Supreme
Court Justice Antonio Carpio said the Arbitration Tribunal “ignored” China’s
nine-dash line in its latest decision to take jurisdiction of the case. Photo
by Marc Jayson Cayabyab, INQUIRER.net
In a forum on the maritime dispute on the West Philippine Sea Thursday night, Carpio was asked about the willingness of 2016 presidential aspirants Jejomar Binay and Grace Poe to reopen negotiations with China.
Carpio said there is nothing wrong with “amicable settlements” while there is an ongoing case but to withdraw it would be “catastrophic.”
“It’s normal for the parties to be talking even while there is a case. Amicable settlement is always encouraged,” Carpio said in the forum attended by veteran journalists, historians, and seasoned lawyers.
“But if the next president withdraws the case because we’re willing to talk with China, that would be catastrophic,” he added.
Carpio also thumbed down a possible settlement to just split the West Philippine Sea into two between the Philippines and China. China is claiming almost the entire West Philippine Sea by virtue of a nine-dash line.
He said to do so would be unconstitutional and would result to the president’s impeachment.
Carpio also said the Tribunal practically ignored China’s nine-dash line in its latest ruling recognizing jurisdiction on the West Philippine Sea (South China Sea) dispute.
Carpio said the fact that the Tribunal chose to ignore China’s dash line, its most prominent evidence to show its historic right over the waters, gives a “peek” of its final decision on the dispute.
“The nine dash line was totally ignored by the Tribunal… That is an indication of how they will rule. The nine dash line will have no meaning at all,” Carpio said.
“I was just trying to give you the mind of the Tribunal; they don’t really consider dash line as material in determining exclusive economic zone,” Carpio said.
The Philippines scored a victory at the International Arbitral Tribunal after the panel unanimously decided that it has jurisdiction over the maritime dispute between China and the Philippines involving parts of the South China Sea (West Philippine Sea).
The decision means that the Tribunal, convened under the provisions of the United Nations Convention on the Law of the Sea (UNCLOS), will hold further hearings to settle the increasingly contentious dispute.
A nine-page press release issued by the Permanent Court of Arbitration “on behalf of the Arbitral Tribunal in the Philippines v. China arbitration” clarified that the dispute was not about sovereignty, as China has claimed.
“This arbitration concerns the role of ‘historic rights’ and the source of maritime entitlements in the South China Sea, the status of certain maritime features in the South China Sea and the maritime entitlements they are capable of generating, and the lawfulness of certain actions by China in the South China Sea that are alleged by the Philippines to violate the Convention,” it said.
The panel concluded that it had jurisdiction over the case.
“The Tribunal’s Award of today’s date is unanimous and concerns only whether the Tribunal has jurisdiction to consider the Philippines’ claims and whether such claims are admissible. The Award does not decide any aspect of the merits of the Parties’ dispute. In its Award, the Tribunal has held that both the Philippines and China are parties to the Convention and bound by its provisions on the settlement of disputes. The Tribunal has also held that China’s decision not to participate in these proceedings does not deprive the Tribunal of jurisdiction and that the Philippines’ decision to commence arbitration unilaterally was not an abuse of the Convention’s dispute settlement procedures,” the panel said.
The tribunal expects to “render its Award on the merits and remaining jurisdictional issues in 2016.”
Credit Resource: Inquirer
http://newsinfo.inquirer.net/737293/carpio-tells-next-president-withdrawing-territorial-dispute-case-catastrophic
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