Posts Tagged ‘Antonio Carpio’

‘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.

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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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 (Contains links to several more related articles)

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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….

(Contains links to previous related articles)

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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.

Filipino Official Launches Book on China’s Sea Claims Online

May 4, 2017

MANILA, Philippines — A Philippine Supreme Court justice has launched a book that is highly critical of China’s historic claims to most of the South China Sea and said he will spread it through the Internet to overcome China’s censorship and reach its people.

Supreme Court Justice Antonio Carpio said Thursday his e-book can be downloaded for free in English and will be made available online later in Mandarin, Vietnamese, Japanese, Bahasa and Spanish to help more people understand the basis of the Philippines’ stand against China’s massive territorial claims.

Carpio said public opinion, including in China, can help pressure Beijing to comply with an arbitration ruling last year that invalidated China’s historic claims based on a 1982 maritime treaty. Carpio helped prepare the arbitration case.

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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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On July 12, 2016 a ruling of the Permanent Court of Arbitration in the Hague said China’s nine-dash line claim (shown above) was invalid and not recognized in international law.

Philippines Prepares Protest vs China Over South China Sea Island Grab

March 21, 2017
Justice Secretary Vitaliano Aguirre II said the administration’s planned course of action was in accordance with Supreme Court Senior Associate Justice Antonio Carpio’s suggestion that a strong formal protest against Beijing be filed with the Permanent Court of Arbitration based in The Hague. File photo

MANILA, Philippines – The Philippines is preparing to formally protest China’s plan to install a radar station at Panatag (Scarborough) Shoal in violation of a ruling by a United Nations-backed international tribunal declaring the shoal a common fishing ground outside any country’s jurisdiction.

Justice Secretary Vitaliano Aguirre II said the administration’s planned course of action was in accordance with Supreme Court Senior Associate Justice Antonio Carpio’s suggestion that a strong formal protest against Beijing be filed with the Permanent Court of Arbitration based in The Hague.

“I think so, there will be (a protest to be filed). Medyo malakas-lakas ang ifa-file (A stronger one will be filed),” Aguirre said when asked about the issue in a chance interview.

Aguirre’s statement came on the heels of President Duterte’s voicing helplessness against China’s continued buildup of its forces in waters within the Philippines’ exclusive economic zone.

But Aguirre assured the public that Duterte is committed to protect and defend the nation’s sovereignty despite the latter’s pronouncement that he could not stop China from building a structure at the shoal. “Definitely, he will not let go of (Panatag shoal),” Aguirre stressed.

“As a matter of fact, we are strengthening the relationship with the US,” Aguirre pointed out, indicating a potential shift from Duterte’s earlier declaration of separation from the US and a pivot to China.

The filing of a protest was among the five-point strategy suggested by Carpio for dealing with China’s reported plan to set up facilities at Panatag shoal.

The SC justice has also suggested sending Philippine Navy vessels to the shoal.

“If the Chinese attack Philippine Navy vessels, then invoke the Philippine-US Mutual Defense Treaty which covers any armed attack on Philippine Navy vessels operating in the South China Sea,” he pointed out.

Carpio also stressed the government may ask the US to declare the shoal part of Philippine territory and accept the superpower’s offer to hold joint patrols in the South China Sea and the West Philippine Sea.

The SC magistrate also advised Duterte to “avoid any act, statement or declaration that expressly or impliedly waives Philippine sovereignty to any Philippine territory in the West Philippine Sea.”

Carpio stressed that Panatag is part of the national territory under Republic Act No. 9522 (Philippine Baselines Law) and that President Duterte has the constitutional duty to defend it from China’s incursion.

He earlier warned that the installation of a radar system at the Panatag shoal will complete China’s air defense identification zone in the South China Sea.

In 2012, the Chinese seized the Panatag Shoal after a tense standoff with Philippine Navy personnel who had tried to arrest Chinese poachers in the area. The poachers were allowed to return to China with their illegal harvest of baby sharks, endangered corals and giant clams. The Chinese have never left the shoal since then.

A ruling in July last year by the UN-backed Permanent Court of Arbitration based in The Hague upheld the Philippines’ entitlements in the West Philippine Sea but declared Panatag a common fishing ground. The shoal is only about 230 kilometers from the nearest coast in Luzon and close to 2,700 kilometers from China’s nearest coast in Hainan.

Defending sovereignty

At Malacañang, presidential spokesman Ernesto Abella made it clear Duterte has not surrendered the country’s sovereignty over Panatag Shoal or any other area within the country’s EEZ either seized or being coveted by China.

“He has said time and again that he will defend and protect the interests of the Filipino people and will take necessary action at a time most fitting and advantageous to us,” Abella said.

“Furthermore, PRRD has repeatedly asserted that RP is not giving up its claims and our entitlements over the area,” Abella said, referring to Duterte by his presidential initials.

He noted even China has not issued an official stand on reports it was preparing to build a radar station at Panatag Shoal. The Department of Foreign Affairs (DFA), he said, is verifying such reports.

“The DFA is in the process of verifying alleged announcements of proposals to build structures in WPS (West Philippine Sea), since these statements do not reflect the official position of China,” he said.

Duterte earlier declared that the Philippines – with its weak armed forces – cannot stop Beijing from building a radar station at Panatag Shoal.

This prompted Carpio to remind Duterte of his constitutional duty to defend the country from Chinese incursion.

Panatag is part of the national territory, Carpio pointed out, as stipulated under the Philippine Baselines Law.

In his speech in Myanmar Monday, Duterte again ruled out invoking the UN arbitration ruling when dealing with Beijing. But he also vowed to raise the matter if and when China starts extracting mineral resources like oil or uranium in disputed areas.

“Now, if China starts getting oil or uranium or whatever that’s inside the bowels of the sea, I will do something and tell them, ‘We own it. You claim it by historical right, by judgment I won and it’s mine,’” he said.

Duterte also stressed he would not send forces to confront the Chinese in disputed areas to avoid bloodshed.

“First hour, they are finished already. We are not in a position to declare war,” he said.

“But I said to China that someday during my term as President, I will have to confront you about the arbitral ruling and that would be maybe, during the time when you begin to extract minerals and the riches of what is inside the bowels of the earth,” Duterte added.

Not defenseless

Meanwhile, the lawmaker who filed an impeachment complaint against Duterte has asked the President not to portray the country as defenseless against China’s maritime incursion.

“His statement that we cannot do anything is not true. In fact, we have a lot of non-military and non-confrontational options. He just doesn’t want to do them,” Rep. Gary Alejano of party-list group Magdalo said.

During the campaign, then candidate Duterte said if the Chinese intruded into Panatag, he would rush there in a jet ski to confront the intruders.

Alejano has described as “treason” the President’s admission that he had allowed a Chinese research ship to survey Benham Rise, which is part of the country’s territory.

He said Duterte’s statement on China’s building plan at Panatag Shoal “is a defeatist narrative fitting squarely to what China wants us to feel.”

The lawmaker advised the President to listen to Carpio and revisit various recommendations proposed in the past by national leaders and security officials to address Chinese intrusions into Philippine waters.

“He can consult his national security team and other leaders,” he added.

Alejano lamented the Duterte administration is speaking with discordant voices in dealing with China.

He noted that while Defense Secretary Delfin Lorenzana has denounced the presence of China’s research ship in Benham Rise, the President admitted he had allowed it without informing his defense chief.

Alejano urged the President to send the Coast Guard or even the Navy to patrol the Panatag Shoal area.

“The shoal is located 230 kilometers from Luzon, while it is 2,659 kilometers away from the Chinese mainland. Logistically, the replenishing of supplies such as food and fuel will be a challenge for China, not so for our troops since it is closer to our shores,” he said.

“We can strategically deploy and train our fishermen to utilize the natural resources in the area. We could provide them with study vessels and advanced communication system so that we could aid or defend them should they be threatened by Chinese ships,” he said.

He said Duterte should learn a lesson or two from Vietnam in protecting the country’s interest.

Alejano recalled that in one confrontation with China near the disputed Paracels, Vietnam lost several troops.

The former Marine captain said the country could also invoke its security alliance with the United States, Japan and Australia.

In case of a shooting war, he said he would be “more than willing to fight for our country.”

The military, for its part, said it is ready to deploy a navy ship – recently acquired from the US – to conduct oceanographic survey of Benham Rise.

Col. Edgard Arevalo, Armed Forces of the Philippines Public Affairs Office chief, said they are just awaiting a written order from Lorenzana or from the President for the deployment of BRP Gregorio Velasquez (AGR-702) to Benham Rise.

“We have one survey vessel and the Philippine Navy has the capability to do maritime research, but so far we don’t have the instructions,” Arevalo said. The other survey vessel acquired from the US was BRP Andres Bonifacio.  – With Christina Mendez, Jaime Laude

http://www.philstar.com/headlines/2017/03/22/1683442/philippines-prepares-protest-vs-china-over-panatag

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 (Contains links to several previos articles on the South China Sea)

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On July 12, 2016 a ruling of the Permanent Court of Arbitration in the Hague said China’s nine-dash line claim (shown above) was invalid and not recognized in international law.

Philippines: President Duterte Foes Amend Impeachment Complaint, Call Duterte Stance on China ‘Dereliction of Duty’

March 20, 2017
Magdalo party-list Rep. Gary Alejano holds a copy of the impeachment complaint he filed against President Duterte at the House of Representatives on Thursday. Philstar.com/File photo
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MANILA, Philippines — Magdalo Party-list Rep. Gary Alejano said that his group is considering  filing a supplemental complaint against President Rodrigo Duterte for allegedly being subservient to China.
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Alejano’s statement came after Duterte claimed last week that he allowed China to send survey ships to Benham Rise as part of an agreement.
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The Department of Foreign Affairs last week said it was not aware of an agreement or policy over the Benham Rise region.
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In an interview on CNN’s ‘The Source,’ Alejano said that the president’s action is a matter of national security since there is a conflict of interest with China on the West Philippine Sea, the part of the South China Sea that Manila claims.
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“We’re talking about national interest here, we’re talking about national security here because we have a clear conflict of interest in West Philippine Sea,” Alejano said.
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China has repeatedly reiterated its position over the South China Sea, saying it has a historical and legal claim over the vast area.
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An international tribunal however, ruled in favor of the Philippines in an arbitration case against China, saying that China’s “nine-dash line” claim over a large part of the South China Sea, including part of the Philippines’ exclusive economic zone, has no basis.
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In a speech on Sunday, Duterte also said that he cannot stop China from setting up a reported monitoring station in the Scarborough Shoal, also known as Panatag or Bajo de Masinloc.
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“We cannot stop China from doing its thing. Hindi nga napara ng Amerikano,” Duterte said.
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Duterte added that the country will lose all of its military and policemen if he declares war against China.
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Alejano however, said that war is not the only solution, saying that the president could constantly raise issues in the West Philippines Sea.
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“He’s not doing that because he’s afraid to offend China,” Alejano said.
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He added that if Duterte said he cannot do anything to protect the country’s territory “then that’s dereliction of duty.”
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 (Contains links to several previos articles on the South China Sea)

Philippine President Duterte Seeking Allies For At Sea Code of Conduct

March 20, 2017
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Duterte is welcomed by his Myanmar counterpart U Htin Kyaw at the Presidential Palace in the capital Naypyitaw yesterday. Duterte flew to Bangkok, Thailand last night. AP

MANILA, Philippines – In a bid to avoid tension in disputed areas in the South China Sea, President Duterte called for support for the approval of a Code of Conduct (COC) among members of the Association of Southeast Asian Nations (ASEAN).

“It’s very important for China and the rest of the nations, especially the ASEAN, to come up with a Code of Conduct,” Duterte said in a press briefing in Myanmar on Sunday night.

The President also pitched for the COC while he was in Myanmar, which was part of the last leg of his introductory tour of Southeast Asia in the run-up to the ASEAN summit this November in Manila.

The Declaration on the Code of Conduct of Parties in the South China Sea (DOC) was signed by all members of ASEAN and China on Nov. 4, 2002. It lists the principles of self-restraint and non-militarization.

Duterte said he would invoke the arbitral ruling favoring Philippine claims if China starts gathering mineral resources from the disputed areas.

“Kung ang China kukuha na sila ng mga oil o uranium (If China starts getting oil or uranium) or whatever that’s inside the bowels of the sea, kalabitin ko sila (I will do something). Ako man rin ang may-ari niyan (We own it). You claim it by historical right, but by judgment I won and it’s mine,” he said.

But Duterte again admitted that the Philippines cannot stop China from building a radar station at Panatag (Scarborough) Shoal because the Philippine military is no match for Chinese armed forces. And he cannot allow Filipino soldiers to go to disputed areas to avoid casualties.

“First hour pa lang ubos na ‘yun (they are finished already). We are not in a position to declare war,” he said.

“But I said to China that someday during my term as President, I will have to confront you about the arbitral ruling and that would be maybe, during the time when you begin to extract minerals and the riches of what is inside the bowels of the earth,” he added.

Duterte also claimed that the United States is also “scared” of China.

“Hindi nga natin mapigilan kasi hindi natin kaya ang China. Hindi nga mapigilan ng Amerikano. In the first place, sa umpisa pa lang niyan, hindi na pumunta ang Amerikano, natakot na (We cannot stop China. Even the Americans cannot stop it. In the first place, from the start America did not respond, they got scared right away),” he said.

He noted that what the Philippines has right now are only entitlements.

“Just entitlement, not territory. I said repeatedly it is not within our territorial waters. But what we are trying to achieve is that we are also recognized to own the entitlements,” he said.

“The structures have nothing to do with the economic zone. It might impede but actually it’s a construction that would disturb the navigation of the sea,” he added.

Despite China’s excessive claims, Duterte said he is working to further bolster economic and trade ties between Manila and Beijing.

Defend Panatag

Supreme Court Senior Associate Justice Antonio Carpio reminded Duterte that he has the constitutional duty to defend Panatag Shoal from Chinese incursion.

Carpio also formulated a five-point strategy on how the Duterte administration can respond to China’s reported plan to install a radar station in the disputed shoal.

The magistrate explained that Panatag is part of the national territory under Republic Act No. 9522 or Philippine Baselines Law and should be defended to “preserve for future generations of Filipinos their national patrimony in the West Philippine Sea.”

But he stressed that since the Philippines cannot match the military power of China, Duterte may opt for other actions to defend the country’s sovereignty over the shoal and fulfill his duty as president.

First, Carpio suggested that the government should file a strong formal protest against the Chinese building activity before the Permanent Court of Arbitration (PCA) in The Hague.

“This is what the Vietnamese did recently when China sent cruise tours to the disputed Paracels,” he added.

The PCA ruled that Panatag Shoal is a “common fishing ground” of fishermen not only from the Philippines but also from China and other neighboring countries and nullified China’s nine-dash line claim over South China Sea. The justice said the government could also send the Philippine Navy to patrol the shoal.

“If the Chinese attack Philippine Navy vessels, then invoke the Philippine-US Mutual Defense Treaty which covers any armed attack on Philippine navy vessels operating in the South China Sea,” he suggested.

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Philippines: Supreme Court Associate Justice reminds President Rodrigo Duterte to avoid waiving Philippine sovereignty to any Philippine territory

March 20, 2017
By: – Reporter / @T2TupasINQ
/ 12:51 PM March 20, 2017
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Image may contain: ocean, sky, cloud, outdoor, water and nature
A Filipino fishing vessel ventures into the Panatag (Scarborough) Shoal in the West Philippine Sea. —REM ZAMORA

Supreme Court Associate Justice Antonio Carpio reminded President Rodrigo Duterte to avoid any statement or declaration that expressly or impliedly waives Philippine sovereignty to any Philippine territory in the West Philippine Sea.

“This will preserve for future generations of Filipinos their natural patrimony in the West Philippine Sea,” Carpio said.

Carpio’s statement came after Duterte said he cannot stop China from implementing its plan to build structures on the disputed Panatag Shoal for now.

In 2012, China seized Panatag Shoal or the Scarborough Shoal after a tense standoff between Chinese and Filipino vessels. China denied Filipino fishermen access to Scarborough’s rich fish stock.

Filipinos have been able to go back to Scarborough after Duterte reached out to Beijing and restored good diplomatic ties, which were damaged when President Benigno Aquino III tried to forcefully enforce Philippine authority on the shoal.

The Permanent Court of Arbitration ruled that Panatag Shoal is a “common fishing ground” of fishermen not only from the Philippines but also from China and other neighboring countries.

Duterte said if the US was not able to stop China, what could the Philippines do?

Carpio said Duterte was the Commander-in-Chief of the Armed Forces which is tasked by the Constitution to defend the country’s territory.

He pointed out that under Republic Act 9522 or the Philippines’ Baseline Law, Scarborough Shoal is part of the Philippine territory.

Carpio said since the Philippines was no match to China militarily, the President could fulfill his constitutional duty by doing any, some or all of the following:

  • File a strong formal protest against the Chinese building activity.

“This is the least that the President should do,” Carpio said.

Carpio said that is what the Vietnamese did recently when China sent cruise tours to the disputed Paracels.

  • Send the Philippine Navy to patrol Scarborough Shoal.

Carpio said if the Chinese attack the Philippine navy vessels, the country can invoke the Philippine-US Mutual Defense Treaty which covers any armed attack on Philippine Navy vessels operating in the South China Sea.

  • Ask the United States to declare that Scarborough Shoal is part of Philippine territory for purposes of the Philippines-US Mutual Defense Treaty since the shoal has been part of  Philippine territory even during the American colonial period.

The high court’s Senior magistrate and an expert in the maritime dispute with China said “the US has declared the Senkakus as part of Japanese territory for purposes of the US-Japan mutual defense treaty.”

  • Accept the standing US offer to hold joint naval patrols in the South China Sea, which includes Scarborough Shoal.

Carpio said “this will demonstrate joint Philippine and US demonstration to prevent China from building on Scarborough Shoal.”

Aquino earlier tried to use the Navy to assert the rights of the Philippines over Scarborough, but China responded by sending more of its ships to the shoal.

China also began building artificial islands in the West Philippine Sea, which is reportedly already being militarized by Beijing.

The US has conducted patrols and freedom of navigation exercises in the West Philippine Sea but has not stopped China from reportedly arming its artificial islands. CBB/rga

Read more: http://newsinfo.inquirer.net/882226/carpio-cautions-duterte-on-statements-about-west-philippine-sea#ixzz4bqE16wZP
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

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No automatic alt text available.

On July 12, 2016 a ruling of the Permanent Court of Arbitration in the Hague said China’s nine-dash line claim (shown above) was invalid and not recognized in international law.

Related: