SPECIAL ISSUES ON INTERNATIONAL LAW

JULIAN, DIANE JESICA B.

(Defending Philippine Sovereign Rights in the West Philippine Sea

by: Justice Antonio T. Carpio)

The issue regarding the ownership of the West Philippine Sea has been

existing for too long. Countries has been claiming rights and/or ownership over

the territory for plenty of reasons, such as the large deposits of oil in its

underwater, or that it is a perfect location for warfare and economics.

In a speech by Justice Carpio, he said that “China’s nine-dashed line

simply cannot co-exist with UNCLOS. Upholding one means killing the other,”

In this paper, it is eminent that he does not support China’s claim over the West

Philippine Sea by whatever means, which I also considered to be true. In fact,

the PCA or the Permanent Court of Arbitration which is the oldest international

conflict resolution organization in the world, decided in favor of the Philippines,

and declared China’s nine-dash lines and historical claims in the entire South

China Sea illegal. Moreover, it declared some features in the West Philippine Sea

falling within the Philippines’ maritime zone. Aside from this, the Philippines’

ownership of the West Philippine Sea can be corroborated by the 17th-century

maps, international treaties, and even Chinese records says so. Even first world

countries such as the United Kingdom, France, Germany, and the United States,

supports the Philippines in its conflict with China. Similarly, Asian countries like
Vietnam, Japan, and Australia also support the Philippines, pointing that the

rule of law should prevail over acts of war in resolving disputes. Majority of

the world’s countries, which are mostly members of the United Nations,

recognizes the Permanent Court of Arbitration’s decision. This recognition

emphasizes the Philippines’ sovereignty over the West Philippine Sea. Such

support ensures ascendancy for the Philippines over China, which risks losing

international prestige and influence if it persists in contradicting the member’s

recognition. Furthermore, this paper also presented numerous false claims by

China.

As a student of the law, I agree with Justice Carpio’s impression about

this dispute. Indeed, China’s claim is an insult not only to the international laws

and the United Nations, but most significantly, to our country, the Philippines. It

may bring deterioration on our economy, politics and international relations.

But how can a third world country, like the Philippines, can go against a country

which is extremely powerful and economically affluent?

This paper stated in its latter part about “What Should the Filipino People

Do Now?”, these proposals, if done accurately in concurrence with the rest of

the world, may have a positive impact to the Philippines and put pressure on

China. We need support from other countries to fight back against China,

however, even if those countries may want to help the Philippines, it still has to

protect its own citizens from and its international relationship with China. But

even so, Justice Carpio firmly concede to the Rule of Law as embodied in the
UNCLOS, that War is not an option, and has never been an option. It is

embodied all over the Constitution and our laws that the Philippines suppress

lawless violence and war.

Finally, I agree with eveything expressed in this paper. It is no doubt that

the West Philippine Sea belongs to the Philippines. The international law has

decided. Equipped with facts and with the right strategy, we will reclaim our

sovereignty over the West Philippine Sea!