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1) The document discusses the origins and principles of international law of the sea, established by Hugo Grotius in the 17th century, which state that the oceans and seas belong to all mankind.
2) It analyzes China's 9-dashed line claim over the South China Sea, which violates the Philippines' and other states' maritime entitlements under UNCLOS, including their rights to EEZs and fishing in international waters.
3) The Philippines filed an arbitration case against China's 9-dashed line claim at a UNCLOS tribunal in 2013 in response to China's invasion of Scarborough Shoal. The outcome of the case will have major ramifications for the rule of law in the South
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The Rule of Law in the West Philippine Sea Dispute by Justice Antonio Carpio
1) The document discusses the origins and principles of international law of the sea, established by Hugo Grotius in the 17th century, which state that the oceans and seas belong to all mankind.
2) It analyzes China's 9-dashed line claim over the South China Sea, which violates the Philippines' and other states' maritime entitlements under UNCLOS, including their rights to EEZs and fishing in international waters.
3) The Philippines filed an arbitration case against China's 9-dashed line claim at a UNCLOS tribunal in 2013 in response to China's invasion of Scarborough Shoal. The outcome of the case will have major ramifications for the rule of law in the South
1) The document discusses the origins and principles of international law of the sea, established by Hugo Grotius in the 17th century, which state that the oceans and seas belong to all mankind.
2) It analyzes China's 9-dashed line claim over the South China Sea, which violates the Philippines' and other states' maritime entitlements under UNCLOS, including their rights to EEZs and fishing in international waters.
3) The Philippines filed an arbitration case against China's 9-dashed line claim at a UNCLOS tribunal in 2013 in response to China's invasion of Scarborough Shoal. The outcome of the case will have major ramifications for the rule of law in the South
The Rule of Law in the West Philippine Sea Dispute
THE RULE OF LAW IN
THE WEST PHILIPPINE SEA DISPUTE Justice Antonio T. Carpio The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio THE RULE OF LAW IN THE WEST PHILIPPINE SEA DISPUTE Justice Antonio T. Carpio The Rule of Law in the West Philippine Sea Dispute Origins of Law of the Sea In the 17th Century, naval ownershipof oceans and enforcedtheir ownership In 1609, Hugo Grotius argued Liberum that the oceans mankind. Grotius idealater became Thefoundationof lawof andseasbelongtoall mankind The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio Origins of Law of the Sea naval superpowers claimed andseas they discovered, and ownershipthroughthenaval cannon. argued in his classic Mare oceans and seas belonged to all becamepart of international law. of theseais that theoceans mankind. The Rule of Law in the West Philippine Sea Dispute China Returns to 17th Century In the 21st Century, China almost the entire South right. China is enforcing its cannon. China is bringing back Century. The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio China Returns to 17th Century Era China claims ownership of South China Sea by historical claim through the naval back the world to the 17th The Rule of Law in the West Philippine Sea Dispute The West Philippine Sea Dispute Under its 9-dashed line asserts indisputable sovereignty EEZand100%of theECS WPS. The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio West Philippine Sea Dispute line historical claim, China sovereignty to 80% of the ECS of thePhilippinesinthe The Rule of Law in the West Philippine Sea Dispute The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio The Rule of Law in the West Philippine Sea Dispute Law Governing the WPS Dispute UNCLOS, which took effect WPSdispute. UNCLOS codifiedexisting lawandcreatednovel maritime The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio Law Governing the WPS Dispute effect in 1994, governs the existingcustomary international maritimeentitlements. The Rule of Law in the West Philippine Sea Dispute Law Governing the WPS Dispute UNCLOS provides for settlement mechanism maritimedisputes. UNCLOS governs only territorial sovereigntydisputes China, thePhilippines, and to the Spratlys have ratified boundtofollowUNCLOS The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio Law Governing the WPS Dispute for a compulsory dispute for the settlement of only maritime disputes, not disputes. andall other claimant states ratified UNCLOS, and are UNCLOSfaithfully. The Rule of Law in the West Philippine Sea Dispute Maritime Entitlements under UNCLOS UNCLOS guarantees every Philippines, a 200-NM whereapplicable. Coastal and landlocked highseas, whichisthearea The area beyond the ECS, belongs to all coastal and called the AREA which of mankind. The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio Maritime Entitlements under UNCLOS every coastal state, like the EEZ, plus a 150-NM ECS landlocked countries can fish in the areabeyondtheEEZ. ECS, with all its resources, and landlocked states; this is which is the common heritage The Rule of Law in the West Philippine Sea Dispute Violation of UNCLOS Legal Entitlements Chinas9-dashedlineclaim 1. ThePhilippines and other toa200-nmEEZand150-nm 2. Theright of all statestofish 3. The right of all states ECS. 4. The prohibition against highseastoitssovereignty. The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio Violation of UNCLOS Entitlements claimviolates: other states legal entitlement nmECS. fishinthehighseas. to the seabed beyond the against any state subjecting the sovereignty. The Rule of Law in the West Philippine Sea Dispute The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio The Rule of Law in the West Philippine Sea Dispute Chinas 9 Line Claim Chinaanchorsits9-dashed rights. The9-dashedlinesfirst appeared Government map; the provenance; the dashes reducedto9, andthenincreased The dashes have no explanation whether they theislandswithintheenclosed toall theenclosedwaters The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio s 9-Dashed Line Claim dashedlineclaimonhistorical appearedina1947Chinese the map is of dubious were originally 11, later increasedto10. no coordinates, and no they signify a claimonly to enclosedarea, or alsoaclaim waters. The Rule of Law in the West Philippine Sea Dispute James Shoal The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio James Shoal The Rule of Law in the West Philippine Sea Dispute From 11 to 9 to 10 Lines The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio From 11 to 9 to 10 Lines The Rule of Law in the West Philippine Sea Dispute Chinas 9 Line Claim Chineselegal scholars are or 10dashesmean. China officially notified the world of the 9 line claim only in 2009. China never enforced the 9 1947 up to the present. No country recognizes or acquiesces in to China 9-dashed line claim. The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio s 9-Dashed Line Claim aredividedas to what the9 China officially notified the world of the 9-dashed China never enforced the 9-dashed line claim from No country recognizes or acquiesces in to Chinas The Rule of Law in the West Philippine Sea Dispute The 9-dashed line claim principles and rules of international of historical rightstothe The 9-dashed line claim which does not recognize rights totheEEZor ECS There is nothing historical Chinas9-dashedlineclaim Chinas 9 Line Claim The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio claim is contrary to the international law on claims sea. claimis contrary to UNCLOS, recognize claims of historical ECSof another state. historical or right about claim. s 9-Dashed Line Claim The Rule of Law in the West Philippine Sea Dispute China is offering to jointly Philippines EEZ that lineclaim, whileshelving However, China requires, development, that the Philippines Chinas indisputable sovereignty dashedlineclaim. This precondition is inconsistent sovereigntyissue. Chinas Joint Development Offer The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio jointly develop areas in the overlap Chinas 9-dashed shelving the sovereignty issue. requires, as precondition to joint Philippines first recognize sovereignty under its 9- inconsistent with shelving the s Joint Development Offer The Rule of Law in the West Philippine Sea Dispute Chinas Joint Development Offer This precondition means up its maritime entitlements guaranteed under UNCLOS the Philippines will sovereignty over all the IslandGroup. Acceptance of China development is not allowed Constitution. No claimant state has development offer. The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio s Joint Development Offer means the Philippines will give entitlements in the WPS that are UNCLOS; this also means that give up its territorial the islands in the Kalayaan s precondition or joint allowed by the Philippine agreed to Chinas joint The Rule of Law in the West Philippine Sea Dispute Why the Philippines Filed Arbitration Case InNovember 2012, China that Chinese surveillance permanentlyinScarborough Inshort, Chinahadinvaded The Philippines had no retakeScarboroughShoal The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio Why the Philippines Filed Arbitration Case ChinainformedthePhilippines surveillance vessels would remain ScarboroughShoal. invaded Philippineterritory. no capability to physically Shoal. The Rule of Law in the West Philippine Sea Dispute The only effective response make was to bring China maritime aspect of the 9 is also the historical basis claimto Scarborough Shoal, the other islands, reefs and theWPS. Why the Philippines Filed Arbitration Case The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio response the Philippines could China to arbitration on the 9-dashed line claim, which basis of Chinas territorial Shoal, Mischief Reef and all and rocks China claims in Why the Philippines Filed Arbitration Case The Rule of Law in the West Philippine Sea Dispute 1744 Murillo Map The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio 1744 Murillo Map The Rule of Law in the West Philippine Sea Dispute 1744 Murillo Map Showing Panacot (Scarborough) The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio 1744 Murillo Map Showing Panacot (Scarborough) The Rule of Law in the West Philippine Sea Dispute Ramifications of Arbitration on UNCLOS Chinas 9-dashed line UNCLOS; upholdingone If allowed to stand, China means UNCLOS ceases the South China Sea. UNCLOSisat stake. The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio Ramifications of Arbitration on UNCLOS line cannot co-exist with onemeanskillingtheother. Chinas 9-dashed line claim to be the law of the sea in . The very survival of The Rule of Law in the West Philippine Sea Dispute Ramifications of Arbitration on Philippines Even if Chinas 9-dashed China is not expected to ScarboroughShoal. ThePhilippinesmust wage enlist world opinion in people that the 9-dashed international law, and that Lawis theonly peaceful, theWPSdispute. The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio Ramifications of Arbitration on Philippines dashed line claimis invalidated, vacate Mischief Reef and wageaworldwide campaign to in convincing the Chinese dashed line is contrary to that adherence to the Rule of peaceful, fair andlastingsolutionto The Rule of Law in the West Philippine Sea Dispute Protecting the nations maritime generational duty of all Filipinos, for alongstruggle. The Philippines must build self-defenseforce, particularly toprotect itsmaritimezones No nation can remain independent, free for long without a credible Ramifications of Arbitration on Philippines The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio maritime zones is an inter- Filipinos, who must prepare build and maintain a credible particularly strengthening its navy, zones. independent, sovereign and credible self-defense force. Ramifications of Arbitration on Philippines The Rule of Law in the West Philippine Sea Dispute Rule of Law Durable Solution The use of force or threat West Philippine Dispute for futureconflicts. Theonly fair, just and lasting PhilippineDisputeis to whichmeansthefaithful The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio Rule of Law the only Durable Solution threat of force to resolve the Dispute will only plant the seeds lasting solution to theWest followtheRuleof Law - faithful applicationof UNCLOS. The Rule of Law in the West Philippine Sea Dispute END The Rule of Law in the West Philippine Sea Disputeby Justice Antionio T. Carpio END