Enforce UN ruling? Carpio lists ways

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War never is an option. Diplomacy can fortify the UN ruling on Manila’s row with Beijing. Supreme Court Senior Justice Antonio T. Carpio enumerates some diplomatic initiatives, in a presentation to the Stratbase-Albert del Rosario Institute. Third of four parts:
 
There is no world policeman or sheriff to enforce the arbitral ruling. However, states that ratified the United Nations Convention on the Law of the Sea expressly bound themselves to comply in good faith with decisions of arbitral tribunals created under UNCLOS. China is reneging on this treaty obligation.
 
 
The option for the Philippines is not “talk or go to war with China.” This is a false option, and shows a dismal lack of understanding of international law and relations.
 
First, the Philippine Constitution prohibits war as instrument of national policy. Second, the UN Charter has outlawed war as a means of settling disputes between states. In resolving the SCS dispute, war is not and has never been an option. That is precisely why the Philippines filed the arbitration case against China.
 
If the Philippines starts a war against China, it would surely lose, and lose badly. If the Philippines is the aggressor, that will violate the Constitution and the UN Charter. The Philippines cannot invoke the Philippine-US Mutual Defense Treaty because the treaty is only for defense, not for aggression. President Duterte’s oft-repeated question – whether the US will support and join the Philippines if we go to war against China – is a misguided question because the US is not bound by the Philippine-US Mutual Defense Treaty to support any act of aggression by the Philippines. If the US joins the Philippines in a war of aggression, the US will also be in breach of the UN Charter.
 
China itself does not want to start a war because war will give the US an excuse to intervene in the SCS dispute, since to defend itself the Philippines will certainly invoke the Philippine-US Mutual Defense Treaty. China’s strategy is to control the SCS without firing a shot. Those who raise the issue of war with China either do not understand the Three Warfares Strategy of China, or are scaring the Filipino people to submit to China’s designs in the SCS.
 
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