Source: BusinessWorld
THE INTERNATIONAL arbitration case filed by the Philippines against China could be an “acid test” to an international treaty on maritime boundaries, a Supreme Court justice said yesterday.
Senior Associate Justice Antonio T. Carpio said China’s nine-dash claim cannot coexist with the United Nations Convention on the Law of the Sea (UNCLOS).
“Upholding one means killing the other,” Mr. Carpio said in a speech before the Philippine Bar Association.
“If China’s nine-dash line claim is upheld or allowed to stand, UNCLOS will cease to be the law of the sea in the South China Sea,” he said.
“This will be the beginning of the end for the UNCLOS. The oceans and seas of the planet will be governed by the rule of the naval canon.”
China, which recently amended its maritime claim to a 10-dash line map — claims “indisputable sovereignty” which extends into the Philippines’ 200 nautical mile exclusive economic zone (EEZ).
Beijing’s claim, said Mr. Carpio, encroaches to 80% of the EEZ and up to 100% of the 150-nautical mile extended continental shelf (ECS) of the West Philippine Sea.
ONLY VIABLE OPTION
For the Philippines, haling the maritime claim to an international court leveled the playing field against China’s military might.
“It was a wise decision, but one borne out of necessity because it is actually the only viable option open to the Philippines,” Mr. Carpio said, citing the failure to develop a credible maritime defense force.
“There is simply no alternative to this. No nation can remain sovereign, independent and free for long without maintaining a credible self-defense force, even if international law and world opinion are on its side,” Mr. Carpio said.
The Philippines sought international arbitration on Jan. 22 before the International Tribunal on the Laws of the Sea.
The UNCLOS, which defined the rights and responsibilities of nations in the world’s oceans, came into force in 1994. -- Mikhail Franz E. Flores
No comments:
Post a Comment