WASHINGTON, (Reuters) – An international ruling next month is expected to deprive China of any legal basis for its claim to most of the South China Sea, and Beijing risks being seen as an “outlaw state” unless it respects the outcome, the Philippines’ chief lawyer in the case said yesterday.
In an interview with Reuters, veteran Washington attorney Paul Reichler expressed confidence that the Permanent Court of Arbitration, based in The Hague, would rule in Manila’s favour on July 12 in a highly charged case against Beijing, which rejects the tribunal’s jurisdiction and says it will ignore the ruling.
The Philippines, a close U.S. ally, is contesting China’s historical claim to about 90 percent of the South China Sea, one of the world’s busiest shipping lanes. Several Southeast Asian states have overlapping claims in the sea, and the dispute has sparked concerns of a military confrontation that could disrupt global trade.
Reichler, who heads Manila’s legal team in the 3-1/2-year-old case, said he was not privy to the ruling and did not expect to be informed until the last minute. But he had little doubt that Manila would win the legal argument, matching the consensus in Washington and most major foreign capitals.
“We are confident we will have success on the merits,” said Reichler, who called the case potentially one of the most far-reaching to be decided by the court. He spoke just hours after the court announced the date for its ruling.
China bases its South China Sea claim on a “Nine Dash line” stretching deep into the maritime heart of Southeast Asia and covering hundreds of disputed islands and reefs, rich fishing grounds and oil and gas deposits.
Reichler said a ruling against Beijing “would deprive China of any legal basis for making such a claim.” Manila argues that China’s claim violates the U.N. Convention on the Law of the Sea and restricts its rights to exploit resources and fishing areas within its exclusive economic zone.
Yesterday, China said Manila’s approach flouted international law and Beijing would not accept any third-party decision on the issue.
Reichler said for China to reject the ruling meant it had “essentially declared themselves an outlaw state” that did not respect the rule of law.
Reichler is an international lawyer with a reputation for representing small countries against big powers, including a 1980s case by Nicaragua that accused the United States of funding right-wing Contra rebels against a left-wing government.
Amid rising tensions in the South China Sea, Reichler said “nobody wants or should even contemplate the use of force.”
