SC Justice: Gov’t Should Ask Court of Arbitration to Stop Construction at West Philippine Sea

(PNA) — Supreme Court (SC) Senior Associate Justice Antonio T. Carpio on Monday said that the Philippine government should ask the Netherland-based Permanent Court of Arbitration to issue a provisional measure ordering China to stop the ongoing construction at the West Philippine Sea.

China has created some 2,000 acres of reclaimed land on seven reefs, namely: Subi Reef, Gaven Reef, Mischief Reef, Johnson Reef, Fiery Cross Reef, Chigua Reef and Calderon Reef.

Reports said that from reclamation, China has transitioned into infrastructure development insisting that its activity is on their island and on their own waters.

Carpio said that the activity of China has destroyed the reefs in less than two months.

”Seventy percent of fish in the Philippines are spawned here…Carried by the tides to Palawan and even Vietnam. So, this is our food source and China doesn’t care,” Carpio said during a forum entitled “Towards Common Actions on Maritime Commons—Safeguarding Maritime Security in Asia Through Regional Cooperation” in Ortigas, Pasig City.

”The Philippines can ask the Tribunal to issue a provisional measure directing China to stop its reclamation to prevent serious harm to the marine environment…Even if China ignores it, the world will know China is defying an international order,” Carpio added.

Carpio said that only the Philippines can put up structures and artificial islands at Subi Reef.

Under Article 60 of the United Nations Convention on the Law of the Sea (UNCLOS), in an exclusive economic Zone (EEZ), “the Coastal State shall have the exclusive right to construct and to authorize and regulate the construction, operation and use of artifical islands and installations for economic purposes and installations which may interfere with the exercise of the rights of the coastal State.”

Carpio said that China can justify its actions under Article 87 about Freedom of the high seas.

”But this only applies to international seas beyond EEZs,” he added.

Next month, there will be an oral argument on the issue raised by China that the Permanent Arbitration Court has no jurisdiction to act on the Philippine government’s complaint against the People’s Republic of China (PROC) under the UNCLOS. (PNA) CTB/PTR/EDS