Retired Supreme Court Justice Antonio Carpio has challenged President Rodrigo Duterte’s assertion that the arbitral ruling on the West Philippine Sea does not bind China due to its non-participation. Carpio, an observer in the arbitration case, argued that China had ample opportunities to present its arguments but chose not to participate in the proceedings. The Permanent Court of Arbitration (PCA) found that China consistently rejected the Philippines’ recourse to arbitration and adhered to a position of non-participation.
Carpio pointed out that the United Nations Convention on the Law of the Sea (UNCLOS) explicitly states that the absence or failure of a party to defend its case does not constitute a bar to the proceedings. He expressed concern over Duterte’s continued adherence to the Chinese propaganda line regarding the arbitral award.
The issue has sparked debate, with Carpio urging Filipinos to be aware of the facts surrounding the arbitration and not be swayed by misleading information. The controversy highlights the complexities of international law and the need for accurate understanding and interpretation.
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