Tag: Antonio Carpio

Carpio says Duterte’s statement on passage of foreign ships violates UNCLOS

Published by Ellen on August 22, 2019

Chinese ships passing through Philippine waters first week of August 2019. Photo by The Armed Forces of the Philippines Western Mindanao Command.

Following reports by the military two weeks ago about five Chinese warships passing through Philippine waters, President Duterte last Tuesday issued a statement requiring all foreign vessels to notify Philippine authorities and to get clearance ahead of their passage.

Presidential Spokesman Salvador Panelo’s statement:

“To avoid misunderstanding in the future, the President is putting on notice that beginning today, all foreign vessels passing our territorial waters must notify and get clearance from the proper government authority well in advance of the actual passage. Either we get a compliance in a friendly manner or we enforce it in an unfriendly manner.”

This is another example of Duterte’s idiotic way of handling foreign relations especially concerning the conflict with China in the West Philippine Sea.

Carpio warns of 4 ideas that will cause lasting harm on the Filipino nation

Published by Ellen on June 24, 2018

Anyone who decides to decline a nomination to be the Supreme Court Chief Justice, the fifth highest government position in the country, is worthy of our highest respect and admiration.

When he speaks, we listen.

Acting Chief Justice Antonio Carpio, who said last week that he would decline a nomination to be the Chief Justice to replace the ousted Maria Lourdes Sereno because he voted against the quo warranto petition that was used to remove her, spoke before the graduates of the University of the Philippines National College of Public Administration and Governance last Friday.

Carpio warned about four ideas being pushed and spread to the Filipino people that are” radical and divisive” which “could Divide the Nation and even lead to the dismemberment of the Philippine state.”

Justice Carpio tells Duterte to bring to UN Xi’s threat to go to war

Published by Ellen on May 20, 2017

Senior Associate Justice Antonio T. Carpio said today the Philippines can to bring to the United Nations the matter of China’s President Xi Jinping threatening President Duterte that China would wage war if the Philippines starts drilling oil in disputed areas in the South China Sea.

In a statement, Carpio said: “The threat of China to go to war against the Philippines if the Philippines extracts oil and gas in the Reed Bank, or in any area within Philippine EEZ in the West Philippine Sea, is a gross violation of the United Nations Charter, UNCLOS, and the Treaty of Amity and Cooperation in Southeast Asia to which China and the Philippines are parties. As a nation that under its Constitution has renounced war as an instrument of national policy, the Philippines’ recourse is to bring China’s threat of war to another UNCLOS arbitral tribunal, to secure an order directing China to comply with the ruling of the UNCLOS arbitral tribunal that declared the Reed Bank part of Philippine EEZ. The Philippines can also ask for damages for every day of delay that the Philippines is prevented by China from exploiting Philippine EEZ. “

Justice Carpio wants to speak to the Chinese people through his eBook

Published by Ellen on May 7, 2017

Justice Carpio's eBook — Justice Carpio’s eBook

Senior Associate Justice Antonio Carpio’s hope springs eternal.

At the launch of his eBook, “The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in the West Philippine Sea,” Carpio said the reason why it will soon have a Mandarin version is because, he wants to reach out to the Chinese people to convince them that the nine-dashed line that puts 80 percent of the vast South China Sea under China’s jurisdiction has no legal or historical basis.

“I believe that, like all other peoples of the world, the Chinese people are inherently good, but their government has drilled into their minds that they owned the South Chinese Sea since 2,000 years ago. This is, of course, utterly false and the world will never accept this. Once the Chinese people realize the falsity of the nine-dashed line, they themselves will be too ashamed to press the nine-dashed line claim before the world. That will be the time when the Chinese government can comply with the ruling of the arbitral tribunal,” Carpio said.

Why an eBook and not a physical book?

Justice Carpio’s E-book on South China Sea dispute

Published by Ellen on May 1, 2017

The political winds have indeed shifted.

On the same day that the China-friendly statement of this year’s chairman of the Association of Southeast Asian Nations, President Rodrigo Duterte, was released to media, Philippine and Chinese flags were seen raised on a Chinese warship, Chang Chun (DDG 150) that docked in Davao city pier.

This would have been unthinkable in the past administration.

These developments may cause some to be confused on the issues on South China Sea where we are contesting the almost all-encompassing claim of China. Vietnam, Malaysia, Brunei and Taiwan have also overlapping claims with China in the area.

When silence means consent

Published by Ellen on March 24, 2017

March 22 presscon of China's Foreign Ministry Spokesperson Hua Chunying. — March 22 presscon of China’s Foreign Ministry Spokesperson Hua Chunying.

China has denied that they are building an environmental monitoring station in Scarborough Shoal which they call “Huangyan Dao” as reported by Reuters last week based on a news report in the Chinese language newspaper Hainan Daily.

The reply of China’s Foreign Ministry Spokesperson Hua Chunying to the question about the Department of Foreign Affairs’ inquiry on the reported monitoring station in Scarborough Shoal , also known as Panatag Shoal and Bajo de Masinloc, was categorical:” There is no such a thing.”

She said, “We have checked with relevant authorities that the recent reports about building an environmental monitoring station on Huangyan Dao are false.”

Binay warned on joint development with China in Spratlys

Published by Ellen on April 30, 2015

While in Jakarta last week representing President Aquino in the 60th anniversary of the Asia-Africa Conference, Vice President Jejomar Binay articulated what could be a foreign policy shift for the country if he succeeds in his ambition to become president.

“China has all the capital and we have the property so why don’t we try and develop that property as a joint venture?”he said.

This is not actually new. Binay disclosed this in an interview with Manila Times’ Efren Danao last year.
Amid concerns expressed by President Aquino and Foreign Secretary Albert del Rosario over massive reclamations being done by China around their occupied reefs in the disputed Spratlys in South China Sea, Binay further said: “Personally, my feeling is we will continue to insist (on) our sovereignty over those properties but at the same time we hope we can create a situation where we can improve bilateral relations with China.”

Senior Associate Justice Antonio Carpio, who has been conducting a series of lectures on the South China Sea dispute, said in his lecture last April 27 with judges and justices that joint development of the Spratlys with China is not possible without violating the Constitution.

No Asean-China COC until China completes Spratlys military bases

Published by Ellen on April 26, 2015

The standard press statement of Malacañang and foreign affairs officials prior to the President’s attendance in the annual summit of the Association of Southeast Asian Nations is for the Philippines to push for the adoption of the Code of Conduct in the South China Sea.

President Aquino did that a week before he took off for Malaysia for the 26th Asean summit. He said, “It’s imperative to push for the formulation of the Code of Conduct” especially now that “even the DOC seems to have been violated.”

The violations of the 2002 Declaration of the Code of Conduct in the South China Sea that Aquino was referring to are the massive reclamations and construction of military facilities in the seven reefs that China occupies in the disputed waters of the South China Sea.

Justice Carpio explains Itu Aba issue in the PH suit vs China

Published by Ellen on February 8, 2015

Last year, Itu Aba (also known as Taiping or Ligaw), the biggest feature in the Spratly group of islands being disputed by the Philippines, China, Vietnam, Malaysia, Brunei and Taiwan, figured in a controversy involving the appointment of the Solicitor General Francis Jardeleza to the Supreme Court.

Supreme Court Justice Lourdes Sereno opposed the appointment of Jardeleza to the High Court accusing him of treason when he omitted Itu Aba in the Memorial or memorandum filed before the United Nations Arbitral Tribunal in connection with the case filed by the Philippine questioning the legality of China’s nine-dashed line map which overreaches into the territory of the Philippines, Vietnam, Malaysia, Indonesia and Brunei.

Itu Aba is occupied by Taiwan, once part of China but now considers itself a sovereign state as Republic of China. The Philippines adopts a One-China policy which considers Taiwan a province of China.

Justice Carpio: China’s 9-dashed line- grand theft of Global Commons

Published by Ellen on September 7, 2014

China’s 9-dashed line map, which was recently expanded to 10 dashes, goes against the “concept of global commons” which was the foundation of the 1982 United Nations Convention of the Law of the Sea, Senior Associate Justice Antonio Carpio said in a speech delivered on the 75th Anniversary of the College of Law of the University of San Agustin in Iloilo City last Aug. 30.

Thus,Carpio said, China fisheries laws particularly giving Hainan, China southernmost province, exclusive jurisdiction over the waters in the South China Sea as well as on the fishery resources of Macclesfield Bank is “a grand theft of the global commons in the South China Sea.”

Hainan claims to administer all the waters enclosed by the dashes from 1 to the heavy red line intersecting the dashes between 8 and 9. The enclosed waters comprise two million square kilometers. China claims a total of three million square kilometers of maritime space, and all the resources found there, out of the 3.5 million square kilometers of maritime space in the South China Sea.