Carpio urges Philippines to file fresh case vs China on territorial dispute | ABS-CBN
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Carpio urges Philippines to file fresh case vs China on territorial dispute
Carpio urges Philippines to file fresh case vs China on territorial dispute
ABS-CBN News
Published Nov 01, 2023 11:59 AM PHT
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MANILA — Former Supreme Court Senior Associate Justice Antonio Carpio on Wednesday urged the Philippine government to file a fresh case against China over the West Philippine Sea.
MANILA — Former Supreme Court Senior Associate Justice Antonio Carpio on Wednesday urged the Philippine government to file a fresh case against China over the West Philippine Sea.
Carpio's suggestion came after Beijing accused Manila of illegally entering its waters near Bajo de Masinloc or Scarborough Shoal, which China calls Huangyan Island.
Carpio's suggestion came after Beijing accused Manila of illegally entering its waters near Bajo de Masinloc or Scarborough Shoal, which China calls Huangyan Island.
Philippine officials asserted that the area was within the country's exclusive economic zone.
Philippine officials asserted that the area was within the country's exclusive economic zone.
Territorial dispute a separate but related issue
Speaking on ANC, Carpio explained that the Philippines' 2016 arbitral win — which invalidated China's sweeping claim over almost the entire South China Sea, where the smaller West Philippine Sea is located — "was only talking of the maritime dispute" but added that the decision would also apply to territorial claims.
Speaking on ANC, Carpio explained that the Philippines' 2016 arbitral win — which invalidated China's sweeping claim over almost the entire South China Sea, where the smaller West Philippine Sea is located — "was only talking of the maritime dispute" but added that the decision would also apply to territorial claims.
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"[T]hese are two separate disputes governed by different laws. So we have to start a new case on the territorial dispute," he said.
"[T]hese are two separate disputes governed by different laws. So we have to start a new case on the territorial dispute," he said.
China did not participate in the case and continues to reject the 2016 ruling that other countries, including the United States, United Kingdom, Canada and Australia have recognized.
China did not participate in the case and continues to reject the 2016 ruling that other countries, including the United States, United Kingdom, Canada and Australia have recognized.
China has also preferred bilateral negotiations to resolve issues with claimant states, including the Philippines.
China has also preferred bilateral negotiations to resolve issues with claimant states, including the Philippines.
It has also said that countries from outside Southeast Asia should keep away from the issue.
It has also said that countries from outside Southeast Asia should keep away from the issue.
International Court of Justice
Carpio said the Department of Foreign Affairs could also make an official challenge to China to submit the case before the United Nations' International Court of Justice (ICJ), which settles territorial disputes.
Carpio said the Department of Foreign Affairs could also make an official challenge to China to submit the case before the United Nations' International Court of Justice (ICJ), which settles territorial disputes.
"Of course, the ICJ will ask China if it's willing to submit it to arbitration. So mapahiya sila (they will be embarassed). They will not show up because they know they will lose," the former justice said.
"Of course, the ICJ will ask China if it's willing to submit it to arbitration. So mapahiya sila (they will be embarassed). They will not show up because they know they will lose," the former justice said.
"We have been talking to China for the longest time over Scarborough Shoal in the Spratlys and we have not resolved it," he said.
"We have been talking to China for the longest time over Scarborough Shoal in the Spratlys and we have not resolved it," he said.
The decision of the ICJ on territorial disputes is final and unappealable, Carpio noted, expressing confidence that the Philippines "will win this time."
The decision of the ICJ on territorial disputes is final and unappealable, Carpio noted, expressing confidence that the Philippines "will win this time."
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