• Joint exploration unconstitutional – Carpio

    4

    IT is illegal for the Philippines to enter into an agreement with China for joint exploration projects in the West Philippine Sea (South China Sea), Supreme Court Senior Associate Justice Antonio Carpio warned on Friday.

    Carpio said the Constitution provides that “the use and enjoyment of the exclusive economic zone (EEZ) shall be reserved exclusively to the Philippines.”

    He, however, said Manila may engage foreign entities as contractors to extract or develop resources.

    While the United Nations Convention on the Law of the Sea gives coastal states the right to decide whether to jointly develop their areas with foreigners, Carpio said this cannot be applied to the Philippines.

    “This use for enjoyment of Filipino citizens is only for the EEZ, you don’t find this in other territorial sea, or in the extended continental shelf or on land,” he noted.

    “But this does not mean that foreigners cannot help us, they can, we can award concession to foreigners who will be the contractors of the state,” Carpio said.

    He added that if China will continue to reject the arbitral tribunal’s ruling on the case filed by Manila against Beijing, the Philippines can still explore and develop areas in the West Philippine Sea.

    “If China won’t comply, we have four permits, we will continue to explore with these licenses. We will ask the tribunal to suspend the permit of China,” Carpio said. “We need the support of the world to convince China. We also have other means, legal measures to convince China to comply, peaceful measures.”

    Share.
    loading...
    Loading...

    Please follow our commenting guidelines.

    4 Comments

    1. Well maybe in the expected new constitution to be drafted they can change some provisions in it to make it more resilient to the present realities.

    2. What is economic zone in inhabitable area?!Define first what is really an economic zone, exploration by various countries is the most appropriate things to do!!

    3. citizenhongkong on

      For information Only

      Permanent Court of Arbitration
      Organization

      The Permanent Court of Arbitration is an intergovernmental organization located at The Hague in the Netherlands.

      The PCA is not a court, but rather an organiser of arbitral tribunals to resolve conflicts between member states, international organizations, or private parties.

      It should not be confused with the International Court of Justice which is the primary judicial branch of the United Nations, while the PCA is not a UN agency.
      The Permanent Court of Arbitration (PCA) is an intergovernmental organization located at The Hague in the Netherlands. The PCA is not a court, but rather an organiser of arbitral tribunals to resolve conflicts between member states, international organizations, or private parties. It should not be confused with the International Court of Justice which is the primary judicial branch of the United Nations, while the PCA is not a UN agency.
      The PCA is a permanent bureaucracy that assists temporary tribunals to resolve disputes among states (and similar entities), intergovernmental organizations, or even private parties arising out of international agreements. The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade.
      The court was established in 1899 by the first Hague Peace Conference. The Peace Palace was built for the Court in 1913 with funds from American steel magnate Andrew Carnegie. Since 1922, the building has also housed the separate Permanent Court of International Justice, which was replaced by the International Court of Justice in 1946.
      The PCA is not a “court” in the conventional understanding of that term but an administrative organization with the object of having permanent and readily available means to serve as the registry for purposes of international arbitration and other related procedures, including commissions of enquiry and conciliation. The judges or arbitrators that hear cases are officially called “Members” of the Court.
      The public at large is usually more familiar with the International Court of Justice than with the Permanent Court of Arbitration, partly because of the closed nature of cases handled by the PCA and also the small number of cases dealt with between 1946 and 1990. Sometimes even the decision itself is kept confidential at the request of the parties. Many decisions and related documents are available on the PCA’s website. The court’s caseload has increased since then. Since the PCA is not a UN agency, the terms such as “UN tribunal” or “UN-backed tribunal” used in some media are not correct and they confuse the PCA with the UN’s ICJ.
      The court is one of the oldest institutions for international dispute resolutions. The court was established in 1899 by the first Hague Peace Conference under Articles 20 to 29 of the 1899 Hague Convention for the Pacific Settlement of International Disputes. At the second Hague Peace Conference, the earlier Convention was revised by the 1907 Convention for the Pacific Settlement of International Disputes. The Conference was convened at the initiative of Tsar Nicholas II of Russia “with the object of seeking the most objective means of ensuring to all peoples the benefits of a real and lasting peace, and above all, of limiting the progressive development of existing armaments.”

      Permanent Court of Arbitration
      General introduction
      Established by treaty at the First Hague Peace Conference in 1899, the Permanent Court of Arbitration is the oldest global institution for the settlement of international disputes. The Court offers a wide range of services for the resolution of international disputes which the parties concerned have expressly agreed to submit for resolution under its auspices. Unlike the International Court of Justice, the Permanent Court of Arbitration has no sitting judges: the parties themselves select the arbitrators.
      Another difference is that sessions of the Permanent Court of Arbitration are held in private and are confidential.
      The Court also provides arbitration in disputes between international organisations and between states and international organisations.

      Working in close co-operation with the Permanent Court of Arbitration, the Hague Justice Portal has digitalised a number of the Court’s historic international arbitral awards, making them available for the first time in electronic format. View the PCA historical awards project on the Hague Justice Portal.

      • “The court was established in 1899 by the first Hague Peace Conference under Articles 20 to 29 of the 1899 Hague Convention for the Pacific Settlement of International Disputes. At the second Hague Peace Conference, the earlier Convention was revised by the 1907 Convention for the Pacific Settlement of International Disputes. ”

        M goi sai. Thank you for quoting that. And may we then refer you to the fact that China is party to the Hague Conventions of 1907?

        The Hague Convention of 1907 is undisputably a part of international law, and is actually much more **senior** to those laws that established the United Nations, which only happened in 1945. That is why, as you noted,

        “The court is one of the oldest institutions for international dispute resolutions.”

        I hope this clarifies matters.