Retired Supreme Court Justice Antonio Carpio has called on the Philippine government to file new arbitration cases against China over its aggressive and illegal actions in the West Philippine Sea (WPS). He made this proposal during a reception dinner aboard BRP Melchora Aquino in Manila on Friday.
In his speech, Carpio underscored the necessity of pursuing legal action, stating, “We should file another arbitration case. China is in dread of the Philippines filing another arbitration case. In fact, we should file several arbitration cases.”
He emphasized that China would likely refuse to participate in the arbitration, knowing it would lose, especially since the arbitral tribunal has already invalidated its nine-dash line claim.
But Carpio remembered Wu Shicun, president of China’s National Institute for South China Sea Studies, who recently warned that China should prevent the Philippines from filing another arbitration case.
Wu acknowledged that such actions would expose China’s bullying nature towards smaller neighbors and further isolate it in the region.
Carpio stressed the importance of challenging China through arbitration in an earlier interview. He said the Philippines should “go legal now just like in 2012 when China seized the Scarborough Shoal.”
“Let us challenge China to submit the entire Spratlys territorial dispute to arbitration by the International Court of Justice (ICJ). Let’s formally challenge China,” he urged.
“I have been saying that but let’s finally and formally challenge China. China will either put up or shut up. China knows it will lose in any arbitration because their claim is very weak and very dubious. It is fictitious,” the former Associate Justice added.
Carpio noted that challenging China to another arbitration is a diplomatic way of making it adhere to international law, since the Philippines cannot and should not “resort to force or threat to force. It is China using the threat of force. So, let’s challenge China.”
In May, Foreign Affairs Secretary Enrique Manalo confirmed that the Office of the Solicitor General is considering the possibility of filing another arbitration case against China. Manalo assured that the Department of Foreign Affairs (DFA) would support this move if it proceeds.