Today marks the 4th anniversary of the rendering of the unanimous award in the South China Sea Arbitration case in favor of the Philippines issued by the Tribunal constituted under Annex VII to the United Nations Convention on the Law of the Seas (UNCLOS). The arbitration case initiated and overwhelmingly won by the Republic of […]
Fr. Jose Ramon T. Villarin, SJ, President of the Ateneo de Manila University, Dean Jose Maria Hofilena of the Ateneo Law School, Members of the Faculty and Administrative officials of the Ateneo Law School, the Graduating Class of 2019, parents, families and loved ones of the graduates, distinguished guests, friends, a pleasant afternoon to everyone. […]
The importance of integrity — Justice Antonio T. Carpio on the South China Sea and the Philippine Constitution The Importance of Integrity Recognition Day Speech College of Social Sciences and Philosophy University of the Philippines 29 June 2019, Diliman, Quezon City Justice Antonio T. Carpio Chancellor Michael L. Tan, Dean Maria Bernadette L. Abrera, Members […]
1. China’s maritime militia vessels have reinforced steel hulls purposely for ramming fishing vessels of other coastal states. No other coastal state has fishing vessels purposely designed for ramming other fishing vessels. Captains of ordinary Chinese fishing vessels do not engage in ramming for fear of inflicting damage to their own vessels. It is thus […]
Commencement Speech June 9, 2019, San Beda College Alabang School of Law Justice Antonio T. Carpio
Commencement Speech Asian Institute of Journalism and Communication June 7, 2019, Club Filipino, Quezon City Justice Antonio T. Carpio
The July 12, 2016 Award of the Arbitral Tribunal was a landmark ruling for three reasons. First, the Arbitral Tribunal ruled that China’s so-called historic nine-dashed line cannot serve as legal basis to claim any part of the waters or resources of the South China Sea. China, like all other coastal states in the South China Sea, cannot claim maritime zones beyond what UNCLOS allows, that is, not exceeding 350 NM from the coastline. The result is that about 25 percent of the South China Sea are high seas, and all around the high seas are the exclusive economic zones of the adjacent coastal states. Of course, in the high seas and exclusive economic zones there is freedom of navigation and freedom of overflight as recognized under customary international law and UNCLOS.
Among coastal states in the South China Sea, the most important aspect of the Award is the ruling that China’s so-called historic nine-dashed line cannot serve as legal basis to claim any part of the waters or resources of the South China Sea. China, like all the other coastal states in the South China Sea, can only claim maritime zones not exceeding 350-NM from its coastline. The Award in effect affirmed the existence of high seas in the South China, comprising about 25 percent of the waters of the South China Sea, and all around these high seas are the EEZs of the adjacent coastal states. In the EEZs, all the fish, oil, gas and other mineral resources can be exploited solely, and exclusively, only by the adjacent coastal state.