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Scarborough Shoal in Ancient Maps 164 Scarborough Shoal As Philippine Territory Under the Philippine-U.S

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Scarborough Shoal in Ancient Maps 164 Scarborough Shoal As Philippine Territory Under the Philippine-U.S The South China Sea Dispute: Philippine Sovereign Rights and Jurisdiction in the West Philippine Sea* Antonio T. Carpio * The term “West Philippine Sea” refers to the body of water consisting of the territorial sea, exclusive economic zone (EEZ) and extended continental shelf (ECS) of the Philippines. The West Philippine Sea is only a part of the larger sea — the South China Sea. Copyright 2017 Antonio T. Carpio About the Author Original graphics, eBook design, and layout by Ronnie C. dela Cruz ustice Antonio T. Carpio was sworn in as a member of the Philippine Supreme Court on 26 October 2001. He Jobtained his law degree from the College of Law of the University of the Philippines (U.P.) where he graduated valedictorian and cum laude in 1975. He earned his undergraduate degree in Economics from the Ateneo de Manila Published by University in 1970. Antonio T. Carpio Justice Carpio practiced law in the private sector from 1976 until 1992, when he was appointed Chief Presidential Legal Counsel in the Office of the President of the Philippines. He was a Professorial Lecturer at the U.P. College of Law from 1983 until 1992, and served as a member of the U.P. Board of Regents from 1993 to 1998. For his “distinguished and exemplary service” to the Republic of the Philippines, he received in 1998 the Presidential Medal The views expressed in this collation of lectures of Merit from then President Fidel V. Ramos. and speeches represent the personal opinion of the author and do not necessarily represent the Justice Carpio is the Chair of the Second Division of the Supreme Court and Chair of the Senate Electoral Tribunal. position of the Government of the Republic of the Philippines. eBook version 1.0 4 May 2017 Acknowledgments his eBook is a collation of over 140 lectures and speeches on the South China Sea dispute which I delivered in various fora in the Philippines and abroad. Upon the suggestion of Mr. Paul S. Reichler, the lead lawyer of the Philippines in the arbitration case against China, Philippine Foreign Affairs Secretary Albert del Rosario requested me to undertake a lecture tour in 2015 to explain to the world the South China Sea dispute. With the permission of the Supreme Court En Banc, I gladly embarked on the lecture tour. In the Tthirty cities in seventeen foreign countries that I visited, I spoke before the leading universities, think tanks, foreign ministries, and Filipino communities. This eBook would not have been possible without the dedicated work of my fellow advocates who strove to ensure that the rule of law would prevail in the resolution of the South China Sea dispute. Prof. Stephanie V. Gomez-Somera, who teaches at the U.P. College of Law, did an excellent job in painstakingly integrating and editing my various lectures and speeches into a coherent and unified presentation, as well as ensuring proper attributions and footnoting. Ms. Mary Elizabeth T. Dumdum, a graduate student in International Relations at the Ateneo de Manila University, made sure that this eBook complied with the copyright requirements on the use of online photos. Mr. Ronnie C. dela Cruz, my IT specialist, did the design and illustrations. Atty. Mildred Joy P. Que and Ms. Angelita C. Lauchengco, my chief judicial staff officer, coordinated my lectures in the Philippines and abroad. Attys. Nelda Ethel P. Torio, Eleanor S. Francisco-Anunciacion and Neil B. Nucup, who are lawyers in my office, fact-checked and proofread my lectures and this eBook. Atty. Maria Teresa B. Sibulo, my judicial staff head, made sure that my lectures did not affect my judicial work. I had discussions on the South China Sea dispute, before and after the filing of the arbitration case, with former National Security Adviser Roilo S. Golez, as well as Deputy Chief of Mission Gilberto G.B. Asuque and Consul General Henry S. Bensurto Jr., who are the resident experts of the Department of Foreign Affairs on the Law of the Sea. Former Assistant Secretary Anne Marie L. Corominas and Atty. Maximo Paulino T. Sison III, who were part of the team of Philippine lawyers assigned to the arbitration case, provided inputs for my lectures. A group who shared my advocacy and whom I call my UNCLOS group provided valuable insights on the South China Sea dispute. I would now and then meet this group over Chinese dinner, before and after the filing of the arbitration case, to discuss the South China Sea dispute. They are Dr. Diane A. Desierto, Dr. Jay L. Batongbacal, Dr. Aileen S.P. Bavierra, Prof. Stephanie V. Gomez-Somera, Prof. Alfredo B. Molo III, and Atty. Elma Christine R. Leogardo. Whenever Filipino Law of the Sea scholars Dr. Suzette V. Suarez and Dr. Lowell B. Bautista would visit Manila, I would invite them to join our dinners. In the countries that I visited, my lectures were successfully arranged by the following: Amb. Jose L. Cuisia, Jr., Philippine Embassy (PE) in Washington, D.C.; Consul General Henry S. Bensurto, Jr., Philippine Consulate (PC) in San Francisco; Consul General Mario Lopez De Leon, Jr., PC in New York; Consul Roberto T. Bernardo, PC in Honolulu; Consul General Neil Frank R. Ferrer, PC in Vancouver, Canada; Amb. Jaime Victor B. Ledda, PE in The Hague, Netherlands; Amb. Ma. Zenaida Angara-Collinson, PE in Vienna, Austria; Amb. Victoria S. Bataclan, PE in Brussels, Belgium; Amb. Ma. Theresa P. Lazaro; PE in Paris, France; Amb. Melita Sta. Maria-Thomeczek, PE in Berlin, Germany; Amb. Domingo P. Nolasco, PE in Rome, Italy; Amb. Carlos C. Salinas, PE in Madrid, Spain; Amb. Cecilia B. Rebong, PE in Geneva, Switzerland; Amb. Maria Teresita C. Daza, PE in New Delhi, India; Amb. Maria Lumen Isleta, PE in Jakarta, Indonesia; Amb. ii Manolo M. Lopez and Deputy Chief of Mission Gilberto G.B. Asuque, PE in Tokyo, Japan; Amb. Jose Eduardo E. Malaya, PE in Kuala Lumpur, Malaysia; Amb. Antonio A. Morales, PE in Singapore; Amb. Belen F. Anota, PE in Canberra, Australia, Consul General Anne Jalando-on Louis and Consul Marford M. Angeles, PC in Sydney, Australia; and Amb. Virginia H. Benavidez, PE in Wellington, New Zealand. In Manila, Undersecretary Evan P. Garcia of the Department of Foreign Affairs saw to it that my lecture tours proceeded smoothly. Gen. Jose T. Almonte, former National Security Adviser during the Ramos Administration, gave me a comprehensive overview of the geopolitics in the Asia-Pacific region. In the two decades since China seized Mischief Reef from the Philippines in 1995, Gen. Almonte has enlightened me, over monthly or bi-monthly dinners at his house, on the national security issues facing the Philippines from the time of the Vietnam War until the present and in the near future. In mid-2011, I asked Gen. Almonte which shoal or reef would China seize from the Philippines next. He immediately answered without any hesitation: Scarborough Shoal. I completely agreed with him for two reasons. First, Scarborough Shoal is essential for China to complete a triangle of airbases to impose an Air Defense Identification Zone (ADIZ) in the South China Sea. Second, an air and naval base in Scarborough Shoal will allow China to protect the Bashi Channel, which is China’s outlet to the Pacific for its nuclear-armed submarines. Such an air and naval base is a dagger pointed at Manila. My long-running conversations with Gen. Almonte made me decide to embark on an advocacy — to convince the Philippine Government to question the validity of China’s nine-dashed line before an UNCLOS tribunal. On 29 October 2011, I launched my advocacy with a speech entitled The Rule of Law as the Great Equalizer before the Ateneo de Davao University College of Law. Before the end of the following year 2012, China seized Scarborough Shoal from the Philippines — the act that finally convinced the Philippine Government to file the arbitration case against China. The Philippines could not have engaged a more brilliant group of foreign lawyers in the arbitration case. These well-known experts in international law have shown utmost dedication and loyalty to the cause of the Philippines. Their pleadings were exceptional, and their presentations during the oral arguments were outstanding. They are Messrs. Paul S. Reichler, Lawrence H. Martin and Andrew B. Loewenstein of Foley Hoag LLP, and Profs. Bernard H. Oxman, Philippe Sands and Alan Boyle. My wife Ruth, who hails from Vietnam, never wavered in encouraging me to undertake the grueling travel across continents, within a very tight schedule, for the sake of informing the world about the real issues on the South China Sea dispute. My daughter Audrey, one of the editors of a local magazine, did the final copyedit of this eBook. I am deeply indebted to all these wonderful people for their ideas and support that made possible my lectures and this eBook. Any error or omission in my lectures or in this eBook is mine alone. To inform and educate a wider audience about the South China Sea dispute, this eBook is downloadable for free at the website of the Institute for Maritime and Ocean Affairs (https://www. imoa.ph). Antonio T. Carpio iii Foreword ur country owes an incalculable debt of gratitude to Senior Associate Justice Antonio T. Carpio. He is a dedicated public servant, an eminent jurist, an outstanding scholar, and an ardent patriot in promoting and defending our nation’s rights as enshrined in the Law of the Sea. Through his Owritings and speeches, he has been our staunchest defender of our country’s position in the disputes over the South China Sea. For his remarkable efforts, including traveling around the world to inform, edify and persuade as many people as possible, we salute Justice Carpio.
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