I Share 'Historical Facts, Historical Lies & Historical Rights on the West Philippine Sea' by Justice Antonio Carpio

Antonio Tirol Carpio is an incumbent Associate Justice of the Supreme Court of the Philippines. He had a lecture at the College of Law of the De La Salle University where he presented 'Historical Facts, Historical Lies & Historical Rights on the West Philippine Sea.'

I'm a Filipino by the way.

I have read some of its page. Here what I can share so far.

1982 United Nations Conventions on the Law of the Sea (UNCLOS) is the primary international law governing the use of the oceans and seas of our planet. It regulates maritime claims and disputes, but NOT territorial disputes. (paragraph 1)

China is claiming most of the South China Sea as theirs through what they call 'HISTORICAL FACTS' using 'their' Nine-dashed line particularly.

However, in the 2002, ASEAN-China Declaration of Conduct (DOC), it was NOT mentioned that 'HISTORICAL FACTS' shall also be the basis in resolving maritime disputes. ONLY UNIVERSALLY RECOGNIZED principles of international law shall be used to resolve maritime disputes. (paragraph 2)

However, under UNCLOS this time, 'HISTORICAL FACTS,' validated or not, can NOT resolve maritime disputes. Historical facts in relation with discovery and exploration in the Age of Discovery (early 1400s until 1600s) or even earlier, have NO bearing in the resolution of maritime disputes. What does it mean? It means that NO country of today can claim lands, oceans, and/or seas that were traveled, discovered, owned, named, and/or conquered by their ancestors. (paragraph 8)

I will give emphasis on the bold word, 'named.' Perhaps, some Chinese (maybe other nationalities too) are thinking that South China Sea (SCS) is theirs because of the word 'China' in it. However, historical names can NEVER be a basis for claiming the oceans and seas. On the paper, it was also revealed that 'SCS' was NOT even named by the Chinese. The Song and Ming Dynasties called SCS the 'Giao Chi Sea,' the Qing Dynasty and the People's Republic of China call it the 'South Sea' (Nan Hai). The European navigators and cartographers were the ones who named it the South China Sea. To be fair, it also means that the Philippines can NEVER claim the Philippine Sea. (paragraph 8)

Since China is basing their claims on 'historical facts' which are bucked up with 'their' Nine-dashed line drawn in 1947 (but on paragraph 13 line 3, it says that China doesn't specify what these historical facts are), even if historical facts have NO bearing, Justice Carpio told the detailed history of the Philippines in relation with our claims on the West Philippine Sea.

The history started some 4000 to 3000 BC. Read firsthand Justice Carpio's actual historical facts backed up with sources (paragraphs 14-34).

Justice Carpio presented evidences that will prove that the ancestors of the Filipinos, the Austronesians, were masters of the SCS and the Pacific Ocean. It showed that the early Filipinos set their own sea voyages as well just like China. The Filipinos then traveled across the seas and oceans NOT with the purpose of conquering other nations, but as ordinary people living literally on the sea (in their balangay---a sailboat) who just wanted to trade their goods with different countries which included China. 

If China is claiming that SCS is theirs because their ancestors have traveled, discovered, named and/or passed down (read paragraph 2) a certain territory or water, the Philippines have done that too. Does it mean that we, the Philippines, can also claim with the same basis? 

Of course NOT. Why? Let me say it again. It's because HISTORICAL FACTS have NO bearing in the resolution of the maritime disputes whether the history is valid or not. So Justice Carpio, compiling all those histories was a waste of time.

Another emphasis. Read paragraphs 2 and 24-31 particularly. Justice Carpio cited China's remarkable and successful sea voyages. It was Admiral Zheng He's seven voyages from 1405-1433, more than 400 years (as early as 892 AD) after early Filipino traders sailed back and forth from the Philippines to China in their balangays. Purpose? To promote trade, to project the power of the Ming Dynasty and to formalize a tributary trade system. On paragraph 26 line 4, it says, "Zheng He never claimed for China any of the territories he visited, certainly not the seas and oceans he traversed." The statement was based on the paper of Tan Ta Sen, President of Admiral Zheng He Society of Singapore, entitled 'Did Zheng He Set Out to Colonize South East Asia.' In addition, the extravagance of Zheng He's sea voyages was partnered with natural disasters and caused hardships on Chinese. Thus, the Ministry of War confiscated all Zheng He's records, branded as 'deceitful exaggerations of bizarre things' and banned all oceangoing travels by the end of 1400s which lasted until 1567. 

To be continued...

written by: loveluytakyo
SOURCE: Justice Antonio Carpio's LecturePhoto from Inquirer


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