Source: Ateneo de Manila University
He may be the chair of the Supreme Court’s Second Division and Chair of the Senate Electoral Tribunal, but Justice Antonio Carpio has turned his attention to what he says has the most critical consequences for present and future generations of Filipinos: China’s ownership claims on almost the whole South China Sea.
Carpio, speaking at the Ateneo Professional Schools for Ateneo Law School’s Public International Lecture Series, stressed the gravity of the clash. He emphasized that settling the dispute must be a top priority.
Hon. Antonio Carpio lectures on the legalities of the South China Sea dispute.
“We must challenge them and if they do not accept, we must force the issue. That is the only time the world will know we are entitled to the maritime zones,” he said.
In his lecture, Carpio provided a background to the problem—China’s 9-dash line claim. This refers to the demarcation line used by the Chinese government to claim part of the South China Sea, including the Paracel Islands, the Spratly Islands and other areas. China’s claim, said Carpio, may divest the Philippines of 80 percent of its Exclusive Economic Zone (EEZ). An EEZ is a maritime zone defined by the United Nations Convention on the Law of the Sea (UNCLOS) that gives a state sovereign rights and management authority over the marine resources of the area.
China is basing its claims under the 9-dash line.
In January 2013, the Philippines filed an arbitration claim against China, appealing to the UNCLOS to safeguard the Philippines’ EEZ. Carpio debunked China’s claims by presenting ancient Chinese maps showing Hainan Island as China’s southernmost territory. Likewise, he showed ancient Philippine maps stating Scarborough Shoal (an area located in the eastern part of South China Sea) as part of the Philippines,
Jesuit priest Matteo Ricci created this map upon the request of the Chinese emperor in 1602.
Carpio said that there is a legal basis to the Philippines’ claim and that the country must pursue it. The issue at hand, he explained, is a maritime and not a territorial dispute. He also explained actual rulings made by the International Court of Justice pertaining to other maritime disputes.
Carta Hydrographica y Chronographica de las Yslas Filipinas is the oldest map that gives a name to Panacot Shoal, now known as Scarborough Shoal.
In the end, Carpio said that a ruling has to be made but it should be resolved in a forum where there is a level playing field, such as the UNCLOS.
“There has to be ruling by a competent international body. Then world opinion will support us because world opinion will support the rule of law,” he said.
A cartographic exhibit based on Carpio’s lecture will be on display at the Prado de Tavera Exhibit Hall, Special Collection Building of the Rizal Library, Ateneo de Manila University. Entitled “Historical Truths and Lies: Scarborough Shoal in Ancient Maps,” the exhibit will be held from February 5-28.
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