REPUBLIC OF THE DEPARTMENT OF FOREIGN AFFAIRS MANILA Nit-1341211 The Department of Foreign Affairs of'the Republic of the Philippines presents its compliments to the Embassy of the People?s Republic of China and, with respect to the dispute with China over the maritime jurisdictiOn of-the Philippines in- the West Philippine Sea, the Government _of the Philippines has the honor to s'ubmit the I attached Notification under Article 287 and Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the Statement 'of Claim on Which the Notification is based, in order to initiate arbitral proceedingsto clearly establish the sovereign rights, and jurisdiction of the Philippines over its maritime entitlements in the West Philippine Sea. The Government'of the Philippines has initiated these arbitral proCeedings in furtherance of the friendly relations with China, mindful of its obligation under Article 279 of to seek a peaceful and durable resolution of the dispute in the West Philippine Sea by the means indicated in Article 33 (1) of the Charter of the United Nations. The Department of Foreign Affairs of the Republic of the Philippines avails itself of this opportunity to renew- to the Embassy of the People?s Republic of China the assurances of its highest consideration. Manila, 22 January 2013 ?swim: The Embassy of the People?s Republic of China Manila- Attachments:Notification and Statement of Claims NOTIFICATION AND STATEMENT OF CLAIM I. INTRODUCTION 1. I The Republic of the Philippines. brings arbitration against People?s . Republic of China to challenge China?s claims to areas of the South China Sea and the underlying seabed as far as 870 nautical miles from the nearest Chinese'co'ast, to which China has no entitlement under the 1982 United-Nations Convention on the Lavv' of the- Sea or ?the convention?), and Which, underthe Convention; constitute the Philippines? exclusive economic Zone and continental shel? 2. Despite China?s adherence to lin?J-une 1996, and the reQuirement of Article 300 that States. Parties ful?ll in good faith their obligations under the Convention, I China has asserted a claim- to ?sovereignty? and ?sovereign -rights?_? over a vast maritime . area lying within a so-called ?nine dash line?_that encompasses virtually the entire South China Sea. By claiming all of the waters and seabed within the-?nine dash line?, China has extended its self-proclaimed maritime. jurisdiction to'within 50 nautical miles off the coasts of the Philippine islands of Luzon and Palawan', and has interfered with the exercise by the Philippines of its rights. under the Convention, including within its own exclusive economic zone and continental shelf, in violation of UNCLOS. 3. Further, within the maritime area encompassed by the ?nine dash line?; China has laid claim to, occupied and built 'strfuculres on certain submerged banks, reefs and 10v?r tide elevations that do not qualify as island's under the Convention, but are parts of the. Philippines? continental shelf, or the international seabed; and China has interfered with the exercise by the Philippines of its rights. regard to these features, and in the waters surrounding them encompassed by China?s designated security Zones. 4. In addition, China has occupied certain sma11,-uninhabitable coral projections that are barely above water .at high tide, and which ?rocks? under ArliCle 121(3) of UNCLOS. China hasclaimed maritime zones surrounding these features greater than 12 M, from 'which it has sought to exclude the Philippines, notwithstanding the encroachment of these zones on the Philippines? exclusive 'lecono'mic zone, or on international waters. In June 2012, China formally created a new administrative 'unit, under the authority of the Province of 'Hainan, that included all of the maritime IfeatUres and Waters within the ?nine dash line?. In November 2012, the provincial government Iof Hainan Province promulgated a law calling for-the inspection, expulsion or detention of vessels ?illegally? entering the Waters claimed by China within this area. The new law went into effect on 1 January 2013. 6. - In response to these and other unlawful acts in contravention of UNCLOS, the Philippines seeks an Award that: (1) declares. that the P'arties? respective rights and obligations in regard to the waters, seabed and maritime features of the South China Sea are governed by UNCLOS, and that China?s claims based on ?nine dash line? are inconsistent with the Convention and therefore invalid; (2) determines whether, under Article 121 of UNCLOS, certain of the maritime features claimed by both China and the Philippines are islands, 110w tide elevations or submerged banks, and whether they are I capableof generating entitlement to maritime zones greater than 12 and (3) enables the Philippines to exercise and enjoy the rights within and beyond its exclusive economic zone and continental shelf that are establishedin the Convention. 7. The Philippines does not seek in. this. arbitration a determinatiOnof whiCh Party enjoys sovereignty over the islands claimed. by both of themrNor; does I it request a delimitatiOn of any maritime boundaries. The Philippines is conscious of China?s Declaration-of 25- August 2006 under Article 298 of UNCILOS, andhas avoid-ed raising subjects or making claims that, China has, by Virtue of that Declaration, excluded'from arbitral jurisdiction. 8. - All of the Philippines? claims in this arbitration have been the subject of good faith negotiations between the Parties. There have been numerous exchanges of Views. The requirements of Article 279 have been satis?ed. There is, therefore, no bar to the Arbitral Tribunal?s exercise of jurisdiction over the claims asserted by the Philippines. -. 11. FACTUAL BACKGROUND A. Maritime Areas 9. The South China Sea, part of which is known in the Philippines as the West Philippine Sea, is a semi?enclosed sea' in Southeast Asia that covers approximately 2.74 million square kilometers. The Sea-is surroimded by" six States and Taiwan. To the north are the southern coast of mainland China, and China?s Hainan Island. To the. northeast lies Taiwan. To the east?and southeast is the Philippines. The southern limits Iof the sea are bounded by Brunei, Malaysia and Indonesia. And to the west is Vietnam. 10. I There. are'many small insular features in the South China Sea. They are largely concentrated in three geographically distinct groups: the Paracel Islands in the northwest; Scarborough Shoal in the east; and the Spratly Islands- in-the southeast. The Paracel Islands are not releyant to this arbitration. Scarborough Shoal, located approximately 120 west of the Philippines? coast and more than 350M'from' China, is a submerged coral reef with six small protrusions of rock above sea level athigh tide;- The Spratly Islands are a group of approximately 150'. small features, many Iof which are submerged reefs, banksand low tide elevatiOns. They lie between 50 and 350 from the l?hilippirre island I of Palawan, more than ISSOM from the Chinese island of Hainan. None Of the Spratly features occupied by China is capable of sustaining human habitation or an economic life of its own. 11. Notwithstanding its adherence to UNCLOS, China claims almost the entirety of the South China Sea, .and all. of the maritime features, as its own. Speci?cally, China claims ?sovereignty? var-?sovereign rights? over Some 1.94 million square kilometers, or 70% 'of the Sea?s waters and underlying seabed its ISO?called ?nine dash line.? China ?rst of?cially depicted'the ?nine dash line? in- a letter of 7 May 2069 to the United Nations Secretary General. Itis reproduced below. According to China, it is sovereign over all of the waters, all of the seabed, and all of the maritime features within this ?nine dash line?. 1331?me . new - Ff ai/?whim wx? r34.51? sml19'. 1. I a Natasha Qumiao?itthe east, the ?nine dash line? depicted in China?s letter is less than 50M off the Philippine island of Luzon. In the southeast, it is Within 30M from Palawan. In both respects, it cuts through and cuts off the Philippines? 200 exclusive economic zone and continental shelf, in Violation of UNCLOS. Within the area encompassed by the 5 "?nine dash line?, China has engaged in conduct that has unlawfully interfered Iwith the Philippines? right of navigation, notwithstanding that some of the area is in the Philippines? own exclusive economic zone, and the rest is high :seas; and China has interfered with the exercise by" the Philippines-of its rights to the living and non?living resourbes in its exclusiVe economic Zone and continental shelf extending West from the island of I Luzon, and northwest from the island of Palawan. China has also violated the - Philippines? rights by exploiting the living resources in the Philippines; exclusive economic zone. 13. China?s interference with and violations of the. Philippines? rights under UNCLOS have been steadily escalating. In June 2012, China placed the entire-maritime area 'Within the ?nine dash line? under the authority of the?Province of Hainan, which, in November 2012, in the exerCise of its administrative authority, promulgated a lavv' that requires foreign vessels to obtain China?s permission before entering the-waters Within the ?nine dash line?, and provides for inspection, expulsion and detention of vessels that do not obtain such permissionThe law went into effect on 1 January 2013. B, Submerged-Features 14. Even before its ?rst of?cial espousal of the ?nine dash line?, China began to seize physical control of a nurnber of submerged features and protruding reeks in the Spratly Islands, in the southeastern part of the Sea, and to construct arti?cial ?fislands?'ion top of them. Among the submerged features that. China occupied and altered in this manner are: Mischief Reef, McKennan Reef, Gaven Reef and .Subi Reef. None?of' these'feature's' is an island- under Article 121 of UNCLOS. They are all at. best low tide elevations, fai? removed from China?s territorial sea, exclusive economic zone .and continental shelf.- Because they are-not above water at high tide, they are part of another State?s continental shelf, or the international seabed. Yet, China-has not only. acted. unlawfully by seizing control. 'of these submerged featuresi it has declared maritime zones around them, from which it has illegally sought to exclude Philippi-nesand other States. 15. Mischief Reef (Chinese name Meiji Jiao; in the Philippines as Panganiban Reef) is a submerged bank that is part of the."Philippines? continental-swift", approximately 130 from Palawan (and mere than 600 southeast Iof China?s Hainan Island, the nearest Chinese land territory). Mischief Reef lies Iat'approxirnatelfy 9? 115? Since 1995-, China has constructed buildings and. other facilities on stilts and . concrete platforms at four different sites atop Mischief Reef, despite repeated. protests from the Philippines. 16. McKennan Reef. (Chinese name I: Ximen Jiao; known in the Philippines as Chigua Reef) is a low tide elevation located at approximately 9?53?5?N?l 14? It-is approximately 180 west of the Philippine island of Palawan, and is also partiof- the Philippines? continental shelf. China has constructed buildings and Other facilities on stilts and concrete platforms at this feature, as well, despite the Philippines? protests. 17. China has not only unlaw?illy seized parts of the Philippines? continental. shelf, but has also wrongfully sought to prevent Philippine vessels from approaching Mischief Reef and McKennan Reef, even though the surrounding waters are within the Philippines? exclusive economic zone. 18. Gaven Reef (Chinese name Nanxun Jiao) is 'a-low tide elevation located at approximately 10? 13 It lies approximately 205M northwest of Palawan. 19. Subi Reef (Chinese name: Zhubi Jiao; known in the Philippines. asZamora Reef)- is a 10w tide elevation located at approximately 14? It lies approximately 230 west. of Palawan. C. Insular Features 20. In 2012, China seized six small rocks that protrude above. sea level within the Philippines? exclusive economic zone, claimed an exaggerated maritime zone around these features, and wrengfully prevented the Philippines from navigating, or. enjoying access to the. living resources. within this zone, even though it forms part of the Philippines? EEZ. These half dozen protrusions, which ?are known collectively as Scarborough Shoal (Bajo de Masinloc in the Philippines; Huang Yan Dao in China), are located approximately 120 West of the Philippine island of Luzon. They are rocks both literally and under Article 121 of None is more than 3meters above sea level at tide; and none measures more than a few meters in Width. None of the rocks, which lie in closeproximity to oneanother, generates entitlement to. more a 12 territorial sea. Yet, China, which like the. Philippines asserts I sQVereignty over Scarborough Shoal, claims a much larger maritime zone for itself, to the limit of the ?nine dash line? approximately 70M to the east. 21. Until April 2012, Philippine ?shing vessels routinely ?shed in this area, which is within the Philippines: 200 exclusive-economic zone. Since then, China has prevented the Philippines frOm ?shing at Scarborough ?Shoal or in its vicinity, and undertaken other i activities inconsistent with the Convention. Only Chinesevessels. are now allowed to ?Sh in these waters, and have harvested, inter alia, endangered species such as sea turtles, sharks and giant clams which are prOtected' by both international-and Philippine law. '22. a To the southwest of Scarborough Shoal, in the Spiratly Islands, China has; seized - similar features. China presently occupies the fo-llowingfeatures which, though above water at high' tide, are uninhabitable and incapable of supporting economic life in their natural state. They are therefore ?rocks? within the _meaning of Article 121(3) of UNCLOS: - 0 Johnson. Reef (Chinese name Chigua Jiao; known in. the Philippines as Mabini Reef), located at approximately 9? 42? 11402? and approximately 180 northwest of Palawan. . Cuarteron Reef (Chinese 'nameHuayang- Iiao; known in the Philippines as Calderon. Ree?, located at approximately 8? 12? "and approximately 245 west of Palawan; and 0 Fiery Cross Reef (ChineSe name Yongs'hu iab; known in the Philippines as Kagitingan? Reef), located at approximately 9? 112? and approximately 255 west of Palawan; 23. All 'of these- features' are submerged reefs with no more than a? few rocks protmding above sea level at high tide. Johnson Reef has a few rocky protrusions rising above water at high tide. Cuarteron Reef is a collection. of coral rocks-reaching no higher than 1.5 m. Fiery Cross Reef consists of a submerged bank. with protruding rocks no more than 1 above sea level at high tide. - 24. I Notwithstanding that all of these insular features are ?rooks? under-Article 121(3) of UNCLOS, China unlawfully claims entitlements to maritime zones greater than 12 in the waters and seabed surrounding. them, and wrongfully excludes the Philippines and other States from these areas. Mereover, in the case of Scarborough Shoal and Johnson Reef, the maritime zones Iclaimed by China encroach upon the Philippines? 200 exclusive economic- mine and continental shelf from Luzon and PalaWan, and prevent the Philippines from enjoying its rights. under the Convention within. 200M. D. EXchanges of Views 25. On numerous occasions, dating back at 'least'to 1995, the Philippines and China have exchanged views regarding the settlement of their disputes concerning entitlements to maritime areas in the South China Sea, the exercise within those maritime areas of rights pertaining to navigation and the exploitation of living and non-living resources, and the status of maritime features in the Spratly Islands and at Scarborough Shoal. 26._ The Parties have-been exchanging views on these disputes in attempts to achieve negotiated solutions since the ?rst ?Philippines?China Bilateral Censultations ion the South China Sea Issue? were held in August 1995. Ho_vVever, despite many bilateral meetings and exchanges of diplomatic correspondence over more than 17 years since those ?rst consultations were held, no settlements have been reached on any-of these disputed matters. 10 27. In regard to entitlements to maritime areas in the South China. 'Sea, the Philippines has consistently expressed the View to China in bilateral meetings and diplomatic correspondence that it is entitled to anexclusive economic. Zone and continental shelf of 200 from it's archipelagic baselines, to the exclusive enjoyment of the living non?living resources in these zones, as vvell as to the right to navigate vvithout interference by China within and beyond its 200 limit. - In response, China has repeatedly expressed the con?icting View that it is. entitled to all the maritime space encompassed. by its ?nine dash line?, to all the living and non-living resources within this limit, and to control navigation Within this area. By its-_ diplomatic note dated 21. November 2612,1115 Philippines declared,-as it did on numerous prior occasions, that it cannot accept the validity of the ?nine dash line? or China?s claims based thereon. Over the past 17 years of such exchanges of views, all possibilities of a negotiated-settlement have been explored and exhausted; 28. With respect to the status of maritime features in the Spratly Islands and adjacent waters, and rights to navigate exploit the {living resources in these Waters," the Parties have exchanged views since at least August 1995, and as recently as July 2012.-The' Philippines has repeatedly protested Chinese activities on and'adj acent toSubi Reef and Mischief Reef, which fenn part of the Philippines!? continental-shelf, as well as China?s claims and activities in regard to the other maritime features in the Spratly gI?Oup occupied or claimed by China. China has consistently'rejeeted the Philippines? protests and maintained its occupation of and activities on these features. Each Party has protested interference by the other with its claimed navigational rights, and with its claimed rights to the living resources, in the waters adjacent to these. features. None of the protests, or 11 ensuing meetings or diplomatic correspondence-in which views were exchanged, resulted in the settlement of these disputes. 29. With "respect to the status of the maritime features at Scarborough Shoal and adjacent waters, and rights to navigate and exploit the. living resources in thesevv'aters, the "Parties have been exchangingviews regarding the settlement of their dispute since at least May 1997. Most recently, during a. series of meetings in. Manila in April 2012, the Parties once again exchanged vievvs On these matters without at a negotiated solution. As a result of the failure of negotiations, the Philippines later that month sent China a diplomatic note in Whichit invited China to agree to bring the dispute before an appropriate adjudicatorybody. China declined the invitation. 30. The diplomatic record leaves no doubt that the requirement in Article 283 that the ?parties to the dispute shall proceedexpeditiously to an'exchange of views regarding its. settlement by negotiation for other peaceful means? has been satis?ed. CLAINIS 31. Based on the foregoing and the evidence to be submitted in the course iof arbitration, the Philippines asserts the follovving claims: 0 I China?s regard to maritime areasin the South China Sea, like'the I rights of the Philippines, are those that are established by UNCLO-S, and consist of its rights to a Territoi?ialSea and Contiguous Zone under Part II of the Convention, to an Exclusive'Economic Zone under Part. V, and to a Continental Shelf under Part VI, 12' Accordingly, China?s maritime claims in the South China Sea based on its so?called ?nine d'a?sh line? are contrary to UNCLOS and invalid; Submerged features in the South China: Sea that are not aboVe sea level at high tide, and are not located in a coastal State?s teni-tOrial sea, are of the seabed and cannot' be acquired by a State, or subjected to its sovereignty, unless they forrn'p'art. of that State?s Continental Shelf Part VI of the Convention; Mischief Reef, IMcKennan Reef, Gaven Reef Subi. Reef are- submerged features that are not above sea level at high tide; are not islands under the Convention, are not located" on China?s Continental Shelf; and China has milavr?illy occupied and engaged in 'unlanul construction activities on- these features; .. Mischief Reef and :McKennan Reef are part of. the Philibpines? Continental Shelf under Part-VI of the ConVention. Scarborough Shoal, Johnson Reef, Cua'rteron Reef and Fiery Cross Reef are submerged features that are below sea. level-at tide, except that each has small protrusions that remain above water at high-tide, which qualify as ?rocks? under Article of the connention, and generate an entitlement only to a Territorial Sea no broader than 12 and China has unlawfully: claimed. maritime entitlements beyond - l2 from these features; China has unlawfully prevented Philippine vessels from exploiting the living resources in (the waters adjacent to ScarborOugh Shoal andJolmson I Reef; The Philippines is entitled to a 12 Territorial Sea, a 200 Exclusive Economic Zone, and a COntinental Shelf under Parts 11, and VI of UNCLOS, measured from its archipelagic baselines; China has unlawfully claimed rights to, and has unlawfully exploited; the living and non-living resources in the. Philippines? EitcluSive Economic. Zone and Continental Shelf, and has unlawme prevented the Philippines from exploiting the living and. non?living resources within its Exclusive Economic zone and Continental Shelf; "and China has unlawfully interfered with the exercise by the Philippines of its rights to navigation under the COnvention. JUIHSDICTION OF TRIBUNAL 32. The Philippines and China are both parties to having ratified the Convention on 8 May 1984' and 7 June 1996', respectively. It follows that both- Parties have given their advance consent to the regime of settlement of disputes concerning the interpretation and application of the Convention established Part XV. Article 279 of the Cenvention requires States Parties -?to seek a solution by peaceful means in accordance With the UN Charter. Article 283(1) further requires that when a dispute arises between States-Parties; they should prOceed expeditiously to an 14 exchange of views regarding a settlement by negotiation or other'peaceful means. The Philippines has complied with the requirements of: Article 279 and Article 283(1) fully and good faith, and has exhausted possibilities of settlement by negotiation. 34. I As the Philippines and China have failed to settle the dispute. between by peaceful means of their own choice, Article 281(1) allows recourse to. the procedures provided for in Part XV, including compulsory procedures entailing binding decisions under section 2'of Part XV. Article 286 allovvs these compulsory procedures to be initiated by any State Party in the court or tribunal having jurisdiction under Section 2. 35. The choice of compulsory proceduresiis governed by Article 287, the. ?rst paragraph of which allows a State Party, by means of a written declaration, to choose one or more of the means for settlement of disputes. listed therein, including recourse to an arbitral tribunal under Annex VII of the Convention. I States Parties. to a dispute which have not. made declarations pursuant to-Article 287(1) are deemed by operation of Article 287(3) to have accepted arbitration-in accordance with Annex VII. 36. Since neither the Philippines nor China has made a declaration pursuant to Article 287(1), and since no agreement to the contrary currently exists, it follows that, in accordance with Article (287(5), this dispute may be submitted to arbitration under Annex VII of the Convention. 37. The jurisdiction of ail-Annex VII tribunal extends to any diapute concerning the interpretation or application of the Convention, subject to the provisiOns of Section 3 of Part- XV. .15 38'. Section 3- of Part XV contains Optional exceptions from jurisdictiOn in Article- 298. Such exceptions have been invoked by China in a formal deClaration dated '25 August 2006.? 39. None of these exceptions is applicable to. the Philippines? claims in this arbitration. The present dispute concerns Whether, light of China?s repeated assertions of alleged ?sovereign rights and jurisdiction? Within the so?called ?nine dash line?, the Parties? respective rights and obligations in regard to the 'ivaters, seabed and maritime features of the South China Sea are governed by the provisions of including but not limited to Articles 3- 1-4 of H, Articles. 55 and 57 'of Part 7610f Part Vi, Article 121. of Part and Article 300 of Whether China?s Claims based on the ?nine dash line? are inconsistent with those Whether, under Article 121- of UNCLOS, certain of the maritime features in the South China sea are islands,? low tide elevations or submerged banks; and whether they are capable of generating entitlements to maritime zones greater than. l2 and Whether China has - violated the right of navigation of the Philippines in the Waters of the SOuth China Sea, and the rights of the Philippines in regard tothe living and non~living resources. within its exclusive economic zone and continental?shelf.- 40. It follows that the Philippines? claims do not? fall Within China?s Declaration of 25 - August 2006; because they do not: concern the interpretation or application of Articles 15, 74 and 83 relating to sea boundary delimitations; involve historic bays or titles Within- the meaning of the relevant previsions of the Convention; concern military activities or law enforcement activities; or concern. matters over which the Security Council is exercising functions assigned to it by the UN Charter. 16' V. RELIEFSOUGHT 41.. In light of the above, and. the evidence to be submitted the. course of this arbitration, the Philippines requests that the Arbitral' Tribunal issue an Award that: ?1 Declares that China?s rights in regard to maritime areas the. South China I Sea, like the rights of the Philippines, are those that are established by UNCLOS, and consist of its rights to a .- Territorial sea and Contiguous Zone under Part II of the Convention, to an Exclusive Economic Zone- under Part V, and'to a Continental Shelf under Part 0 Declares that China?s maritime claims in the South China Sea based on its so;called ?nine dash line? are Contrary to andinvalidr 0 Requires China to bring its domestic legislation into conformity with its obligations under 0 Declares that Mischief Reef and McKennail'Reef are submerged features thatform part of the Continental Shelf of the Philippines Under Part VI of the Convention, and that China?s occupation of and construction activities on them violate the Sovereign rights of the Philippines;- - - 0 lRequires that'China end its occupation of and activities on Mischief Reef and McKennan Reef, Declares that Gaven-Reef and Subi Reef are submerged features in the South China Sea that are not above sealevel at tide, are not islands under the Convention, and are not located on China?s Continental Shelf, and that China?s occupation of construction activities on these features I are unlawful?; Requires China to terminate its occupation of anda'ctivities on Craven Reef and Subi Reef; Declares that Scarborough Shoal, Johnson Reef, Charteron Reef and Fiery Cross Reef are submerged features. that are below sea level at. high tide, except that each has small protrusions. that remain above Water high tide, which are ?rocks? under Article 121(3) ofthe Convention and which therefOre- generate entitlements only to a Territorial Sea no broader than 12 and that China has unlawfully claimed maritime entitlements beyond . 12 from these features, Requires that China refrain from preventing Philippine vessels from exploiting in a sustainable manner the living resources in the waters adjacent to Scarborough Shoal and Johnson Reef, and from undertaking other activities inconsistent with the. Convention at or in the vicinity of I ?2 these features; Declares that the Philippines is entitled under UNCLOS to .a 12 Territorial Sea, a 200 Exclusive Economic Zone, and a Continental 18. Shelf under Parts II, and VI of UNCLOS, measured from\ its archipelagic baselines; 0 - Declares that China has. unlawfully claimed, and has unlawfully exploited, the living and non?living resources in the '_Phi1ippines? Exclusive Economic Zone and Continental Shelf, and has unlawfully'preVented the Philippines Jfrom exploiting living and n0n~living resources within its Exclusive Economic zone and Continental Shelf; - 0 Declares that China has unlawfully interfered with the exercise. bv the Philippines of its rights to navigation and" other rights under the Convention. in areas within and beyond 200 'of the Philippines? I archipelagic baselines; and. . Requires that'Ch'in'a desist from these unlawful activities. VI. APPOINTMENT OF ARBITRATOR 42. In accordance with the-requirements of UNCLOS Annex VII, Article the Philippines hereby appoints Judge Rudiger Wolfrum as a member of the Arbitral' Tribunal. 19 VII. RESERVATION OF 43. The Philippines reserves the right to supplement arid/0r amend its claims and the relief sought as neCessary, and to make such other requests of the .Arbitral Tribunal as may be required, to preserve its rights under UNCLOS, including. a1 request for provisiORallmeasur'es. Respectfully submitted, . Francis H. ardeleZa Solicitor General Republic of the Phi?lippirles Agent 22 Januai-y2013 20-