Retired Supreme Court (SC) Associate Justice Antonio Carpio on Wednesday called on the government to file an arbitration case before the International Court of Justice to challenge China on its territorial claims over Scarborough Shoal.
Carpio, who has been advocating for the assertion of Philippines sovereignty over its exclusive economic zone (EZZ) in the West Philippine Sea, made the statement after the Chinese military said that a Philippine military ship “illegally entered” waters near Scarborough Shoal, which is located inside the Philippines’ EEZ.
“Their claim is really, really dubious. So what do we do now? We challenge China. Let’s go to an arbitral tribunal. Let the arbitral tribunal decide who has sovereignty over Scarborough Shoal,” Carpio said, in an interview with ANC news.
The Philippines also calls Scarborough Shoal as “Bajo de Masinloc.”
Carpio stressed that should China refuse to bring the territorial dispute to court, it is because “China knows… its claim is weak.”
In 2016, the Permanent Court of Arbitration concluded that China had no legal basis to claim historic rights to resources within the sea areas falling within the ‘nine-dash line.’ China, however, has said that it does not recognize this ruling.
When asked how the 2016 ruling will influence the new case, Carpio said different principles of international law will govern the territorial dispute.
Carpio emphasized that the decision of the International Court of Justice will be final and unappealable, saying parties are “bound to comply.”
A delegation from the Department of National Defense (DND) meanwhile visited two major South Korean defense equipment manufacturers amid growing calls from various sectors to expedite the ongoing Armed Forces of the Philippines Modernization Program (AFPMP) in response to tensions in the West Philippine Sea.
In a statement, the DND said the delegation, headed by Senior Undersecretary Irineo Espino, toured Hanwha Ocean and HD Hyundai Heavy Industries (HHI) on the sidelines of their participation in the 12th Seoul Defense Dialogue (SDD) and Seoul International Aerospace and Defense Exhibit (ADEX) from Oct. 17 to 22.
Hanwha Ocean is offering their Jangbogo IIPN submarine for the proposed submarine project of the AFPMP for Horizon 3, which is scheduled from 2023 to 2028.
The project has a planned budget of P110 billion and is geared toward the acquisition of two modern diesel-electric submarines.
Espino and the delegates were briefed on the proposed submarine’s capabilities and toured Hanwha Ocean’s maintenance and shipbuilding facilities in Geoje City, South Korea.
The DND also said the delegation visited the HHI facilities in Ulsan and was briefed on the progress of the construction of two missile corvettes, the first of which is expected to be delivered in 2025 and the second in 2026.
The DND signed on Dec. 27, 2021 a P28-billion contract with HHI for the acquisition of two brand-new corvettes for the Philippine Navy.