Carpio: New China Coast Guard regulation contrary to Unclos, UN Charter
MANILA, Philippines — The new Chinese coast guard regulation is “contrary” and in “clear violation” of the United Nations Convention on the Law of the Sea (Unclos) and the UN Charter, according to former Supreme Court (SC) Associate Justice Antonio Carpio.
Carpio issued his statement after media reports revealed that China approved of a new policy authorizing its coast guard extensive powers to detain “trespassers” of what it calls its borders for up to 60 days without trial.
READ: China’s new policy on ‘trespassers’ a ‘desperate move’ – Atin Ito
“The new Chinese coast guard regulation is clearly contrary to Unclos and the UN Charter. Under Unclos, no state can subject the high seas to its sovereignty,” Carpio said.
“Under this new Chinese regulation, the Chinese coast guard is authorized to arrest, detain, and expel foreign individuals or foreign vessels that sail in the high seas of the South China Sea. China’s new coast guard regulation is subjecting the high seas of the South China Sea to China’s sovereignty in clear violation of Unclos,” he added.
Carpio likewise pointed out that the July 12, 2016, Arbitral Award already invalidated China’s nine, now the 10-dash line that covers the exclusive economic zones (EEZ) of the Philippines, Vietnam, Malaysia, Brunei, and Indonesia.
“Under Unclos, only the coastal state has sovereign rights and jurisdiction over its own EEZ. China has no jurisdiction over the EEZ of Vietnam, the Philippines, Malaysia, Brunei, or Indonesia. Thus, China’s new coast guard regulation cannot apply in the EEZs of other coastal states,” the former SC justice asserted.
“Under the UN Charter, the threat or use of force is outlawed in settling disputes between states. China’s threat in its new coast guard regulation to use force in settling its maritime disputes with other Asean coastal states is in itself a violation of the UN Charter,” he added.
He likewise encouraged the Philippine government to invite the United States, United Kingdom, France, Japan, Australia, and other coastal states worldwide “to jointly or individually sail in the high seas and EEZs of the South China Sea to strongly register objection” to China’s new policy.
China’s aggressive pronouncements came after the Atin Ito Coalition’s recently concluded civilian-led supply mission in the West Philippine Sea.
Atin Ito concluded its supply mission on May 16, particularly at the Philippines’ exclusive economic zone near Masinloc town in Zambales province and the general vicinity of Scarborough (Panatag) Shoal.
On the same day, Atin Ito reported that its 10-member advance team arrived 25 to 30 nautical miles from the general vicinity of Bajo de Masinloc and breached China’s “illegal blockade.”
The first-ever supply mission of Atin Ito was conducted last year, wherein one of their resupply boats managed to get past Chinese vessels and reach Lawak Island on December 11.
They brought gifts for those who are based in BRP Sierra Madre and other people in the West Philippine Sea’s eight other maritime features.
