The Rule of Law in the West Philippine Sea Dispute

THE RULE OF LAW IN

THE WEST PHILIPPINE
SEA DISPUTE
Justice Antonio T. Carpio
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
THE RULE OF LAW IN
THE WEST PHILIPPINE
SEA DISPUTE
Justice Antonio T. Carpio
The Rule of Law in the West Philippine Sea Dispute
Origins of Law of the Sea
In the 17th Century, naval
ownershipof oceans and
enforcedtheir ownership
In 1609, Hugo Grotius argued
Liberum that the oceans
mankind.
Grotius idealater became
Thefoundationof lawof
andseasbelongtoall mankind
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
Origins of Law of the Sea
naval superpowers claimed
andseas they discovered, and
ownershipthroughthenaval cannon.
argued in his classic Mare
oceans and seas belonged to all
becamepart of international law.
of theseais that theoceans
mankind.
The Rule of Law in the West Philippine Sea Dispute
China Returns to 17th
Century
In the 21st Century, China
almost the entire South
right.
China is enforcing its
cannon.
China is bringing back
Century.
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
China Returns to 17th
Century Era
China claims ownership of
South China Sea by historical
claim through the naval
back the world to the 17th
The Rule of Law in the West Philippine Sea Dispute
The West Philippine
Sea Dispute
Under its 9-dashed line
asserts indisputable sovereignty
EEZand100%of theECS
WPS.
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
West Philippine
Sea Dispute
line historical claim, China
sovereignty to 80% of the
ECS of thePhilippinesinthe
The Rule of Law in the West Philippine Sea Dispute The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
The Rule of Law in the West Philippine Sea Dispute
Law Governing
the WPS Dispute
UNCLOS, which took effect
WPSdispute.
UNCLOS codifiedexisting
lawandcreatednovel maritime
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
Law Governing
the WPS Dispute
effect in 1994, governs the
existingcustomary international
maritimeentitlements.
The Rule of Law in the West Philippine Sea Dispute
Law Governing
the WPS Dispute
UNCLOS provides for
settlement mechanism
maritimedisputes.
UNCLOS governs only
territorial sovereigntydisputes
China, thePhilippines, and
to the Spratlys have ratified
boundtofollowUNCLOS
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
Law Governing
the WPS Dispute
for a compulsory dispute
for the settlement of
only maritime disputes, not
disputes.
andall other claimant states
ratified UNCLOS, and are
UNCLOSfaithfully.
The Rule of Law in the West Philippine Sea Dispute
Maritime Entitlements
under UNCLOS
UNCLOS guarantees every
Philippines, a 200-NM
whereapplicable.
Coastal and landlocked
highseas, whichisthearea
The area beyond the ECS,
belongs to all coastal and
called the AREA which
of mankind.
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
Maritime Entitlements
under UNCLOS
every coastal state, like the
EEZ, plus a 150-NM ECS
landlocked countries can fish in the
areabeyondtheEEZ.
ECS, with all its resources,
and landlocked states; this is
which is the common heritage
The Rule of Law in the West Philippine Sea Dispute
Violation of UNCLOS
Legal Entitlements
Chinas9-dashedlineclaim
1. ThePhilippines and other
toa200-nmEEZand150-nm
2. Theright of all statestofish
3. The right of all states
ECS.
4. The prohibition against
highseastoitssovereignty.
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
Violation of UNCLOS
Entitlements
claimviolates:
other states legal entitlement
nmECS.
fishinthehighseas.
to the seabed beyond the
against any state subjecting the
sovereignty.
The Rule of Law in the West Philippine Sea Dispute The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
The Rule of Law in the West Philippine Sea Dispute
Chinas 9
Line Claim
Chinaanchorsits9-dashed
rights.
The9-dashedlinesfirst appeared
Government map; the
provenance; the dashes
reducedto9, andthenincreased
The dashes have no
explanation whether they
theislandswithintheenclosed
toall theenclosedwaters
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
s 9-Dashed
Line Claim
dashedlineclaimonhistorical
appearedina1947Chinese
the map is of dubious
were originally 11, later
increasedto10.
no coordinates, and no
they signify a claimonly to
enclosedarea, or alsoaclaim
waters.
The Rule of Law in the West Philippine Sea Dispute
James Shoal
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
James Shoal
The Rule of Law in the West Philippine Sea Dispute
From 11 to 9 to 10 Lines
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
From 11 to 9 to 10 Lines
The Rule of Law in the West Philippine Sea Dispute
Chinas 9
Line Claim
Chineselegal scholars are
or 10dashesmean.
China officially notified the world of the 9
line claim only in 2009.
China never enforced the 9
1947 up to the present.
No country recognizes or acquiesces in to China
9-dashed line claim.
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
s 9-Dashed
Line Claim
aredividedas to what the9
China officially notified the world of the 9-dashed
China never enforced the 9-dashed line claim from
No country recognizes or acquiesces in to Chinas
The Rule of Law in the West Philippine Sea Dispute
The 9-dashed line claim
principles and rules of international
of historical rightstothe
The 9-dashed line claim
which does not recognize
rights totheEEZor ECS
There is nothing historical
Chinas9-dashedlineclaim
Chinas 9
Line Claim
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
claim is contrary to the
international law on claims
sea.
claimis contrary to UNCLOS,
recognize claims of historical
ECSof another state.
historical or right about
claim.
s 9-Dashed
Line Claim
The Rule of Law in the West Philippine Sea Dispute
China is offering to jointly
Philippines EEZ that
lineclaim, whileshelving
However, China requires,
development, that the Philippines
Chinas indisputable sovereignty
dashedlineclaim.
This precondition is inconsistent
sovereigntyissue.
Chinas Joint
Development Offer
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
jointly develop areas in the
overlap Chinas 9-dashed
shelving the sovereignty issue.
requires, as precondition to joint
Philippines first recognize
sovereignty under its 9-
inconsistent with shelving the
s Joint
Development Offer
The Rule of Law in the West Philippine Sea Dispute
Chinas Joint
Development Offer
This precondition means
up its maritime entitlements
guaranteed under UNCLOS
the Philippines will
sovereignty over all the
IslandGroup.
Acceptance of China
development is not allowed
Constitution.
No claimant state has
development offer.
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
s Joint
Development Offer
means the Philippines will give
entitlements in the WPS that are
UNCLOS; this also means that
give up its territorial
the islands in the Kalayaan
s precondition or joint
allowed by the Philippine
agreed to Chinas joint
The Rule of Law in the West Philippine Sea Dispute
Why the Philippines Filed
Arbitration Case
InNovember 2012, China
that Chinese surveillance
permanentlyinScarborough
Inshort, Chinahadinvaded
The Philippines had no
retakeScarboroughShoal
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
Why the Philippines Filed
Arbitration Case
ChinainformedthePhilippines
surveillance vessels would remain
ScarboroughShoal.
invaded Philippineterritory.
no capability to physically
Shoal.
The Rule of Law in the West Philippine Sea Dispute
The only effective response
make was to bring China
maritime aspect of the 9
is also the historical basis
claimto Scarborough Shoal,
the other islands, reefs and
theWPS.
Why the Philippines Filed
Arbitration Case
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
response the Philippines could
China to arbitration on the
9-dashed line claim, which
basis of Chinas territorial
Shoal, Mischief Reef and all
and rocks China claims in
Why the Philippines Filed
Arbitration Case
The Rule of Law in the West Philippine Sea Dispute
1744 Murillo Map
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
1744 Murillo Map
The Rule of Law in the West Philippine Sea Dispute
1744 Murillo Map Showing
Panacot (Scarborough)
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
1744 Murillo Map Showing
Panacot (Scarborough)
The Rule of Law in the West Philippine Sea Dispute
Ramifications of
Arbitration on UNCLOS
Chinas 9-dashed line
UNCLOS; upholdingone
If allowed to stand, China
means UNCLOS ceases
the South China Sea.
UNCLOSisat stake.
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
Ramifications of
Arbitration on UNCLOS
line cannot co-exist with
onemeanskillingtheother.
Chinas 9-dashed line claim
to be the law of the sea in
. The very survival of
The Rule of Law in the West Philippine Sea Dispute
Ramifications of
Arbitration on Philippines
Even if Chinas 9-dashed
China is not expected to
ScarboroughShoal.
ThePhilippinesmust wage
enlist world opinion in
people that the 9-dashed
international law, and that
Lawis theonly peaceful,
theWPSdispute.
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
Ramifications of
Arbitration on Philippines
dashed line claimis invalidated,
vacate Mischief Reef and
wageaworldwide campaign to
in convincing the Chinese
dashed line is contrary to
that adherence to the Rule of
peaceful, fair andlastingsolutionto
The Rule of Law in the West Philippine Sea Dispute
Protecting the nations maritime
generational duty of all Filipinos,
for alongstruggle.
The Philippines must build
self-defenseforce, particularly
toprotect itsmaritimezones
No nation can remain independent,
free for long without a credible
Ramifications of
Arbitration on Philippines
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
maritime zones is an inter-
Filipinos, who must prepare
build and maintain a credible
particularly strengthening its navy,
zones.
independent, sovereign and
credible self-defense force.
Ramifications of
Arbitration on Philippines
The Rule of Law in the West Philippine Sea Dispute
Rule of Law
Durable Solution
The use of force or threat
West Philippine Dispute
for futureconflicts.
Theonly fair, just and lasting
PhilippineDisputeis to
whichmeansthefaithful
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
Rule of Law the only
Durable Solution
threat of force to resolve the
Dispute will only plant the seeds
lasting solution to theWest
followtheRuleof Law -
faithful applicationof UNCLOS.
The Rule of Law in the West Philippine Sea Dispute
END
The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio
END