HONG KONG/MANILA (Reuters) – China’s claims to the disputed South China Sea will come under international legal scrutiny for the first time this week, but while Beijing has officially refused to take part in the case filed by the Philippines at a UN tribunal, it has made its presence felt.
Indeed, Manila’s international legal team was heading to the Permanent Court of Arbitration in The Hague to initially argue that the five-judge panel has jurisdiction to hear the case, Philippine Foreign Ministry officials told Reuters.
That is because of concerns China raised in a public position paper in December about the tribunal’s jurisdiction over the matter, according to court statements.
A little-noticed decision by the tribunal’s panel in April acknowledged China’s objections and announced that a hearing on jurisdiction from July 7-13 would be held first.
Manila filed the case in 2013 to seek a ruling on its right to exploit the South China Sea waters in its 200-nautical mile exclusive economic zone (EEZ) as allowed under the UN Convention on the Law of the Sea (UNCLOS).
While legally binding, any decision that favours the Philippines would be unenforceable because there is no UN body to police such rulings, legal experts said.
Nevertheless, such a ruling would be a diplomatic blow to Beijing and might prompt other claimants to the South China Sea to take similar action, legal experts and diplomats said.
The case is being closely watched by Asian governments and Washington given rising tensions in the South China Sea, especially in the Spratly archipelago, where China is creating seven artificial islands that will allow its navy to project power deep into the maritime heart of Southeast Asia.
China claims most of the waterway, including many reefs and shoals that Manila considers are within its EEZ. Parts of the EEZ contain rich fishing grounds and energy deposits.
Vietnam, Malaysia, Brunei and Taiwan also have claims to the South China Sea, through which $5 trillion in ship-borne trade passes every year.
