Retured Senior Supreme Court Justice Antonio Carpio explains the legal and constitutional implications of proposed oil and gas agreements in the West Philippine Sea, highlighting the critical distinction between “joint development” and “joint cooperation.”
In this discussion, Justice Carpio emphasizes that under the 1987 Philippine Constitution, all marine wealth within the country’s Exclusive Economic Zone (EEZ) is reserved exclusively for Filipino citizens. He also cites the United Nations Convention on the Law of the Sea and the 2016 Arbitral Award, which affirm the Philippines’ exclusive sovereign rights to explore and exploit natural resources within its EEZ.
A key point raised is the definition of “joint development” as used by China. Justice Carpio notes that under China’s framework, “joint development” implies that China owns the oil and gas resources, with other countries merely allowed to participate. He cautions that agreeing to such a framework would be inconsistent with Philippine law and would undermine the country’s sovereign rights.
Instead, Justice Carpio underscores that the acceptable approach is “joint cooperation,” where foreign entities may assist in exploration and development, but only under Philippine terms.
He outlines two essential conditions that must be present in any agreement:
- Oil and gas resources must be expressly recognized as belonging to the Philippine State
- The agreement must be governed by Philippine law
Justice Carpio also recalls past negotiations between the Philippines and China, where initial progress aligned with these principles but ultimately broke down when proposed terms no longer complied with constitutional requirements.
The discussion serves as a reminder that precise terminology and legal structure are critical in safeguarding national sovereignty over the country’s natural resources.
Read the full IMOA article:
👉 https://imoa.ph/justice-carpio-warns-vs-joint-development-deals-stresses-philippine-ownership-of-west-ph-sea-resources/