China’s bullying convinced Tribunal to favor PH—expert

Protesters holding placards shout anti-China slogans during a rally in front of the Chinese consulate in Manila on June 4, 2015. Philippine military and commercial aircraft will keep flying over disputed areas in the South China Sea despite Chinese warnings over the airspace, President Benigno Aquino said. AFP FILE PHOTO

China’s continued bullying of the Philippines over the maritime dispute in the West Philippine Sea (South China Sea) convinced the International Arbitral Tribunal to “hear the case in full,” an international law expert said Friday.

Jay Batongbacal, Director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea, said in a text message to INQUIRER.net that it was not just China’s refusal to participate in the proceedings that contributed to the Tribunal’s decision to assume jurisdiction of the case.

“More than non-participation, I think it was China’s actions after the filing of the case that influenced the Tribunal,” Batongbacal said.

“Its increased assertiveness only convinced the Tribunal of the need to hear the case in full,” he said.

READ: Philippines scores against China in UN arbitration

The Tribunal issued its decision Thursday, ruling that it has jurisdiction over seven of the 15 concerns the Philippines has raised.

This means that the court sees itself as the rightful body to decide on the matter, contrary to China’s repeated statements that the dispute between it and the Philippines is not under the jurisdiction of the Tribunal.

“The seven points on which the Tribunal declared it definitely has jurisdiction relate mainly to the technical character of the features and their jurisdictional entitlements, and the lawfulness of Chinese activities to assert its claims,” Batongbacal said.

“As for the remaining seven, note that they are very substantial issues, including the nine dashed lines. The Tribunal appears to be taking its time and being very careful in handling these issues,” he said.

READ: Unclos explain: Why China’s claims in South China Sea are invalid

The Tribunal said in its decision that it will hold further hearings to dig deeper into the merits of the case.

China has continued to lay claim to the maritime features in nearly the entire South China Sea through its nine-dash line policy.

Since the arbitration proceedings were first initiated in January 2013, China has conducted massive island reclamation projects turning submerged reefs into islands capable of hosting military equipment and structures. IDL

READ: China turning reefs into artificial islands for dominance-expert