President Rodrigo Duterte is close to making the enforcement of the South China Sea arbitration ruling a legacy of his administration, but more needs to be done to seal this victory, retired Supreme Court Associate Justice Antonio Carpio said.
signed with China for the joint oil and gas exploration in disputed areas uphold the country’s sovereign rights within its exclusive economic zone that Beijing contests, Carpio noted.
However, Beijing rejects the landmark ruling and insists on owning the entire South China Sea, including areas Manila claims as the West Philippine Sea. The joint project will be under the Manila’s Service Contract system, recognizing that the Philippines owns the natural resources to be exploited and that the country’s laws govern the contract, Carpio said. It also consists of a 60-40 revenue sharing agreement in favor of the Philippines, something that can be adopted in other states’ dealings with China.
What the country can do is propose an UNCLOS enforcement mechanism similar to the World Trade Organization where “the winning party can impose additional tariffs on the exports of the losing party,” he said.