Posts Tagged ‘Antonio Carpio’

China is again exploiting the Philippines

January 18, 2018

Opinion

By Delon Porcalla (The Philippine Star)

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MANILA, Philippines — China is again exploiting the goodwill of the Philippine government to conduct studies in Philippine seas to discover more areas rich in minerals and gas, a lawmaker warned yesterday.

In a statement, Bayan Muna Rep. Carlos Isagani Zarate cautioned the public that with the Duterte administration’s friendly approach to the Chinese, Beijing is using the same modus operandi it employed during the Arroyo administration.

Zarate reminded the public about the Joint Marine Seismic Undertaking (JMSU) of Beijing in 2005, wherein Philippine    official position in the disputed West Philippine Sea “jeopardized our claims in the Recto Reed Bank” near the waters off Palawan.

He warned that the JMSU during the Arroyo administration “is bound to happen again in the case of Benham Rise.”

Benham Rise is part of the Philippines’ continental shelf awarded by the United Nations in 2012, which provides Manila the exclusive sovereign rights over it. The area is believed to be rich in minerals and gas.

“The Department of Foreign Affairs (DFA) should rethink its decision to allow Chinese oceanographers to conduct studies in Philippine waters because it is one of the methods they used before under the JMSU that China entered with the Arroyo administration,” Zarate said.

Read more at http://beta.philstar.com/headlines/2018/01/15/1777874/chinese-research-benham-rise-slammed#xsQJHeZhvqdsG7lZ.99

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South China Sea and Beyond: Chinese research ship ‘Kexue’ to conduct research in Philippine waters

January 18, 2018

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China research ship Ke Xue

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By Ian Nicolas Cigaral (philstar.com) – January 18, 2018 – 2:45pm

MANILA, Philippines — China will deploy its most sophisticated research ship to study Philippine waters, including the potentially resource-rich Benham Rise (Philippine Rise).

Rep. Gary Alejano (Magdalo party-list) earlier slammed the Department of Foreign Affairs for allowing the Institute of Oceanology of Chinese Academy of Sciences (IO-CAS) to conduct research in waters off Eastern Luzon, where Benham Rise is located, and off Eastern Mindanao.

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The Chinese marine exploration will take place on January 24 to February 25 this year.

READ: Alejano: DFA approved Chinese think tank request to study Philippine waters

In a press conference in Beijing last Tuesday, Chinese Foreign Ministry Spokesperson Lu Kang confirmed that Chinese research vessel “Kexue” will survey Philippine eastern waters, adding that such a cooperation would further strengthen the two countries’ bilateral relations.

“China commends this decision made by the Philippine side on agreeing to China’s scientific activities and offering facilitation,” Lu said.

“We welcome Philippine scientific research institutions’ participation and would like to work with them to advance maritime practical cooperation in marine research and other fields so as to create a favorable environment for the sound, steady and sustainable development of bilateral ties,” he added.

The $87.5-million Kexue was handed over to IO-CAS in 2012, newspaper China Daily reported. In September 5 last year, Kexue reportedly finished a month-long scientific exploration of the western Pacific Ocean.

Weighing 4,711 tons, China Daily described Kexue as a “moving laboratory on the sea” capable of global voyages and all-day observations.

Kexue can also conduct water body detection, atmospheric exploration, deep-sea environment exploration and remote sensing information verification.

In 2012, the United Nations Commission on the Limits of the Continental Shelf approved the Philippines’ undisputed claim to the Benham Rise.

President Rodrigo Duterte earlier signed an Executive Order officially renaming Benham Rise to “Philippine Rise” to assert the country’s sovereignty there following reports that Chinese research vessels were spotted surveying the area in 2016.

The Philippine Navy now regularly patrols the continental shelf.

According to Alejano, the Chinese researchers will be joined by the University of the Philippines – Marine Science Institute “as a requirement.”

Alejano also revealed that a similar plea was lodged by French-based non-profit organization Tara Expeditions Foundation, but it was declined by the DFA.

The lawmaker said Tara Expeditions was a better choice if Manila was seeking additional resources and manpower to study eastern waters, noting that France, unlike China, has no territorial conflict with the Philippines.

For his part, Foreign Affairs Secretary Alan Peter Cayetano said the law gives equal chance to foreign countries to study Philippine waters as long as there are Filipinos on board.

Foreign marine researchers must also share their findings and data with their Filipino counterparts, Cayetano added.

READ: Cayetano: ‘Same rules for all countries’ seeking to study Philippine waters

Read more at http://beta.philstar.com/headlines/2018/01/18/1779010/chinese-research-ship-kexue-conduct-research-philippine-waters#dqq5ep5YZFmOuGUS.99

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration  in The Hague said this claim by China was not valid. But China and the Philippine government then chose to ignore international law.

Judge Carpio: Philippines dumb to grant China request to do research in Benham Rise

January 16, 2018

https://www.gmanetwork.com/news/video/24oras/441574/palasyo-umapela-kay-carpio-na-respetuhin-ang-desisyon-ukol-sa-planong-survey-sa-phl-rise/evideo/

Supreme Court Associate Justice Antonio Carpio on Monday said it would be “dumb” if the Philippine government would allow the request of China to explore the resource-rich Philippine Rise.

“China has squatted on the West Philippine Sea and refuses to leave despite the ruling of the UNCLOS tribunal. Now, China requests to be allowed to survey the Philippine Sea on the east side of the Philippines. The Philippines would be dumb to grant China’s request,” Carpio said in a 24 Oras report by Raffy Tima.

Magdalo partylist Representative Gary Alejano last week said that he had recieved information that the Department of Foreign Affairs (DFA) had granted the request of a Chinese entity to do research in waters off eastern Luzon.

The Philippine Rise, formerly known as the Benham Rise, is located east of Luzon and is part of the Philippines’ continental shelf.

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In 2012, the United Nations gave the country exclusive sovereign rights over the rise, believed to be rich in minerals and gas.

Chinese vessels were spotted surveying the said area in 2017, prompting the Philippine government to send Beijing a note verbale, seeking clarification as regards the presence of its ships in the resource-rich area.

Presidential Spokesperson Harry Roque said Carpio should respect the executive branch once a decision was already made.

“Sana respetuhin natin ‘yung separation of powers kapag meron ng kasong nakahain sa kanya,” Roque said.

DFA secretary Alan Peter Cayetano had said “Philippine law says research can be done as along as there is a Filipino on board.”

“So there’s nothing suspicious about approval or disapproval of scientific research whether they’re Americans, Japanese, Chinese, Mongolians, Singaporeans. If they comply we will approve, if they do not comply we will not approve,” Cayetano said.

It is the DFA which usually grants applications to conduct research in the area, with coordination from technical agencies depending on the type of research. —Anna Felicia Bajo/NB, GMA News

http://www.gmanetwork.com/news/news/nation/639788/carpio-phl-dumb-to-grant-china-request-to-do-research-in-benham-rise/story/

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration  in The Hague said this claim by China was not valid. But China and the Philippine government then chose to ignore international law.

Suspicious Chinese activity in Philippine Rise — Duterte administration’s apparently inexhaustible capacity to bend over backward to accommodate Beijing — What do Filipinos get?

January 16, 2018
 / 05:11 AM January 16, 2018
Editorial

Had Magdalo Rep. Gary Alejano not raised the issue, the public would not have known that the Department of Foreign Affairs has allowed China — specifically, a research vessel operated by that country’s Institute of Oceanology of the Chinese Academy of Sciences — to conduct purportedly scientific marine research in Philippine Rise.

Formerly called Benham Rise, the area is a 13-million-hectare underwater plateau in the Philippine Sea, 250 kilometers east of the province of Isabela, that the United Nations officially recognized as part of the Philippine continental shelf in 2012, along with the sovereign rights to explore and exploit resources in it.

Philippine Rise is far from and well outside the waters in the South China Sea almost all of which are claimed by China through its so-called “nine-dash line,” a supposedly historical basis of ownership that the Permanent Court of Arbitration in The Hague rejected as without basis in July 2016. That same ruling also declared that Beijing’s actions in the region had violated the Philippines’ sovereign right to fish and explore for resources within its own 370-kilometer exclusive economic zone.

The same sovereign right by the Philippines exists in Philippine Rise, an area that is incontrovertibly Philippine territory, with no scintilla of ownership dispute and recognized by international law as such.

So what is a Chinese vessel doing in those waters? And why did the DFA grant it permission to conduct research there, considering the testy relations the country has had with China over its island-grabbing in the South China Sea — including islands that have long been part of Philippine territory?

As Senior Associate Justice Antonio Carpio keenly pointed out: “If a bully has squatted on your front yard and requests to look at your backyard, would you grant the request of the bully?”

More strangely, why was all this kept under wraps by Foreign Secretary Alan Cayetano — hidden from public discussion and scrutiny until Alejano’s revelations forced some sort of justification out of him?

Cayetano has defended the Chinese vessel’s incursion into Philippine Rise by saying the law allowed foreign research in Philippine territory so long as a Filipino scientist is aboard the research vessel and the findings of the study are shared internationally.

Carpio said no such local law exists, but Article 246 of the UN Convention on the Law of the Sea (Unclos) — of which both China and the Philippines are signatories — does call on “coastal states” like the Philippines to, “in normal circumstances, grant their consent for marine scientific research projects by other countries.”

Only the most blinkered observer would deny that Beijing’s militarization of the South China Sea and its disrespect for the arbitral court’s ruling have long nullified that condition of “normal circumstances.”

So any hint of interest on its part for—let alone active entry into—another part of the Philippine territory would naturally raise red flags in any reasonable Filipino’s mind. But apparently not in Cayetano’s, or Malacañang’s.

Given his office’s justification for this suspicious Chinese activity in Philippine Rise, Cayetano must be asked: Who, then, is the Filipino scientist aboard the Chinese vessel, whose presence in the ship supposedly was a reason for the permission given? What are the findings of the research vessel so far? Where have these findings been published, who benefits from them, and for what specific ends was the maritime research undertaken?

Unless Malacañang becomes forthcoming and transparent about the tradeoffs it is forging with China for promised loans and assistance, questions like these will continue to point at an inconvenient notion: this administration’s apparently inexhaustible capacity to bend over backward to accommodate Beijing.

Read more: http://opinion.inquirer.net/110296/benefits-research-ph-rise#ixzz54LgYMfke
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South China Sea: Philippine Judge and Frequent Duterte Critic Likes Progress in Talking To China

November 19, 2017
By:  – Reporter / @MRamosINQ
 / November 18, 2017

Antonio Carpio

The Philippine government’s decision to negotiate with China on its own will not end the protracted territorial claims involving other nations in the South China Sea, Supreme Court Senior Associate Justice Antonio Carpio said on Friday.

Nonetheless, Carpio said President Duterte’s policy shift to engage Beijing in bilateral talks was a “logical step” and a “positive development” in implementing the ruling of the UN-backed Permanent Court of Arbitration in The Hague last year.

Besides China and the Philippines, Brunei, Taiwan, Vietnam and Malaysia are also insisting ownership over parts of the sea, said to be rich in energy reserves and marine resources.

“Clearly, the South China Sea dispute involves both bilateral and multilateral disputes,” Carpio said in an emailed statement to the Inquirer.

“A bilateral negotiation between China and the Philippines can take up only the bilateral disputes between (both countries) … and not the multilateral disputes involving … other states,” he pointed out.

Carpio, who has been championing the country’s claim to the West Philippine Sea—the part of the South China Sea within the country’s 327-kilometer exclusive economic zone (EEZ)—noted that even nonmembers of the Association of Southeast Asian Nations (Asean) were interested in finding a final solution to the decadeslong sea row.

“The South China Sea dispute also affects nonclaimant states, both within (the) Asean (region) and outside (of it) … These nonclaimant states, which include the US, Japan and Australia, are worried how China’s expansive claim will affect freedom of navigation and overflight in the South China Sea, for both commercial and military vessels and aircraft,” he said.

The magistrate noted that Beijing’s disputed nine-dash line asserted ownership of 85.7 percent of the strategic waterway where about $5 trillion in global trade transits every year.

The landmark decision of the international tribunal invalidated China’s nine-dash line and its argument that it had sovereign and historic rights over the disputed sea.

It also upheld the Philippines’ exclusive rights over its EEZ, including Scarborough Shoal, also called Panatag Shoal and Bajo de Masinloc.

According to Carpio, the territorial row involving the Philippines and China is “intimately related to all the multilateral disputes and all the other bilateral disputes” as Beijing’s territorial claims are based on its nine-dash-line policy.

“A bilateral negotiation between China and the Philippines on the enforcement of the arbitral award will be a logical step as the award is binding only between China and the Philippines,” the magistrate said.

“However, this will not resolve the territorial dispute between China and the Philippines. Neither will it resolve the multilateral disputes involving China, the Philippines and other states,” he said.

Carpio, however, said that “any bilateral negotiation between China and the Philippines on the enforcement of the arbitral award is a positive development.”

On Thursday, presidential spokesperson Harry Roque confirmed that Mr. Duterte had “articulated preference for bilateral talks rather than multilateral talks in resolving the dispute” when he met with Chinese President Xi Jinping on the sidelines of the Asia-Pacific Economic Cooperation (Apec) Summit in Vietnam last week.

Read more: http://newsinfo.inquirer.net/945938/philippine-news-updates-supreme-court-senior-associate-justice-antonio-carpio-philippines-china-diplomacy#ixzz4yrxsXzXF
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‘Never give up honor, sovereignty and sovereign rights’

August 23, 2017

By   – @inquirerdotnet

07:24 AM August 23, 2017

(Editor’s Note: Below is the acceptance speech delivered on Aug. 19 by the Supreme Court senior associate justice on behalf of this year’s recipients of the UP Alumni Association Distinguished Alumni Awards.)

On behalf of this year’s alumni awardees, I wish to thank the board of directors of the University of the Philippines Alumni Association headed by its president, Atty. Ramon Maronilla, for this signal award conferred on us.

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I am sure I speak for all of the awardees here tonight that we are truly honored and humbled by this recognition. We will certainly treasure this award.

Show honor

This year’s theme of the alumni homecoming is “Itanghal ang Dangal” — show honor.

Honor is, of course, the first half of the UP motto—“Honor and Excellence.”

The emphasis on showing honor correctly points out that honor comes before excellence, that there must be honor above all, even as there must be excellence in all that we do.

For excellence without honor is a recipe for national disaster.

A society that has an abundance of excellence but a scarcity of honor is a society in deep trouble.

Excellence without honor creates evil geniuses and develops a culture of greed — all at the expense of the common good.

That is why the university must continuously teach our students, and the alumni must ceaselessly show by example, that there must be honor above all, even as we strive for excellence in all that we do.

Priceless

Honor is priceless, for once it has a price, then it can be for sale.

A nation’s sovereignty and sovereign rights are also priceless. If you put a price tag on our country’s sovereignty or sovereign rights, then another country may buy our country’s sovereignty or sovereign rights.

Our sovereign rights in the West Philippine Sea, like our honor as UP alumni, are priceless. They are not for sale.

Our sovereign rights belong to present and future generations of Filipinos.

The duty of this present generation of Filipinos is to defend and preserve our sovereign rights, and pass on these rights to the next generation for the benefit of all succeeding generations of Filipinos.

No generation of Filipinos, and no individual Filipino, has the right to sell or waive the country’s sovereign rights in the West Philippine Sea. Any such sale or waiver is a betrayal of the nation.

In this battle to defend and preserve our sovereign rights in the West Philippine Sea, we use the most powerful weapon ever invented by man, a weapon that can neutralize warships, warplanes, missiles and nuclear bombs, and that weapon is the rule of law.

Armed solely with this legal weapon, we won a great battle in July 2016 in The Hague at a United Nations Convention on the Law of the Sea (Unclos) tribunal, which awarded to the Philippines in the West Philippine Sea a vast exclusive economic zone, with an area larger than our total land area.

Next step

The next step is to enforce the award of the tribunal. This involves perseverance, steely determination, and a well-thought-out and carefully crafted long-term strategy.

I have no doubt that if we stay the course, the award of the tribunal will gradually be followed over time because the alternative is the demise of the law of the sea.

If the Unclos cannot apply in the South China Sea, then it cannot apply in the rest of the oceans and seas of the world.

Instead of the rule of law, the rule of the naval cannon will prevail in the oceans and seas.

The world community of civilized nations will not allow this to happen.

And even if we cannot immediately enforce the award because of the overwhelming might of the other side, we still acquit ourselves with respect before future generations of Filipinos because we are doing our duty with honor in accordance with the rule of law.

We would be setting a fine example to future generations of what it means to do our historic duty with honor.

Against all odds

That to me is the true meaning of “Itanghal ang dangal”—show, display and uphold honor against all odds.

Today, we face the gravest external threat to Philippine national security since World War II.

At stake is a huge maritime area rich in fishery, oil, gas and other mineral resources—either we keep this huge maritime area or we lose it to China forever.

The battle for the West Philippine Sea is the modern-day equivalent of the battles that our forebears fought, and even sacrificed their lives, to win and secure our sovereignty on land.

It is the turn of our generation to face the historic duty to defend the sovereign rights of the Filipino people in the sea.

To my fellow alumni of this great university: Never give up your honor, never give up our sovereignty, and never give up our sovereign rights!

Maraming salamat, mabuhay ang Pilipinas, mabuhay ang Unibersidad ng Pilipinas, mabuhay tayong lahat!

Read more: http://newsinfo.inquirer.net/924838/never-give-up-honor-sovereignty-and-sovereign-rights#ixzz4qaULyG3c
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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China and the Philippine government then chose to ignore international law.

Asean goes soft on China

August 2, 2017
In a draft statement, ASEAN foreign ministers said they tasked the ASEAN-China Senior Officials’ Consultation (ACSOC) mechanism to begin discussions on a substantive and effective COC on the basis of the framework as soon as possible. File

MANILA, Philippines –  The Association of Southeast Asian Nations (ASEAN) is seen to take a softer stand on China’s aggressive moves in disputed waters and to highlight instead the conclusion of negotiations on a framework of the Code of Conduct of Parties in the South China Sea (COC).

The latest talks on the COC were held on May 18 in Guiyang, China.

In a draft statement, ASEAN foreign ministers said they tasked the ASEAN-China Senior Officials’ Consultation (ACSOC) mechanism to begin discussions on a substantive and effective COC on the basis of the framework as soon as possible.

ASEAN and China are set to endorse a framework for a COC that will regulate the future behavior of the parties concerned during the meeting in Manila this week. The framework will be endorsed for eventual crafting of a COC.

The Department of Foreign Affairs (DFA) said the framework, completed ahead of the mid-2017 goal set by the leaders of ASEAN and China, contains elements which the parties have agreed to.

But the draft does not call for a legally binding COC, as some ASEAN countries had wanted.

Pending conclusion of a substantive COC, the ministers reaffirmed the importance of maintaining peace, stability, security and freedom of navigation and overflight in and above the South China Sea.

“In this regard, we underscored the importance of the full and effective implementation of the DOC (Declaration on the Conduct of Parties in the South China Sea) in its entirety,” the draft communiqué said.

“Taking note of concerns expressed by some ministers over recent developments in the area, we reaffirmed the importance of enhancing mutual trust and confidence, exercising self-restraint in the conduct of activities, pursuing mutually agreed practical maritime areas of cooperation, and avoiding unilateral actions in disputed features that may further complicate the situation in keeping with the principle of peaceful resolution of disputes without resorting to the threat or use of force,” the draft statement said.

The draft communiqué did not mention the July 12, 2016 arbitral ruling in favor of the Philippines.

‘Philippines should seek enforcement of arbitral award’

But Supreme Court Associate Justice Antonio Carpio said the Philippines should seek enforcement of the arbitration ruling against China on disputed territories in the West Philippine Sea.

Carpio said this after warning that a joint venture with China on the disputed islands would violate the Constitution.

Carpio said the Duterte administration should instead push for its territorial rights stemming from the government’s victory before the Permanent Court of Arbitration (PCA).

He raised suggestions as the country is set to host next week the ASEAN foreign ministers for the framework of the COC for claimants in the maritime row.

Among the options for the government, according to Carpio, is to initiate an agreement among all ASEAN members with territorial claims in the South China Sea like Vietnam, Malaysia, Brunei and Indonesia to declare that no geologic feature in the Spratly Islands generates an exclusive economic zone (EEZ) that could overlap among countries as ruled by the PCA.

He also suggested that the Philippines enter into sea boundary agreements with Vietnam and Malaysia on overlapping EEZ on the extended continental shelf claim in the Spratlys.

Carpio explained such agreements would implement part of the arbitral ruling that no geologic feature in the Spratly Islands generates an EEZ.

“Even if only the Philippines, Vietnam and Malaysia will agree to this declaration, it will clearly remove any maritime delimitation dispute among them leaving, only the territorial disputes,” the magistrate said in an interview.

He explained that such declarations would also isolate China as the only state claiming an EEZ from geologic features in the Spratly islands.

The SC justice said another option would be to file before the United Nations Commission on the Limits of the Continental Shelf an extended continental shelf (ECS) claim beyond the country’s 200-nautical mile EEZ in the West Philippine Sea off the coast of Luzon.

Carpio believes that the UN body would likely award the ECS claim to the Philippines since China would not participate in the process and oppose it. This would be similar to the Philippines’ ECS claim in Benham Rise, which was unopposed.

“If China opposes our ECS claim, China would have a dilemma on what ground to invoke,” he stressed, adding that China cannot invoke its nine-dash line claim over the South China Sea as the CLCS is bound by the PCA ruling under the United Nations Convention on the Law of the Sea (UNCLOS).

Carpio reiterated that the Philippines can file a new case before the UNCLOS tribunal if China starts reclamation activities in Panatag (Scarborough) Shoal as this would destroy the traditional fishing ground of Filipino, Vietnamese and Chinese fishermen.

Carpio earlier criticized the policy of the Duterte administration on the territorial dispute with China in the West Philippine Sea for “setting aside” the PCA award won by the legal team, of which he was part.

He said the policy is “without discernible direction coherence of vision” and “relies more on improvisation than on long-term strategy.”

But the SC justice clarified the blame does not fall on the Department of Foreign Affairs (DFA), because it is Duterte who is the chief architect of the country’s foreign policy.

DFA spokesman Robespierre Bolivar earlier said the PCA ruling might not be mentioned in the framework to be approved by the ASEAN foreign ministers.

The official said the framework would be “generic” and would only outline the nature of the code of conduct for parties in the dispute.

http://www.philstar.com/headlines/2017/08/03/1724206/asean-goes-soft-china

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Doklam deadlock: India and China will constantly challenge each other, get used to it

 (July 8, 2017)

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law.

 

Philippines’ Greatest International Victory — Document to peacefully resolve disputes by international law — Lost by the wayside

July 15, 2017
 / 05:18 AM July 15, 2017

On July 12 a year ago, the Philippines won a stunning victory on the international front when the case it had brought against China was upheld by the Permanent Court of Arbitration in The Hague. The ruling invalidated China’s claim to almost all of the South China Sea: The court said China has “no historical rights” on the area via its so-called “nine-dash line,” and recognized the Philippines’ sovereign rights to fish and explore for minerals in waters within its 370-kilometer exclusive economic zone.

“Having found that none of the features claimed by China was capable of generating an exclusive economic zone, the Tribunal found that it could—without delimiting a boundary—declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China,” declared the ruling.

Not only that. While the court said it would not “rule on any question of sovereignty over land territory and would not delimit any maritime boundary between the Parties” (China and the Philippines), it unequivocally declared that China had violated the Philippines’ sovereign rights in its exclusive economic zone “by (a) interfering with Philippine fishing and petroleum exploration, (b) constructing artificial islands and (c) failing to prevent Chinese fishermen from fishing in the zone.”

In much of the international community, the ruling was immediately hailed as a milestone document, a way forward to clarify and resolve, via international law, the bitter disputes that have arisen over ownership and fishing rights in the South China Sea (Vietnam, Malaysia and Brunei have competing claims to it alongside China and the Philippines). As late as last April, the issue was in the minds of the foreign ministers of the Group of Seven (G7) advanced economies—Canada, France, Germany, Italy, Japan, the United Kingdom and the United States—when it issued a statement backing the ruling, saying it could be “a useful basis for further efforts to peacefully resolve disputes in the South China Sea.” G7 added that it strongly opposed “any unilateral actions which increase tensions, such as the threat or use of force, large-scale land reclamation, building of outposts, as well as their use for military purposes and urge all parties to pursue demilitarization of disputed features and to comply with their obligations under international law.”

That reminder was deemed necessary, because China had not only rejected the tribunal’s ruling despite being a signatory to the United Nations Convention on the Law of the Sea, under which the arbitration case was heard; it also defied world opinion by upping the ante, constructing military facilities on three islands in the disputed region that have now allowed it to potentially deploy military forces and exercise an effective lockdown over the vital waters.

While other claimant countries have continued to protest Beijing’s muscle-flexing, the Philippines, the main beneficiary of the tribunal’s ruling, has instead chosen rapprochement with China by, first of all, “setting aside” the historic decision. That was how President Duterte worded his rebooted foreign policy, under which the Philippines would be silent for now on its legal claim, in exchange for billions of dollars in loans and financial commitments from its giant economic neighbor. The President sees it as a pragmatic arrangement: The Philippines is in no shape to fight China militarily, and so must assume a less provocative, more suppliant position.

Meanwhile, China’s encroachment and increasing control over the West Philippine Sea continues.

Only time will tell if the Duterte administration’s strategy over this invaluable piece of national patrimony is correct, or if in fact, as Supreme Court Senior Associate Justice Antonio Carpio said, it “dropped the ball.”

Read more: http://opinion.inquirer.net/105588/ignored-victory#ixzz4msYNTgIk
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Commentary: Japan’s contributions to Philippine maritime security — Keeping the sea-lanes of communication open — Respecting international law — Even after China’s threat of war

July 8, 2017
Chinese structures and an airstrip on the man-made Subi Reef at the Spratlys group of islands are shown from the Philippine Air Force C-130 transport plane of the Philippine Air Force during the visit to the Philippine-claimed Thitu Island by Defense Secretary Delfin Lorenzana, Armed Forces Chief Gen. Eduardo Ano and other officials off the disputed South China Sea in western Philippines Friday, April 21, 2017. The South China Sea issue is expected to be discussed at the 20th ASEAN Summit of Leaders next week. Francis Malasig/Pool Photo via AP

The depth and breadth of Japanese support to the Philippines cannot be overstated.

In the aftermath of the Scarborough Shoal showdown in 2012, Japan readily provided patrol ships as well as diplomatic support. It has also assisted the Philippines in beefing up its Navy and Coast Guard.

Last year, Foreign Minister Kishida met President Rodrigo Duterte in Davao a month after the Arbitral Tribunal released its ruling on the Philippines’ case. They fleshed out mechanisms in strengthening bilateral cooperation towards a peaceful resolution of the South China Sea conflict in line with the stipulations of the tribunal award.

Kishida advised Duterte that Japan is willing to provide more patrol boats to the Coast Guard and lease training aircraft to the Philippine Navy for maritime reconnaissance.

In celebration of the first anniversary of the arbitral tribunal’s award, the Stratbase ADR Institute is holding a forum on July 12, 2017, entitled “The Framework Code of Conduct, One Year After Arbitration.”

The by-invitation forum will feature insights from Secretary Delfin Lorenzana, Justice Antonio Carpio, Dr. Jay Batongbacal, former National Security Adviser Roilo Golez, Dr. Ginnie Bacay-Watson and Mr. Koichi Ai, in addition to myself and Ambassador Albert Del Rosario.

Japan’s contributions to Philippine maritime security in support of arbitral tribunal decision

Japanese Prime Minister Abe met for the first time with Duterte during the ASEAN summit held in Laos. He laid bare Japan’s intent to further boost the search-and-rescue and fisheries protection capabilities of the Coast Guard through the provision of two 90-meter patrol vessels and 10 multi-role vessels.

Abe also promised to beef up the Philippine Navy’s capabilities for reconnaissance missions, disaster relief operations and transporting supplies by lending five TC-90 training aircraft to the navy. When Abe made a state visit in January, he reiterated Japan’s support for the Philippines’ capacity-building initiatives on maritime security. Hence, on 28 March 2017, Japan formally transferred the first reconnaissance planes to the PN.

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Japan TC-90 aircraft

These efforts are part of Japan’s strategic objective of solidifying the security partnership between the Philippines and Japan—both maritime and liberal democratic nations with shared common interest in the preservation of freedom of navigation and respect for the rule of law—amid growing regional uncertainty brought about by increasing Chinese assertiveness and worsening Philippine-US relations.

The arbitral tribunal ruling revisited

To recall, the Permanent Court of Arbitration (PCA) categorically ruled that upon ratification of the United Nations’ Convention on the Law of the Seas (UNCLOS), China’s historic rights to the marine resources in the South China Sea were extinguished. Also, the court affirmed that there is no historical evidence proving that China had fully exercised exclusive control over the waters and their resources surrounding the land features in the South China Sea. Furthermore, the tribunal asserted that the Chinese vessels’ presence in the high seas constitute an exercise of freedom of navigation and fishing rather than historic right. Overall, the PCA ruled in favor of the Philippines’ 14 out of 15 claims against China.

The three-month long stand-off between a lone Philippine Coast Guard vessel and Chinese civilian ships off Scarborough Shoal in 2012 was the single incident that brought Manila and Beijing very close to the brink of a shooting war.

Outgunned and outnumbered, the Philippines pulled out its lone vessel in mid-June 2012. This eventually gave the Chinese Maritime Surveillance (CMS) personnel the free hand to construct a chain barrier across the mouth of the shoal in order to block the Filipino fishermen access to it.

In addition, the CMS personnel escorted the Chinese fishing boats that operate deep into the Philippines’ exclusive economic zone to prevent them from getting arrested by Philippine authorities. This chain of events paved way to China establishing de facto control over the shoal.

Seeing the futility of thwarting China’s actions militarily, the Philippines resorted to legal means to resolve the brewing tension. The Aquino government filed a statement of claim against China in the PCA at The Hague.

Expectedly, China refused to participate in the proceedings, arguing that the only acceptable manner of resolving disputes on territorial and maritime rights is through bilateral talks with countries that are directly concerned.

Interestingly, Japan sent representatives as observers throughout the two-year proceedings. Under Prime Minister Shinzo Abe, Tokyo has been consistent in expressing its unequivocal support to the Philippines’ determination to resolve the issue on the basis of international law. This is reflective of Japan’s determination to uphold peaceful resolution of disputes through UNCLOS and prevent any other country from altering the status quo in the South China Sea by force.

Japan’s new approach to defense, foreign policy

The participation of Japan in the Philippines-China dispute should be understood in the context of Japan’s evolving domestic and external security environment and Abe’s adoption of a proactive approach in international affairs. Within Tokyo, Abe and his cohorts of political elite acknowledged that Japan’s minimalist security policy—with its strong emphasis on economics and limited involvement in external security affairs—was becoming passé in the face of China’s expedient military modernization and North Korea’s improving ballistic and nuclear missile capabilities.

Hence, when Abe returned to power in December 2012, he urged Japan to assume a more proactive role in upholding the liberal international order with an emphasis on the security and governance of the maritime domain. Accordingly, on Dec. 17, 2013, the Abe administration officially adopted a new national strategy that would concretize Abe’s aspirations and seal Japan’s role as the defender of the post-Second World II liberal order in East Asia.

In line with this, Japan enacted “multilayered security cooperation” with its treaty ally, the US, as well as other security partners in the region such as South Korea and Australia which share the common interest of keeping the sea-lanes of communication open. Today, such shared interests underpin Japan’s cooperation with the Philippines.

Renato Cruz De Castro, Ph.D. is a trustee and program convenor for foreign policy and regional security at the Stratbase Albert Del Rosario Institute (ADRi) and a professor at the De La Salle University.

 http://www.philstar.com/news-feature/2017/07/08/1717338/commentary-japans-contributions-philippine-maritime-security
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Peace and Freedom Note: The international arbitration court in the Hague ruled that China had no Sovereignty over the islands it built itself in international waters –– illegally.

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The international arbitration court in the Hague said on July 12, 2016, that China’s “nine dash line” was not recognized under international law — making the Vietnamese and Philippine claims on South China Sea islands valid and lawful.

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 (The Philippines should know that China has a nasty habit of not honoring agreements)

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China’s coast guard monitors and regulates fishing in the South China Sea — which is not allowed under international law. When Philippine President Duterte told China’s President Xi the Philippines would drill for oil in the South China Sea — Xi threatened war….

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Deepsea Metro I — Vietnam drilling for oil in the South China Sea in defiance of China

Philippine Supreme Court Justice — Not even President Rodrigo Duterte or the Congress can waive the country’s sovereign rights over the West Philippine Sea

May 11, 2017
Gov’t urged to protest Beijing acts despite friendlier ties
/ 12:57 PM May 11, 2017

CARPIO ON A FORUM OF PH STAKE ON WEST PHILIPPINE SEA / APRIL 25 2016 Senior Justice Antonio Carpio talks about country's stake in the West Philippine Sea during a forum in CLub Filipino in San Juan City. INQUIRER PHOTO / RICHARD A. REYES

Senior Supreme Court Justice Antonio Carpio talks about country’s stake in the West Philippine Sea during a forum in Club Filipino in San Juan City. INQUIRER PHOTO / RICHARD A. REYES

 

Supreme Court Associate Justice Antonio Carpio on Thursday said not even President Rodrigo Duterte or the Congress can waive the country’s sovereign rights over the West Philippine Sea amid warming ties between Manila and Beijing.

Asked if the President could be breaking Philippine laws with his remarks and actions in connection with China, Carpio said Duterte should be careful in making “unilateral statements” as he is the one recognized to “bind the country.”

READ: Carpio book on sea row challenges China | Carpio hopes e-book on disputed seas reaches Chinese audience

“Because the ruling involves sovereign rights, it says the Philippines has exclusive sovereign rights over the West Philippine Sea, so the sovereign rights cannot be waived by the President or anyone.  I don’t think even the Congress can waive that. Only the people can waive that. So if government officials waive that, it can be betrayal of public trust,” Carpio said in an interview with ABS-CBN News Channel’s Headstart.

Carpio was referring to the United Nations-backed arbitration ruling last year that invalidated China’s claims to almost all of the South China Sea and favored the Philippines based on the 1982 UN Convention on the Law of the Sea. He was instrumental in Manila’s filing of the case.

Since his election in May last year, President Duterte has forged a “recalibrated” foreign policy that veered away from dependence on the United States and shifted toward friendlier relations with China and Russia.

Duterte, who is facing an impeachment complaint filed by the Magdalo group over his alleged mishandling of the South China Sea case, has repeatedly said that the Philippines can’t match China’s military power.

But Carpio said the Philippine government should keep on protesting Beijing’s reclamation and militarization activities in the South China Sea despite the country’s relatively weaker military capacity. Beijing, which refused to recognize the arbitral ruling, continues to develop artificial islands in the Spratlys archipelago.

“If we are no match with China, we don’t have to waive it. You can insist even if you can’t physically get it but you must keep on insisting. Because if you waive it, it’s gone forever. The moment we concede our sovereign rights, we cannot take it back because China will never give it back. That’s why we have to be very careful,” the justice said.

He said, “We have many cards to play that are not confrontational.”

Carpio cited Vietnam, one of the claimant countries in the disputed seas, as a possible model for the Philippines. Hanoi maintains good trade relations with Beijing despite a strong stance in the maritime row.

“I would take the approach of Vietnam as the model because Vietnam is very strong in resisting China’s encroachment but they continue to have very strong trade relations with China. A lot of Chinese companies operate in direct export zones. It’s not an ‘either or’ because they were able to separate these issues and China would accept that,” Carpio said.

“If we adopt that attitude that we don’t want to displease China, we’ll never get back our exclusive economic zone. Every time China fortifies its claim, build something there, we will not displease China. It will end that way. We have to protest every act of China, any attempt to increase or enforce its claim,” he added.

Carpio has recently launched a book that questions China’s claims to the disputed seas, which he said he will distribute online in Mandarin so it could reach Chinese people. CBB

Read more: http://globalnation.inquirer.net/156441/carpio-duterte-congress-cant-waive-ph-rights-west-ph-sea#ixzz4gkZbLOtS
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 (The authors say, China prefers places with lots of poverty and corruption and not too much interest in rule of law or human rights…)
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For about five years China has been loudly proclaiming “indisputable sovereignty over the South China Sea.” China has said, everything north of the “nine dash line” shown here, essentially, belongs to China.  On July 12, 2016, the Permanent Court of Arbitration in The Hague said this claim by China was not valid. But China chose to ignore international law and nobody has even complained.