FILILIPINAS KOMIKS Vol. 1: Kung bakit gustong sakupin ng Tsina ang South China Sea

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Sam Rodriguez Galope

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Keynote Speech on the 50th Anniversary of the Vienna Convention on the Law of Treaties Department of Foreign Affairs 26 November 2019 Justice Antonio T. Carpio (Ret.) Acting Secretary Enrique Manalo, Undersecretary Eduardo Malaya, Atty. Igor Bailen, other officials and employees of the Department of Foreign Affairs, distinguished guests, friends, a pleasant afternoon to everyone. Thank you for inviting me here this afternoon to join you in celebrating the Golden Anniversary of the Vienna Convention on the Law of Treaties. As you know, the most important source of international law are treaties. Treaties regulate relations between and among states. Treaties constitute the law between and among treaty states. Treaties must be observed faithfully between and among treaty states as expressed in the maxim pacta sunt servanda. Harmonious relations between and among treaty states can be maintained only if states uniformly apply and interpret treaties that regulate their relations. Treaties cannot operate to regulate relations and conduct of states if treaty states have different interpretations of treaties to which they are parties. There can be no effective dispute settlement between and among treaty states without uniform and universally accepted rules of treaty interpretation.

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Follow the Rule of Law, But Aspire for the Rule of Justice Ateneo Law School Commencement Speech Ateneo de Manila University, July 14, 2019 Justice Antonio T. Carpio . "Is war really the only way of enforcing the arbitral Award? The answer is, of course, a resounding no. Waging war to enforce the arbitral Award is against the rule of law, both under domestic law and international law. Under the Constitution, the Philippines has renounced war as an instrument of national policy. Our Constitution prohibits the government from going to war to enforce the arbitral Award. Under the United Nations Charter, war has been outlawed as a means of settling disputes between states. . "Any war of aggression can even subject the leaders of the aggressor state to prosecution for a crime against humanity, even if the aggressor state is not a member of the Rome Statute, as when the act of aggression is referred to the International Criminal Court by the Security Council. In short, it is against the rule of law to go to war to enforce the arbitral Award. . "Is there a way to enforce the arbitral Award using the rule of law in the absence of an enforcement mechanism under UNCLOS? This, in essence, is the question that President Rodrigo Duterte publicly asked me last June 24, 2019. Let me quote the Philippine Star news report on that day: “Xi Jinping (said) there will be trouble. So answer me, Justice,” Duterte said, referring to Carpio, “give me the formula and I’ll do it.” . "In short, President Duterte asked me before the entire Filipino people - show me the formula to enforce the arbitral Award without going to war with China and I will do it. . "My response is yes, Mr. President, there is a formula – and not only one but many ways of enforcing the arbitral Award without going to war with China, using only the rule of law. Let me mention a few of these, and I hope the President will implement them as he had promised." . ~Justice Antonio T. Carpio

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The Second Quarter 2018 Social Weather Survey, conducted from June 27-30, 2018, found that four out of five adult Filipinos repudiate the government’s policy of doing nothing about China’s intrusion in the West Philippine Sea. The June 2018 survey asked, “Is [activity] RIGHT or NOT RIGHT for the Philippine government to do in resolving the conflict between the Philippines and China about the West Philippine Sea?” Five specific activities were tested. To this, 81% said it is not right to leave China alone with its infrastructures and military presence in the claimed territories [Chart 1]. At the same time, 80% said it is right for the government to strengthen the military capability of the Philippines, especially the Navy. Seventy-four percent said it is right for the government to bring the issue to international organizations, like the United Nations or Association of Southeast Asian Nations (ASEAN), for a diplomatic and peaceful negotiation with China about the claimed territories. Seventy-three percent said it is alright to have direct, bilateral negotiations between the Philippines and China to discuss the resolution of the issue of the claimed territories. Sixty-eight percent said the government should ask other countries to mediate the issue of the claimed territories.  81% say it is not right to do nothing about China’s intrusion in claimed territories  80% want the military, particularly the Navy, to be strengthened  74% want to bring the issue to international organizations for diplomatic negotiations  73% say it is alright for PH and China to have direct, bilateral negotiations  68% say the government should ask other countries to mediate  Net trust in China falls to “Bad” -35 https://www.sws.org.ph/swsmain/artcldisppage/?artcsyscode=ART-20180714202446&mc_cid=ed998182eb&mc_eid=6280559e78

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On 29 October 2011, Senior Associate Justice Antonio T. Carpio delivered a speech before the Ateneo de Davao University College of Law on its 50th Founding Anniversary. Entitled e Rule of Law as the Great Equalizer, the speech signaled the beginning of his advocacy to protect the maritime entitlements of the Philippines in the West Philippine Sea as conferred by international law. In that speech, Justice Carpio declared: This battle to defend our EEZ from China, the superpower in our region, is the 21st century equivalent of the battles that our forebears waged against Western and Eastern colonizers from the 16th to the 20th century. e best and the brightest of our forebears fought the Western and Eastern colonizers, and even sacri ced their lives, to make the Philippines free. In this modern- day battle, the best and the brightest legal warriors in our country today must stand up and fight to free the EEZ of the Philippines from foreign encroachment. In this historic battle to secure our EEZ, we must rely on the most powerful weapon invented by man in the settlement of disputes among states – a weapon that can immobilize armies, neutralize aircraft carriers, render irrelevant nuclear bombs, and level the battle eld between small nations and superpowers. That weapon – the great equalizer – is the Rule of Law. Under the Rule of Law, right prevails over might. This eBook is a collation of Justice Carpio’s lectures and speeches on the South China Sea dispute and the historic arbitral award rendered in favor of the Philippines. Totaling more than 140 lectures and speeches and spanning a period of more than five years, or from October 2011 to March 2017, these presentations were made in various fora, both in the Philippines and abroad. An earlier collation of his lectures and speeches was published in Antonio T. Carpio, Historical Facts, Historical Lies, and Historical Rights in the West Philippine Sea, 88 Phil. L.J. 389 (2014). is ebook is interactive — if you click on a map or photo, or on the underlined name of the source of a photo or illustration, it will bring you to its online source.

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The United Nations Charter outlaws the use or threat of force to settle disputes between states. In the West Philippine Sea dispute, an arbitral tribunal created under the United Nations Convention on the Law of the Sea (UNCLOS), to which China is a party, has already ruled with finality that the Reed Bank is within the Exclusive Economic Zone (EEZ) of the Philippines and only the Philippines can exploit the natural resources within Philippine EEZ. The threat of China to go to war against the Philippines if the Philippines extracts oil and gas in the Reed Bank, or in any area within Philippine EEZ in the West Philippine Sea, is a gross violation of the United Nations Charter, UNCLOS, and the Treaty of Amity and Cooperation in Southeast Asia to which China and the Philippines are parties. As a nation that under its Constitution has renounced war as an instrument of national policy, the Philippines’ recourse is to bring China’s threat of war to another UNCLOS arbitral tribunal, to secure an order directing China to comply with the ruling of the UNCLOS arbitral tribunal that declared the Reed Bank part of Philippine EEZ. The Philippines can also ask for damages for every day of delay that the Philippines is prevented by China from exploiting Philippine EEZ.

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