Retired Supreme Court Senior Associate Justice Antonio T. Carpio emphasized that disputes in the South China Sea must be resolved under the rule of law, in accordance with the foundational principles of the United Nations Charter.
In an interview, Carpio explained that before 1945, territorial disputes were often settled through war. After World War II, however, the UN Charter established a new international legal order: disputes between states must be resolved by peaceful means — through negotiation, mediation, and ultimately arbitration — and the use or threat of force is prohibited.
Carpio pointed to the Philippines’ response to China’s actions at Scarborough Shoal in 2012. Instead of sending troops, the Philippines brought the dispute to arbitration in The Hague to challenge China’s nine-dash line claim.
“We sent our lawyers to The Hague,” Carpio said, noting that the Philippines achieved a significant legal victory in the 2016 arbitral award, securing recognition of maritime areas even larger than the country’s total land area.
He remarked that in today’s world, major battles over maritime rights are no longer fought at sea, but in courtrooms.
Carpio warned that two countries are attempting to overturn this post-World War II legal order. He cited Russia’s invasion of Ukraine as an example of using force to settle a territorial dispute, an action widely condemned by the United Nations General Assembly.
He also pointed to China’s actions in the South China Sea, where, he said, China is attempting to enforce its nine-dash line through intimidation and the threat of force, covering nearly 85 percent of the sea, including areas within Philippine maritime zones.
According to Carpio, the Philippines is at the forefront of defending the international legal order in the region — upholding the principle that disputes must be settled peacefully and that the use or threat of force is outlawed.
He stressed that the country’s position is rooted in preserving what was gained under the UN Charter: a global system where the rule of law prevails over military might.