Tribunal sides with Philippines in initial round vs China

MANILA, Philippines — The Permanent Court of Arbitration under the United Nations on Thursday issued its Award on Jurisdiction and Admissibility in connection to the arbitration case between the Philippines and China.

The tribunal noted that the case concerns the role of "historic rights" and source of maritime entitlements in the disputed South China Sea.

"The Tribunal's Award of today's date is unanimous and concerns only whether the Tribunal has jurisdiction to consider the Philippines' claims and whether such claims are admissible. The Awards does not decide any aspect of the merits of the Parties' dispute," the tribunal said in a statement.

The tribunal held that both the Philippines and China are parties to the United Nations Convention on the Law of the Sea, or UNCLOS, and bound by its provisions on settlement of disputes.

The Philippines earlier requested the tribunal to decide on the issue of sovereignty of the maritime features in the South China Sea, which are also claimed by China.

China, however, stressed that "it will neither accept nor participate in the arbitration unilaterally initiated by the Philippines."

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"The Tribunal has also held that China's decision not to participate in these proceedings does not deprive the Tribunal of jurisdiction and that the Philippines' decision to commence arbitration unilaterally was not an abuse of the Convention's dispute settlement procedures," the statement read.

The tribunal rejected China's argument that the dispute in the South China Sea is beyond its jurisdiction.

"In light of the foregoing, the Tribunal has concluded that it is presently able to decide that it does have jurisdiction with respect to the matters raised in seven of the Philippines’ Submissions," the tribunal said.

The tribunal is yet to convene a hearing regarding the Philippines' claims. The dates have been set for the merits hearing but will not be open to the public.

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