TP accuses Justice Carpio of making contradicting claims about PH EEZ, calls it all hypocrisy & double speak

No less than a Associate Justice of the Supreme Court of the Philippines has been accused of “hypocrisy and double speak” by TP (Thinking Pinoy) in his latest FB post.

TP made the bold indictment after noting that Justice Carpio has made contradicting claims about the PH EEZ (exclusive economic zone).

TP explained that the PH Constitution adopts the principles of international law as part of the law of the land.

“Under UNCLOS and international law, the fish and resources in the EEZ are NOT actually exclusively owned by the coastal state (contrary to the very misleading or outright false statements always raised by Carpio, Del Rosario, Batongbacal and others),” TP explained.

TP revealed “UNCLOS actually allows or even MANDATES the coastal state to come up with agreements with other countries regarding the exploitation of the resources under the EEZ.”

However, in a previous statement Carpio quoted the 1987 Constitution and said: “The State shall protect the nation’s marine wealth in its … exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.” [Link here]

In the same PDI article, Carpio cited The Hague decision in 2016, that ruled with finality that the Philippine has “jurisdiction” over its Exclusive Economic Zone in the West Philippines Sea, including the Reed Bank, locally known as Recto Bank. [UNCLOS]

This is the contradiction of Carpio’s statements on EEZ, TP said.

TP said that if Carpio and the rest of the pro-LP gangs keep citing the arbitral case and UNCLOS, then they cannot anymore cite the Philippine Constitution, whose provisions on resources in the EEZ are actually inconsistent with UNCLOS.

TP insisted, the PH cannot cite only the Constitution and say that we should reserve those resources only to Filipinos (not consistent with UNCLOS), but then demand that the State invoke the arbitral award which was based on UNCLOS and international law and not the Philippine Constitution.

For more details, you may start reading TP’s full FB post below.

MAKE FISH, NOT WAR! JUSTICE CARPIO’S CONTRADICTING CLAIMS ABOUT PHILIPPINE EEZ

The Constitution adopts the principles of international law as part of the law of the land.

Under UNCLOS and international law, the fish and resources in the EEZ are NOT actually exclusively owned by the coastal state (contrary to the very misleading or outright false statements always raised by Carpio, Del Rosario, Batongbacal and others).

UNCLOS actually allows or even MANDATES the coastal state to come up with agreements with other countries regarding the exploitation of the resources under the EEZ.

Carpio and others cannot have our cake and eat it too.

DID YOU KNOW UNCLOS CONTRADICTS CONSTITUTION?

If they keep citing the arbitral case and UNCLOS, then they cannot anymore cite the Philippine Constitution, whose provisions on resources in the EEZ are actually inconsistent with UNCLOS.

We cannot cite only the Constitution and say that we should reserve those resources only to Filipinos (not consistent with UNCLOS), but then demand that the State invoke the arbitral award which was based on UNCLOS and international law and not the Philippine Constitution.

Hence, we need to harmonize the differences by saying that since international law is part of the law of the land, then we respect how UNCLOS actually rules on use of these resources

The agreements cited in an earlier Thinking Pinoy post [http://bit.ly/2LkymNu] are actually precise examples of fishing agreements under UNCLOS, and are good proof to show that it is NORMAL to allow other countries to fish in one’s waters.

JUSTICE CARPIO IS PLAYING DUMB

When he talks the way he does, Justice Carpio is conveniently omitting that the arbitral case which he himself pushed for resulted in a decision that Scarborough Shoal, which we claim as PH territory, is not our exclusive fishing ground but common fishing ground even for Chinese and Vietnamese fishermen.

So thanks to that case, WE LOST EXCLUSIVE RIGHTS TO FISH IN BAJO DE MASINLOC, unlike how we controlled it before Del Rosario became Foreign Secretary.

That is, THE ARBITRAL RULING pretty much goes against our Constitution.

What are we going to do now? Carpio HIDES THIS from the people.

The 1987 Constitution provisions always cited by Carpio are actually inconsistent with UNCLOS and international law. The resources in the EEZ are NOT actually exclusive to the coastal state yet under the PH Constitution, they are.

So what now?

If you invoke the Constitution, then what was all that UNCLOS and rule of law hullabaloo made by PHL for years and years about?

All hypocrisy and double speak.

There is nothing essentially nothing wrong with fisheries agreements, especially if there is a strong common responsibility/obligation to do this in a sustainable manner & with focused efforts to re-generate & protect the fisheries stock and the ecosystem in which they flourish.

Make fish. Not War.

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