Justice Carpio sees no danger in PH plea to int’l tribunal

SUPREME Court Associate Justice Antonio Carpio assured that there is no danger in asking international tribunal to issue a provisional measure ordering China to stop the ongoing construction activities at the West Philippine Sea.

Carpio’s pronouncement came after UP Law Professor Harry Roque said that asking for provisional remedy might give way for China’s military and law enforcement activities in connection with the exercise of its sovereign rights.

Roque explained that when China joined the United Nations Convention on the Law of the Sea (UNCLOS), it made an express reservation under Art. 298 of the UNCLOS that it does not consider disputes concerning military and law enforcement activities in regard to the exercise of sovereign rights as covered by the jurisdiction of the Tribunal.

“Any resort to provisional remedies against the Chinese reclamation will now bring to the fore the Chinese Art. 298 reservations to the UNCLOS,” Roque said in his blog.

“China may also argue that under the UNCLOS, the reclamation of artificial islands is also recognized as a valid exercise of sovereign rights of a coastal state,” he added.

But Justice Carpio said China did not invoke Article 298(b) on disputes involving military activities or law enforcement activities relating to marine scientific surveys or fishing in its position paper.

“Now, China stated its reclamations are for civilian functions. Military facilities will be installed only incidentally with civilian structures. Clearly, China does not want to invoke military activities as a purpose of its reclamation. China reclaims from a submerged area in the high seas. UNCLOS mandates that the high seas are reserved for peaceful purposes–preventing China from invoking military activities,” Justice Carpio said adding that “If China says reclamations are for military activities, it will immediately be incurring violation of UNCLOS.”

“That’s why China has been very careful. It has always said they are for civilian purposes. It does not want to invoke military activities,” Carpio said.