The Legal Team of the Philippines in the South China Sea Arbitration Case

Treaties, conventions, charters, and statutes exist with the communal goal of making participants compromise to produce resolutions towards various dilemmas. The United Nations Convention on the Law of the Sea (UNCLOS) is in authority to oversee maritime affairs within its member countries. Among those countries are China and the Philippines wherein both engaged in a maritime dispute regarding the South China Sea where the Philippines has filed fifteen (15) arguments against China. In response, China had maintained that the country will not participate in the proceedings nor accept the resolution presented by the Permanent Court of Arbitration. However, despite the recognition of the Permanent Court of Arbitration, the question still stands: who will enforce the decision made by the tribunal court? Nonetheless, below, presented is the legal team that led the Philippines to win Case No. 2013-19 or the South China Sea Arbitration case.

Former Solicitor General Florin Hilbay

Then Solicitor General Florin Hilbay served as the primary agent of the Philippine Legal team for the South China Arbitration case. He demonstrated that the United Nations Convention on the Law of the Sea (UNCLOS) had authority over the arbitration case, moreover that the case was a matter of sea and not land. He also presented the fifteen (15) arguments filed by the Philippines against China.

Paul Reichler

The current Chair of the International Litigation and Arbitration Department of Foley Hoag LLP -Washington D.C. He has a pervasive understanding and participation with regard to boundary dispute on the land and sea after having served as counsel for various countries (e.g. -  Nicaragua vs. Costa Rica, Bangladesh vs. Myanmar). He illustrated China's 9-dash line claim and argued that the assertion of exclusive rights by China goes beyond the limit of entitlements under the United Nations Convention on the Law of the Sea (UNCLOS).

Lawrence H. Martin

The Deputy Chair of the International Litigation and Arbitration Department of Foley Hoag LLP - Washington D.C. He specializes in international disputes (Law of the Sea and environmental). Served as counsel and represented the Philippines on the South China Sea Arbitration case.

Andrew B. Loewenstein

A parter in the International Litigation and Arbitration Department of Foley Hoag LLP - Boston. He specializes in public international law and advising governments with regard to the United Nations Convention on the Law of the Sea (UNCLOS). He represented the Philippines on the South China Sea Arbitration case.

Professor Bernard Oxman

A professor at the University of Miami School of Law where he teaches conflicts of law, international law, and law of the sea. He represented the United States of America to the Third United Nations Conference on the Law of the Sea (UNCLOS III). At the proceedings, he portrayed how China intensified the maritime dispute by the actions China has demonstrated.

Professor Philippe Sands

A law professor and the director of the Centre on International Courts and Tribunals at the University College London. Specializes in public international law, resolutions to international disputes (arbitration), and the law on environment and natural resources. Appointed as Queen's Counsel. He presented the statuses, histories, geographies, and hydrographies of Mischief Reef, Second Thomas Shoal, Subi Reef, Gaven Reef, and McKennan Reef; (5) reefs which are classified as low-tide elevations, having no territorial sea of its own.

Professor Alan Boyle

A law professor at the University of Edinburgh teaching public international law. Specializes in environmental law and law of the sea. Served as counsel to the Philippines in the South China Sea Arbitration case. During the proceedings, he emphasized the noncompliance of China toward its environmental responsibility under the United Nations Convention on the Law of the Sea (UNCLOS), and how if it had been overlooked, China would persist in disregarding the damages it has caused to the ecosystem.

Former Department of Foreign Affairs Secretary Albert del Rosario



Former DFA Secretary Albert del Rosario accentuated on the reason behind the Philippines filing the case against China regarding the maritime dispute. 

Supreme Court Senior Associate Justice Antonio Carpio

Supreme Court Senior Associate Justice Antonio Carpio has stated in an interview prior to the 

resolution presented by the Permanent Court of Arbitration that the claim of historical rights withinthe nine-dash line of the South China Sea made by China is unjustifiable under international law.

Supreme Court Associate Justice Francis Jardeleza

Supreme Court Associate Justice Francis Jardeleza supervised the team responsible for the documents filed under the United Nations Convention on the Law of the Sea (UNCLOS) tribunal.

Bibliography:

Diola, C. (2016, July 12). South China Sea arbitration: Faces behind the Philippines's case. Retrieved June 25, 2019, from https://www.philstar.com/headlines/2016/07/12/1601768/south-china-sea-arbitration-faces-behind-philippiness-case

Casauay, A. (2013, April 25). ITLOS appoints Tribunal team on South China Sea claim.

Retrieved June 25, 2019, from https://www.rappler.com/nation/27482-itlos-un-tribunal-team-south-china-sea-case

Tordesillas, E. T. (2016, July 20). How much did PH pay for foreign lawyers in case vs China? Retrieved June 28, 2019, from https://news.abs-cbn.com/focus/07/20/16/how-much-did-ph-pay-for-foreign-lawyers-in-case-vs-china

Paul S. Reichler. (n.d.). Retrieved June 25, 2019, from https://foleyhoag.com/people/reichler-paul

Lawrence H. Martin. (n.d.). Retrieved June 25, 2019, from https://foleyhoag.com/people/martin-lawrence

Andrew B. Loewenstein. (n.d.). Retrieved June 25, 2019, from https://foleyhoag.com/people/loewenstein-andrew

The South China Sea Arbitration, 2013-19 (Permanent Court of Arbitration July 12, 2016).

Professor Alan Boyle. (n.d.). Retrieved June 25, 2019, from https://essexcourt.com/barrister/professor-alan-boyle/

Bernard H. Oxman. (n.d.). Retrieved June 25, 2019, from https://www.law.miami.edu/faculty/bernard-h-oxman

Un.org. (n.d.). UNITED NATIONS CONVENTION ON THE LAW OF THE SEA. [online] Available at: https://www.un.org/depts/los/convention_agreements/texts/unclos/part2.htm [Accessed 27 Jun. 2019].

Ucl. (n.d.). Prof Philippe Sands QC. Retrieved June 25, 2019, from https://www.ucl.ac.uk/laws/people/prof-philippe-sands-qc


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