He pointed out that China’s construction activities in the region violate the sovereign rights of the Philippines in its exclusive economic zone (EEZ) and continental shelf.
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The Permanent Court of Arbitration “commenced the hearing on the merits and remaining issues of jurisdiction and admissibility”, The Hague-based tribunal said in a statement.
China has stated that it would boycott the proceedings and rejects the court’s authority in the case saying “it will neither accept nor participate in the arbitration unilaterally initiated by the Philippines”.
On the second day of hearings in The Hague, Professor Philippe Sands, another member of the Philippine team, said China interferes with the Philippines’ rights under the United Nations Convention on the Law of the Sea (UNCLOS).
He suggested that the South China Sea drills were highly needed by the Chinese Navy, in order to enhance combat capability, and at the same time, demonstrate China’s determination to safeguard its sovereignty claims.
China has competing territorial claims with Brunei, Malaysia, the Philippines, Taiwan and Vietnam.
China has since built artificial islands on seven reefs: Kagitingan (Fiery Cross), Calderon (Cuarteron), Burgos (Gaven), Mabini (John South), Panganiban (Mischief), Zamora (Subi) and McKennan (Hughes), all in the West Philippine Sea, part of the South China Sea within the Philippines’ EEZ.
China and the Philippines have reached several agreements in past decades that disputes should be resolved through negotiation and consultation, according to the Foreign Ministry.
The Philippine side will continue presenting its case on Thursday, November 26. But Australia, Indonesia, Japan, Malaysia, Singapore, Thailand and Vietnam are allowed to have observers present.
The ministers noted the arbitration case brought by the Philippines against China invoking Unclos, and affirmed that decisions by the United Nations arbitral tribunal are “legally binding”.
The features that China has been building on reefs and islands in the area include a runway long enough to accommodate military aircraft.
Another counsel for the Philippines, Andrew Loewenstein, claimed that even if China had historic rights to the territory, it has “failed to satisfy the requirements to establish the claim”.
Manila hopes for a ruling in its favor, which could put pressure on Beijing to rein in its territorial ambitions.
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The Philippine delegation to The Hague, headed by Foreign Affairs Secretary Albert del Rosario, is composed of representatives from the executive, legislative, and judicial branches of government.
