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Jul 15 2016
A member of the Philippine legal team that argued Manila's historic case against China criticized Beijing for its reaction to the landmark maritime case.
Speaking for the first time at a forum at the University of the Philippines, international lawyer Lawrence Martin pointed out China agreed to the Permanent Court of Arbitration’s jurisdiction when it signed the United Nations Convention on the Law of the Sea in 1982 and ratified it in 1996.
"Honestly and with all due respect, there's no serious argument that China did not consent. There's no serious argument that the tribunal did not have jurisdiction, and there's no serious argument that the award is not final and binding on China as much as the Philippines," he said.
Hailing the tribunal for fearlessly calling out China for its behavior, Martin also criticized Beijing for assailing the integrity of the panel that decided on the case.
"This tribunal is unmistakably one of the most distinguished and qualified arbitral tribunals ever to sit on the law of the sea case and so to the extent that China has impugned these gentlemen," he said
Martin said the chair was a former president of the International Tribunal for the Law of the Sea, while three other members are judges of the same court, and another member is a former head of the Netherlands Institution for the Law of the Sea.
"You couldn't ask for more knowledgeable people. I think their fearlessness and their commitment to make sure they got it right and uphold the law of the sea as it is written, even though it was China, shows through in their award," he said.
"I think they are owed a tremendous debt of gratitude not just by the Philippines, but by the international community."
Martin said Beijing now has the legal obligation to leave Mischief Reef, which has now been established as part of the Philippine continental shelf.
Martin also debunked claims in Beijing that Manila's arbitration case is part of a conspiracy for the United States.
"If this were in fact a US conspiracy , we probably would have not been the law firm hired, having previously sued the US on behalf of Nicaragua, having sued the US on behalf of a Guantanamo detainee and having sued the US on behalf of our client, Ecuador," he said.
A member of the Philippine legal team that argued Manila's historic case against China criticized Beijing for its reaction to the landmark maritime case.
Speaking for the first time at a forum at the University of the Philippines, international lawyer Lawrence Martin pointed out China agreed to the Permanent Court of Arbitration’s jurisdiction when it signed the United Nations Convention on the Law of the Sea in 1982 and ratified it in 1996.
"Honestly and with all due respect, there's no serious argument that China did not consent. There's no serious argument that the tribunal did not have jurisdiction, and there's no serious argument that the award is not final and binding on China as much as the Philippines," he said.
Hailing the tribunal for fearlessly calling out China for its behavior, Martin also criticized Beijing for assailing the integrity of the panel that decided on the case.
"This tribunal is unmistakably one of the most distinguished and qualified arbitral tribunals ever to sit on the law of the sea case and so to the extent that China has impugned these gentlemen," he said
Martin said the chair was a former president of the International Tribunal for the Law of the Sea, while three other members are judges of the same court, and another member is a former head of the Netherlands Institution for the Law of the Sea.
"You couldn't ask for more knowledgeable people. I think their fearlessness and their commitment to make sure they got it right and uphold the law of the sea as it is written, even though it was China, shows through in their award," he said.
"I think they are owed a tremendous debt of gratitude not just by the Philippines, but by the international community."
Martin said Beijing now has the legal obligation to leave Mischief Reef, which has now been established as part of the Philippine continental shelf.
Martin also debunked claims in Beijing that Manila's arbitration case is part of a conspiracy for the United States.
"If this were in fact a US conspiracy , we probably would have not been the law firm hired, having previously sued the US on behalf of Nicaragua, having sued the US on behalf of a Guantanamo detainee and having sued the US on behalf of our client, Ecuador," he said.