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Justice Carpio pessimistic on PH case vs China but…

MANILA, Philippines—The Philippines’ only recourse in the territorial dispute with China is to appeal to world opinion even if the country has already taken the issue to an arbitral tribunal under the United Nations Convention on the Law of the Sea (Unclos), a senior Associate Justice of the Supreme Court said. Senior Associate Justice Antonio […]

Beckman, The Philippines v. China Case and the South China Sea Disputes

On 22 January 2013, the Philippines officially notified China that it had instituted arbitral proceedings against China under Annex VII of the 1982 United Nations Convention on the Law of the Sea (UNCLOS). This paper will examine the role of UNCLOS and international law in the South China Sea disputes and will focus in particular […]

THE RULE OF LAW IN THE WEST PHILIPPINE SEA DISPUTE

By Hon. Justice Antonio T. Carpio [Note: The following is the Commencement Speech delivered by Justice Antonio T. Carpio on 18 May 2013 before the Graduating Class of the Graduate School of Law of the Pamantasan ng Lungsod ng Maynila.] As life-long students of the law, we ask: in the international sphere, is there a […]

Q&A: South China Sea dispute

Rival countries have wrangled over territory in the South China Sea for centuries – but a recent upsurge in tension has sparked concern that the area is becoming a flashpoint with global consequences. What is the argument about? It is a dispute over territory and sovereignty over ocean areas and the Paracels and the Spratlys […]

Migrant Workers and Overseas Filipinos Act of 1995

REPUBLIC ACT NO. 8042 An act to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers, their families and overseas Filipinos in distress, and for other purposes. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: […]

Domestic Shipping Development Act of 2004

AN ACT PROMOTING THE DEVELOPMENT OF PHILIPPINE DOMESTIC SHIPPING, SHIPBUILDING, SHIP REPAIR AND SHIP BREAKING, ORDAINING REFORMS IN GOVERNMENT POLICIES TOWARDS SHIPPING IN THE PHILIPPINES AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: CHAPTER I GENERAL PROVISIONS SECTION 1. Short Title. – This […]

The Salvage Law

SECTION 1. When in case of shipwreck, the vessel or its cargo shall be beyond the control of the crew, or shall have been abandoned by them, and picked up and conveyed to a safe place by other persons, the latter shall be entitled to a reward for the salvage. Those who, not being included […]

Civil Code – Common Carriers

SECTION 4 Common Carriers SUBSECTION 1. General Provisions Article 1732. Common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public. Article 1733. Common carriers, from the nature of their business and […]

Code of Commerce-Commercial Contracts for Transportation

TITLE VII – COMMERCIAL CONTRACTS FOR TRANSPORTATION ARTICLE 349.    A contract of transportation by land or water ways of any kind shall be considered commercial: 1.    When it has for its object merchandise or any article of commerce. 2.    When, whatever its object may be, the carrier is a merchant or is habitually engaged    […]