Carpio presents non-war formula of enforcing WPS arbitration ruling to Duterte

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“Mr. President, there is a formula, and not only one but many ways of enforcing the arbitral award without going to war with China using only the rule of law. Let me mention a few of these, and I hope the President will implement them as he had promised,” Senior Associate Justice Antonio Carpio said before the graduating students of Ateneo de Manila University Law School on July 14.

The Philippines, Vietnam, Malaysia, Indonesia and Brunei can enter into a Convention declaring that, as ruled by the arbitral tribunal, no geologic feature in the Spratlys generates an Exclusive Economic Zone and there are only territorial seas from the geologic features that are above water at high-tide.

The Philippines can file an extended continental shelf claim in the West Philippine Sea beyond our 200-NM Exclusive Economic Zone off the coast of Luzon, where China is the only opposite coastal state. 

The Philippines can send on patrol its 10 new 44-meter multi-role response vessels that were donated by Japan for the use by the Philippine Coast Guard. 

The Philippines can welcome and encourage the Freedom of Navigation and Overflight Operations of the U.S., U.K., France, Australia, Japan, India and Canada in the South China Sea, including the West Philippine Sea.

The Philippines can send its own Navy to join the Freedom of Navigation and Overflight Operations of these foreign naval powers to assert, on behalf of the Philippines, that there is an Exclusive Economic Zone in the West Philippine Sea belonging to the Philippines as ruled by the arbitral tribunal. 

The Philippine Government can support private sector initiatives to enforce the arbitral Award.