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Carpio urges Philippines to file fresh case vs China on territorial dispute

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<p>MANILA — Former Supreme Court Senior Associate Justice Antonio Carpio on Wednesday urged the Philippine government to file a fresh case against China over the West Philippine Sea.</p><p>Carpio&#x27;s suggestion came after Beijing accused Manila of illegally entering its waters near Bajo de Masinloc or Scarborough Shoal, which China calls Huangyan Island. </p><p>Philippine officials asserted that the area was within the country&#x27;s exclusive economic zone.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/video/news/10/31/23/ph-navy-denies-ship-trespassed-chinese-waters">PH Navy denies ship trespassed Chinese waters</a></li></ul><div><strong>Territorial dispute a separate but related issue</strong></div><p>Speaking on ANC, Carpio explained that the Philippines&#x27; 2016 arbitral win — which invalidated China&#x27;s sweeping claim over almost the entire South China Sea, where the smaller West Philippine Sea is located — &quot;was only talking of the maritime dispute&quot; but added that the decision would also apply to territorial claims.</p><p>&quot;[T]hese are two separate disputes governed by different laws. So we have to start a new case on the territorial dispute,&quot; he said.</p><p>China did not participate in the case and continues to reject the 2016 ruling that other countries, including the United States, United Kingdom, Canada and Australia have recognized.</p><p>China has also preferred bilateral negotiations to resolve issues with claimant states, including the Philippines.</p><p>It has also said that countries from outside Southeast Asia should keep away from the issue.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/10/22/23/us-canada-condemn-chinese-ships-maneuvers-in-west-philippine-sea">US, Canada condemn Chinese ships&#x27; maneuvers in West Philippine Sea</a></li></ul><div><strong>International Court of Justice</strong></div><p>Carpio said the Department of Foreign Affairs could also make an official challenge to China to submit the case before the United Nations&#x27; International Court of Justice (ICJ), which settles territorial disputes.</p><p>&quot;Of course, the ICJ will ask China if it&#x27;s willing to submit it to arbitration. So mapahiya sila (they will be embarassed). They will not show up because they know they will lose,&quot; the former justice said.</p><p>&quot;We have been talking to China for the longest time over Scarborough Shoal in the Spratlys and we have not resolved it,&quot; he said.</p><p>The decision of the ICJ on territorial disputes is final and unappealable, Carpio noted, expressing confidence that the Philippines &quot;will win this time.&quot;</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/10/23/23/ph-files-protest-over-chinese-actions-in-west-philippine-sea">Philippines files diplomatic protest over Chinese actions in West Philippine Sea</a></li></ul><figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=2860343" width="100%"></iframe></figure><div class="iwantbar">Watch more News on <a href="https://www.iwanttfc.com/#!/browse/Genres/News/tag_id_genres/id_news" target="_blank">iWantTFC</a></div>

Former Supreme Court Senior Associate Justice Antonio Carpio has urged the Philippine government to file a fresh case against China on territorial dispute.