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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.
Remarks on the 50th Anniversary of the Vienna Convention on the Law of Treati...
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Sam Rodriguez Galope
Filipinas Komiks All Episodes
Filipinas Komiks All Episodes
Filipinas Komiks All Episodes
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FILILIPINAS KOMIKS Vol. 6: E Kung Guyerahin Tayo ng Tsina
FILILIPINAS KOMIKS Vol. 6: E Kung Guyerahin Tayo ng Tsina
FILILIPINAS KOMIKS Vol. 6: E Kung Guyerahin Tayo ng Tsina
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Filipinas Komiks Vol. 5: Mga Lumang Mapa
Filipinas Komiks Vol. 5: Mga Lumang Mapa
Filipinas Komiks Vol. 5: Mga Lumang Mapa
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Filipinas Komiks 3: Ang Alamat ng Nine Dashed Line
Filipinas Komiks 3: Ang Alamat ng Nine Dashed Line
Filipinas Komiks 3: Ang Alamat ng Nine Dashed Line
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FILILIPINAS KOMIKS Vol. 2: Expansionismo
FILIPINAS KOMIKS Vol. 2: Expansionismo
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Defending Our Sovereign Rights in the Grand Manner
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FILILIPINAS KOMIKS Vol. 1: Kung bakit gustong sakupin ng Tsina ang South China Sea
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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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FILILIPINAS KOMIKS Vol. 6: E Kung Guyerahin Tayo ng Tsina
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Filipinas Komiks Vol. 5: Mga Lumang Mapa
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Filipinas Komiks 3: Ang Alamat ng Nine Dashed Line
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FILILIPINAS KOMIKS Vol. 2: Expansionismo
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Defending Our Sovereign Rights in the Grand Manner
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FILILIPINAS KOMIKS Vol. 1: Kung bakit gustong sakupin ng Tsina ang South China Sea
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UMAC Lecture August 10, 2019
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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 importance of integrity -- Justice Antonio T. Carpio on the South China Sea and the Philippine Constitution
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Statement of Justice Antonio T. Carpio On the Ramming of F/B Gimver 1
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Commencement Speech June 9, 2019, San Beda College Alabang School of Law Justice Antonio T. Carpio
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Commencement Speech Asian Institute of Journalism and Communication June 7, 2019, Club Filipino, Quezon City Justice Antonio T. Carpio
A CALL FOR A SOUTH CHINA SEA TRUTH MOVEMENT
A CALL FOR A SOUTH CHINA SEA TRUTH MOVEMENT
Sam Rodriguez Galope
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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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.
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Ideas that Divide the Nation Address to the 2018 Graduates on Recognition Day National College of Public Administration & Governance University of the Philippines, 22 June 2018 Our nation today is facing radical proposals to change its historic identity, its grant of regional autonomy, and its foreign policy. Because these proposals are radical and divisive, they require the deepest examination from all sectors of our society - from lawyers, public administrators, historians, political experts, businessmen, scientists, farmers, NGOs, and all other sectors in our society. I call these proposals Ideas that Divide the Nation. We should be wary of new concepts imported from foreign shores and alien to our history as a people, which could Divide the Nation and even lead to the dismemberment of the Philippine state. Let me point out a few examples of these divisive ideas that have been introduced into our national discourse.
Ideas that Divide the Nation
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Sam Rodriguez Galope
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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Why China’s Acceptance of the Ruling Is Material Statement of Justice Antonio T. Carpio China is legally bound by the tribunal’s ruling, whether China likes it or not. That is the compulsory nature of international law. But China can decide to go rogue and refuse to accept and implement the ruling. This is what China has done – refusing to vacate Mischief Reef which the tribunal ruled is submerged at high-tide and forms part of the Philippine EEZ. The tribunal ruled that only the Philippines can exploit or erect a structure in Mischief Reef. In international law, where there is no world policeman to enforce a legally binding ruling, acceptance and implementation of the ruling by the losing State is obviously material. More so if the losing State is a military power, and the winning State is not.
Acceptance of Ruling is Material -- Statement of Justice Antonio T. Carpio
Acceptance of Ruling is Material -- Statement of Justice Antonio T. Carpio
Sam Rodriguez Galope
A pleasant afternoon to everyone. On behalf of this year’s alumni awardees, I wish to thank the Board of Directors of the University of the Philippines Alumni Association headed by its President, Atty. Ramon Maronilla, for this signal award conferred on us. I am sure I speak for the all of the awardees here tonight that we are truly honored and humbled by this recognition. We will certainly treasure this award. This year’s theme of the Alumni Homecoming is “Itanghal ang Dangal” - Show Honor. Honor is of course the first half of the U.P. Motto – “Honor and Excellence.” The emphasis on showing honor correctly points out that honor comes before excellence, that there must be honor above all, even as there must be excellence in all that we do.
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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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Nine-dashed Line Map Submitted by China to United Nations on 7 May 2009 China did not explain the legal basis for the dashes. The dashes had no fixed coordinates. “China has indisputable sovereignty over the islands in the South China Sea and the adjacent waters, and enjoys sovereign rights and jurisdiction over the relevant waters as well as the seabed and subsoil thereof.” - China’s Note Verbale of 7 May 2009 The Vietnam, Malaysia and Indonesia promptly protested China’s claim under this dashed lines map. The Philippines belatedly protested on 11 April 2011.
Final Arbitral Award: July 12, 2016
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China’s Creeping Expansion in the SCS from 1946 to 2016 Before World War II, China’s southernmost defense perimeter was Hainan Island. Before the war, China did not have a single soldier or sailor stationed in any SCS island outside of Hainan Island. In 1946, right after the war, China took over the Amphitrite Group of the Paracels and Itu Aba in the Spratlys following the defeat of the Japanese, moving China’s defense perimeter southward. China (Kuomintang) vacated Itu Aba in 1950 until 1956, when Taiwan occupied Itu Aba. In 1974, China forcibly dislodged the South Vietnamese from the Crescent Group of the Paracels. In 1987, China installed a weather radar station in Fiery Cross Reef. In 1988, China forcibly evicted Vietnam from Johnson South Reef, and seized Subi Reef from the Philippines, moving further south China’s defense perimeter in the Spratlys. In 1995, China seized Mischief Reef from the Philippines, just 125 NM from Palawan and 594 NM from Hainan. In 2012, China seized Scarborough Shoal from the Philippines, just 124 NM from Luzon. In 2013, China seized Luconia Shoals from Malaysia, just 54 NM from Sarawak’s coast. In 2014, China started island-building on rocks and submerged areas in the Spratlys to construct air and naval bases. 2. China’s grand design is to control the South China Sea for economic and military purposes. China wants all the fishery, oil, gas and mineral resources within the nine-dashed line. China already takes 50% of the annual fish catch in the South China Sea as more than 80% of its coastal waters are already polluted. China has the largest fishing fleet in the world, with 220,000 sea-going vessels and 2,640 long- distance ocean-going vessels. China’s fish consumption is the highest in the world considering China’s 1.4 billion population. China is the largest net importer of petroleum in the world. China wants the lion’s share of the oil and gas in the South China Sea. The Chinese estimate that the South China Sea holds 130 billion barrels of oil, and if this is correct, the South China Sea is as rich in oil as Kuwait or the United Arab Emirates. The South China Sea is also rich in methane hydrates - said to be one of the fuels of the future. China wants to secure all these methane hydrates for itself. China also wants the South China Sea as a sanctuary for its nuclear-armed submarines – free from surveillance by U.S. submarine-hunting Poseidon airplanes or U.S. nuclear attack submarines. China wants a second-strike nuclear capability, joining the ranks of the U.S. and Russia. China’s Grand Design in the South China Sea
Implications of Chinese Activities in the South China Sea and Benham Rise
Implications of Chinese Activities in the South China Sea and Benham Rise
Sam Rodriguez Galope
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.
UPDATED 05/08/2017: The South China Sea Dispute: Philippine Sovereign Rights ...
UPDATED 05/08/2017: The South China Sea Dispute: Philippine Sovereign Rights ...
Sam Rodriguez Galope
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.
The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in ...
The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in ...
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THE PRIMER is an initiative of independent researchers. The facts and analyses presented herein represent the authors’ own appreciation of published material and primary sources that were accessible to them during the course of the research. They do not represent any position of the government of the Republic of the Philippines, unless stated otherwise, nor of the publisher. The purpose of this Primer is to make available in a single updated volume a simplified and objective rendering of the historical background, current conditions, pertinent issues and policy questions regarding the territorial and maritime disputes in the West Philippine Sea. It is intended to assist students, researchers, media practitioners, non-specialist members of the civil service, as well as the general public, in deepening their understanding of the many different issues of the West Philippine Sea disputes. The questions and answers are framed from a Filipino perspective that focuses on information that the authors considered to be most important and of interest to citizens of this country, rather than information that may be highlighted by various foreign authors, organizations or governments. The contents are not intended as advocacy of any particular position or policy recommendation. The authors would like to thank Lucio B. Pitlo III for his invaluable research assistance in the preparation of this Primer. For inquiries and comments, please contact the Asian Center, University of the Philippines Diliman. Aileen S.P. Baviera, PhD Jay Batongbacal, JSD UNIVERSITY OF THE PHILIPPINES
West Philippine Sea Primer (15 July 2013)
West Philippine Sea Primer (15 July 2013)
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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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Second Quarter 2018 Social Weather Survey: 4 out of 5 Pinoys repudiate govern...
Sam Rodriguez Galope
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.
Remarks on 2nd Anniversary of the Arbitral Ruling on South China Sea Dispute ...
Remarks on 2nd Anniversary of the Arbitral Ruling on South China Sea Dispute ...
Sam Rodriguez Galope
Ideas that Divide the Nation Address to the 2018 Graduates on Recognition Day National College of Public Administration & Governance University of the Philippines, 22 June 2018 Our nation today is facing radical proposals to change its historic identity, its grant of regional autonomy, and its foreign policy. Because these proposals are radical and divisive, they require the deepest examination from all sectors of our society - from lawyers, public administrators, historians, political experts, businessmen, scientists, farmers, NGOs, and all other sectors in our society. I call these proposals Ideas that Divide the Nation. We should be wary of new concepts imported from foreign shores and alien to our history as a people, which could Divide the Nation and even lead to the dismemberment of the Philippine state. Let me point out a few examples of these divisive ideas that have been introduced into our national discourse.
Ideas that Divide the Nation
Ideas that Divide the Nation
Sam Rodriguez Galope
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.
Japanese Translation: The South China Sea Dispute: Philippine Sovereign Right...
Japanese Translation: The South China Sea Dispute: Philippine Sovereign Right...
Sam Rodriguez Galope
Why China’s Acceptance of the Ruling Is Material Statement of Justice Antonio T. Carpio China is legally bound by the tribunal’s ruling, whether China likes it or not. That is the compulsory nature of international law. But China can decide to go rogue and refuse to accept and implement the ruling. This is what China has done – refusing to vacate Mischief Reef which the tribunal ruled is submerged at high-tide and forms part of the Philippine EEZ. The tribunal ruled that only the Philippines can exploit or erect a structure in Mischief Reef. In international law, where there is no world policeman to enforce a legally binding ruling, acceptance and implementation of the ruling by the losing State is obviously material. More so if the losing State is a military power, and the winning State is not.
Acceptance of Ruling is Material -- Statement of Justice Antonio T. Carpio
Acceptance of Ruling is Material -- Statement of Justice Antonio T. Carpio
Sam Rodriguez Galope
A pleasant afternoon to everyone. On behalf of this year’s alumni awardees, I wish to thank the Board of Directors of the University of the Philippines Alumni Association headed by its President, Atty. Ramon Maronilla, for this signal award conferred on us. I am sure I speak for the all of the awardees here tonight that we are truly honored and humbled by this recognition. We will certainly treasure this award. This year’s theme of the Alumni Homecoming is “Itanghal ang Dangal” - Show Honor. Honor is of course the first half of the U.P. Motto – “Honor and Excellence.” The emphasis on showing honor correctly points out that honor comes before excellence, that there must be honor above all, even as there must be excellence in all that we do.
Remarks before the 2017 U.P. Alumni Homecoming Never Give Up Honor, Soverei...
Remarks before the 2017 U.P. Alumni Homecoming Never Give Up Honor, Soverei...
Sam Rodriguez Galope
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.
STATEMENT OF JUSTICE ANTONIO T. CARPIO ON CHINA’S THREAT TO GO TO WAR WITH TH...
STATEMENT OF JUSTICE ANTONIO T. CARPIO ON CHINA’S THREAT TO GO TO WAR WITH TH...
Sam Rodriguez Galope
Nine-dashed Line Map Submitted by China to United Nations on 7 May 2009 China did not explain the legal basis for the dashes. The dashes had no fixed coordinates. “China has indisputable sovereignty over the islands in the South China Sea and the adjacent waters, and enjoys sovereign rights and jurisdiction over the relevant waters as well as the seabed and subsoil thereof.” - China’s Note Verbale of 7 May 2009 The Vietnam, Malaysia and Indonesia promptly protested China’s claim under this dashed lines map. The Philippines belatedly protested on 11 April 2011.
Final Arbitral Award: July 12, 2016
Final Arbitral Award: July 12, 2016
Sam Rodriguez Galope
China’s Creeping Expansion in the SCS from 1946 to 2016 Before World War II, China’s southernmost defense perimeter was Hainan Island. Before the war, China did not have a single soldier or sailor stationed in any SCS island outside of Hainan Island. In 1946, right after the war, China took over the Amphitrite Group of the Paracels and Itu Aba in the Spratlys following the defeat of the Japanese, moving China’s defense perimeter southward. China (Kuomintang) vacated Itu Aba in 1950 until 1956, when Taiwan occupied Itu Aba. In 1974, China forcibly dislodged the South Vietnamese from the Crescent Group of the Paracels. In 1987, China installed a weather radar station in Fiery Cross Reef. In 1988, China forcibly evicted Vietnam from Johnson South Reef, and seized Subi Reef from the Philippines, moving further south China’s defense perimeter in the Spratlys. In 1995, China seized Mischief Reef from the Philippines, just 125 NM from Palawan and 594 NM from Hainan. In 2012, China seized Scarborough Shoal from the Philippines, just 124 NM from Luzon. In 2013, China seized Luconia Shoals from Malaysia, just 54 NM from Sarawak’s coast. In 2014, China started island-building on rocks and submerged areas in the Spratlys to construct air and naval bases. 2. China’s grand design is to control the South China Sea for economic and military purposes. China wants all the fishery, oil, gas and mineral resources within the nine-dashed line. China already takes 50% of the annual fish catch in the South China Sea as more than 80% of its coastal waters are already polluted. China has the largest fishing fleet in the world, with 220,000 sea-going vessels and 2,640 long- distance ocean-going vessels. China’s fish consumption is the highest in the world considering China’s 1.4 billion population. China is the largest net importer of petroleum in the world. China wants the lion’s share of the oil and gas in the South China Sea. The Chinese estimate that the South China Sea holds 130 billion barrels of oil, and if this is correct, the South China Sea is as rich in oil as Kuwait or the United Arab Emirates. The South China Sea is also rich in methane hydrates - said to be one of the fuels of the future. China wants to secure all these methane hydrates for itself. China also wants the South China Sea as a sanctuary for its nuclear-armed submarines – free from surveillance by U.S. submarine-hunting Poseidon airplanes or U.S. nuclear attack submarines. China wants a second-strike nuclear capability, joining the ranks of the U.S. and Russia. China’s Grand Design in the South China Sea
Implications of Chinese Activities in the South China Sea and Benham Rise
Implications of Chinese Activities in the South China Sea and Benham Rise
Sam Rodriguez Galope
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.
UPDATED 05/08/2017: The South China Sea Dispute: Philippine Sovereign Rights ...
UPDATED 05/08/2017: The South China Sea Dispute: Philippine Sovereign Rights ...
Sam Rodriguez Galope
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.
The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in ...
The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in ...
Sam Rodriguez Galope
THE PRIMER is an initiative of independent researchers. The facts and analyses presented herein represent the authors’ own appreciation of published material and primary sources that were accessible to them during the course of the research. They do not represent any position of the government of the Republic of the Philippines, unless stated otherwise, nor of the publisher. The purpose of this Primer is to make available in a single updated volume a simplified and objective rendering of the historical background, current conditions, pertinent issues and policy questions regarding the territorial and maritime disputes in the West Philippine Sea. It is intended to assist students, researchers, media practitioners, non-specialist members of the civil service, as well as the general public, in deepening their understanding of the many different issues of the West Philippine Sea disputes. The questions and answers are framed from a Filipino perspective that focuses on information that the authors considered to be most important and of interest to citizens of this country, rather than information that may be highlighted by various foreign authors, organizations or governments. The contents are not intended as advocacy of any particular position or policy recommendation. The authors would like to thank Lucio B. Pitlo III for his invaluable research assistance in the preparation of this Primer. For inquiries and comments, please contact the Asian Center, University of the Philippines Diliman. Aileen S.P. Baviera, PhD Jay Batongbacal, JSD UNIVERSITY OF THE PHILIPPINES
West Philippine Sea Primer (15 July 2013)
West Philippine Sea Primer (15 July 2013)
Sam Rodriguez Galope
Ateneo de Davao Law South China Sea Arbitral Ruling
Ateneo de Davao Law South China Sea Arbitral Ruling
Ateneo de Davao Law South China Sea Arbitral Ruling
Sam Rodriguez Galope
Dentists' Forum: South China Sea Arbitral Award
Dentists' Forum: South China Sea Arbitral Award
Dentists' Forum: South China Sea Arbitral Award
Sam Rodriguez Galope
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Japanese Translation: The South China Sea Dispute: Philippine Sovereign Right...
Japanese Translation: The South China Sea Dispute: Philippine Sovereign Right...
Acceptance of Ruling is Material -- Statement of Justice Antonio T. Carpio
Acceptance of Ruling is Material -- Statement of Justice Antonio T. Carpio
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Remarks before the 2017 U.P. Alumni Homecoming Never Give Up Honor, Soverei...
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STATEMENT OF JUSTICE ANTONIO T. CARPIO ON CHINA’S THREAT TO GO TO WAR WITH TH...
Final Arbitral Award: July 12, 2016
Final Arbitral Award: July 12, 2016
Implications of Chinese Activities in the South China Sea and Benham Rise
Implications of Chinese Activities in the South China Sea and Benham Rise
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UPDATED 05/08/2017: The South China Sea Dispute: Philippine Sovereign Rights ...
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West Philippine Sea Primer (15 July 2013)
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Ateneo de Davao Law South China Sea Arbitral Ruling
Dentists' Forum: South China Sea Arbitral Award
Dentists' Forum: South China Sea Arbitral Award
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