration on the
South China Sea:
Rulings from The Hague

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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 China’s 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.MovieThe 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
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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
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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
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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 Counter-Memorial as a response to the Philippines’ Memorial.

June 3, 2014
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US RELEASES "LIMITS IN THE SEAS" REPORT

The United States Department of State issues a Limits in the Seas report on China’s Nine-Dash Line claim. In the report, the State Department examines three different possible rationales for China’s 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
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PRC MOFA ISSUES POSITION PAPER

The PRC’s 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 UNCLOS’s 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 China’s 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
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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 China’s decision to not submit a Counter-Memorial by the set deadline and requesting an expanded argument from the Philippines on certain issues pertaining to the tribunal’s jurisdiction and the merits of the dispute.Arbitral Tribunal Judges, Permanent Court of Arbitration.
Photo credit: Permanent Court of Arbitration

December 17, 2014
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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 tribunal’s 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 China’s communications, to include the position paper from December 2014, as a plea with regards to the Tribunal’s jurisdiction in the case.PLA Navy fleets meeting for an exercise in South China Sea
Photo credit: Flickr user Times Asi

April 22, 2015
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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
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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 tribunal’s 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 China’s 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 Ministério das Relações 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
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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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