SC justice says PHL does not need China’s permission to fish over South China Sea

The Philippines does not need to ask for China's permission to fish in the South China Sea because it is part of international waters and beyond Beijing's exclusive economic zone, Supreme Court Senior Associate Justice Antonio Carpio said.

In a lecture on Monday, Carpio pointed out that China's nine-dash line argument is baseless because it does not measure from land, and takes up more than 12 nautical miles from China.

According to the United Nations Convention on the Law of the Sea (UNCLOS), a country may only measure maritime territory from the coastline. The agreement says a country may only claim up to 12 nautical miles.

Because of this, Carpio said China cannot claim that it owns the South China Sea.

Carpio was the one who wrote the Supreme Court decision that unanimously affirmed the constitutionality of the Philippine Archipelagic Baselines Law of 2009.

For several years now, he has been giving public lectures to support the Philippine claim over the West Philippine Sea, the part of the South China Sea being claimed by the Philippines.

Carpio has earlier said that China's aggressive reclamation over the area may result in a national crisis for the Philippines, since the country may lose "about 80 percent of its exclusive economic zone... including part of the Malampaya gas field."

Last week, he warned against allowing China to gain control over the South China Sea, as it would encourage other powerful nations to also lay claim over large maritime territories.

Historical claim not a basis

Carpio pointed out that signatories of UNCLOS have also agreed that historical claim cannot be used to claim maritime territory, which China is insisting on at present.

He added that if the argument will be history-based, the Philippines also has several maps to prove its claim over disputed reefs and land formations. These include maps from 1636, 1792, 1867, 1899, and 1933, as well as the 1734 Murillo Velarde map, a replica of which was bought by businessman Mel Velarde for £170,500 (more than P12 million) and will be submitted to the Arbitral Tribunal in The Hague.

Carpio said that based on his research, China put up "false historical markers" on reefs that it is claiming, such as a marker in the Spratlys that says 1946, but was placed there 10 years later, or in 1956.

Artificial structures

Carpio also pointed out that China is going against the UNCLOS with its reclamation projects.

China is putting up artificial structures over several disputed territories in the area. Over at Kagitingan (Fiery Cross) Reef, images showed that China has made "rapid" progress in building an airstrip "suitable" for military use. In Subi Reef, landmasses were said to be created for a 3,000-meter airstrip.

LOOK: China's reclamation projects in the West Philippine Sea

Carpio pointed out that the artificial structures China has been putting up are illegal under the UNCLOS, as only the Philippines can do that within its exclusive economic zones or continental shelf.

Because of this, Carpio appealed to President Benigno Aquino III to file an extended continental shelf claim to beef up the country's argument against China, aside from the arbitration case filed over the disputed areas.

During the forum, representatives from Japan, Vietnam, and Malaysia who were present expressed agreement with Carpio that pressure should be placed on China about the case.

The Indonesian representative, however, said they will not be a party in the maritime dispute. —Rose-An Jessica Dioquino and Victoria Tulad /KBK, GMA News