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In January 2013, the Philippines unilaterally instituted arbitration proceedings against China withrespect to its disputes with China in the South China Sea. On March 30, 2014, the Philippinespresented a Memorial consisting of 15 Submissions. In Submission 13, the Philippinescomplained about two series of allegedly dangerous actions conducted by China's lawenforcement vessels against Philippine law enforcement vessels on April 28 and May 26, 2012.The Philippines alleged that China thus violated relevant provisions of the Convention on theInternational Regulations for Preventing Collisions at Sea (COLREGs), and the UN Conventionon the Law of the Sea (UNCLOS).
To support its allegations, the Philippines retained Professor Craig H. Allen of the University ofWashington, who presented his written opinion to the arbitration tribunal at the Permanent Courtof Arbitration in The Hague on March 19, 2014, and Professor Alan E. Boyle of Essex CourtChambers of the United Kingdom, who gave a statement before the tribunal on behalf of thePhilippines on Nov 26, 2015.
The argument of Boyle and Allen was: China's law enforcement vessels, by approachingPhilippine vessels at close range rather than keeping well clear, violated the COLREGs; Chinathereby violated Article 94 of UNCLOS as a flag state for failing to exercise effective jurisdictionand control over its vessels.
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