2-11-2023 (MANILA) Former Supreme Court senior associate justice, Antonio Carpio, has called on the Philippine government to challenge China to submit its territorial dispute over Panatag (Scarborough) Shoal to international arbitration. This move could potentially resolve the longstanding sovereignty disagreement between the two nations.
China had accused the Philippines of illegally entering waters near Panatag Shoal, also known as Bajo de Masinloc, which falls within the Philippines’ 200-nautical-mile exclusive economic zone (EEZ).
Carpio stated, “We have to challenge China to submit the dispute to arbitration because that’s the only solution. Let the arbitral tribunal decide who has sovereignty over Scarborough Shoal.”
He emphasized that bringing the dispute to arbitration, especially before the United Nations’ International Court of Justice (ICJ), should be a voluntary choice. Carpio suggested that the Department of Foreign Affairs could officially challenge China to submit the case to the ICJ. If China refuses, it could signal a lack of confidence in their claim.
“If China really believes that they own it, then they should be willing to submit it to arbitration, and we’ll tell the world we’re ready to arbitrate and let the ICJ decide the case, and we will abide by that decision,” Carpio added.
Carpio clarified that the 2016 arbitral award, which invalidated China’s nine-dash line claiming the entire South China Sea, primarily addressed the maritime dispute but could also be applied to territorial claims. He stressed the need to initiate a new case specifically addressing the territorial dispute.
In 2016, the Permanent Court of Arbitration in The Hague ruled in favor of the Philippines and rejected China’s “historic rights” claim over the entire South China Sea. However, China has consistently refused to acknowledge the arbitral decision in favor of the Philippines.
Carpio expressed confidence that the Philippines would also win the case if it were to be brought before the ICJ.
Meanwhile, Solicitor General Menardo Guevarra pointed out that a territorial dispute is distinct from a dispute over maritime rights in the EEZ, as covered by the 2016 arbitral award. Guevarra stated that they are currently assessing the inclusion of a territorial dispute in their ongoing examination of legal options concerning the West Philippine Sea.
The Philippine government is also planning to file an environmental case against China for damages to natural and marine resources in the West Philippine Sea. Justice Secretary Jesus Crispin Remulla mentioned that they aim to file the case by early 2024.
