J. Brion Separate Dissenting, SET case 001-15 - David v Poe-Llamanzares
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J. carpio dissenting - set case 001-15 -david v poe-lamanzares
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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.FILILIPINAS KOMIKS Vol. 6: E Kung Guyerahin Tayo ng Tsina
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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."
.
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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
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https://www.sws.org.ph/swsmain/artcldisppage/?artcsyscode=ART-20180714202446&mc_cid=ed998182eb&mc_eid=6280559e78Remarks 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
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.Ideas that Divide the Nation
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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.
Japanese Translation: The South China Sea Dispute: Philippine Sovereign Right...
Japanese Translation: The South China Sea Dispute: Philippine Sovereign Right...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.Acceptance of Ruling is Material -- Statement of Justice Antonio T. Carpio
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.
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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."
.
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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
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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.Ideas that Divide the Nation
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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.
Japanese Translation: The South China Sea Dispute: Philippine Sovereign Right...
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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.Acceptance of Ruling is Material -- Statement of Justice Antonio T. Carpio
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.
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VAWA - Violence Against Women Act
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留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
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→ 【关于价格问题（保证一手价格）】
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