By Benjamin Cuaresma
MANILA — Former Supreme Court Associate Justice Antonio Carpio has called on the Philippine government to formally oppose China’s declaration under a newly implemented international oceans treaty, warning that failure to act before the end of 2026 could weaken the country’s position in the West Philippine Sea.
Speaking during a forum organized by the Stratbase Institute in partnership with the French Embassy, Carpio said Manila must submit a counterdeclaration to challenge Beijing’s assertion of sovereign rights over portions of the South China Sea that are recognized internationally as high seas.
According to Carpio, the Philippines has until December 2026 to register its objection under the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, a global treaty that governs the conservation and sustainable use of marine biodiversity in areas beyond national jurisdiction.
The former magistrate warned that in international law, prolonged silence may be interpreted as acceptance of another state’s claim under the doctrine of acquiescence.
“We must formally object within the prescribed period,” Carpio said. “Failure to do so may be construed as recognition of China’s declaration.”
China ratified the BBNJ Agreement in December 2025 and attached a declaration asserting rights and jurisdiction over vast areas of the South China Sea, including waters regarded by many countries as part of the global commons.
The Philippines became the treaty’s 65th state party after ratifying the agreement in September 2025, paving the way for its entry into force in January 2026.
Carpio cautioned that if Beijing’s declaration goes unchallenged, it could eventually affect the Philippines’ maritime rights and interests, including areas that fall within the country’s exclusive economic zone.
He also stressed that the stakes extend beyond legal interpretation, noting that the maritime area involved is larger than the Philippines’ total land territory.
Beyond filing a diplomatic protest, Carpio encouraged the government to pursue a more proactive strategy during the first Conference of the Parties (COP-1) under the BBNJ Agreement later this year.
He suggested that Manila propose the establishment of a Marine Protected Area (MPA) in portions of the South China Sea considered high seas. Such a move, he said, would reinforce international recognition that areas beyond national jurisdiction exist in the disputed waters.
If approved by member states, the proposal could further undermine China’s expansive maritime claims and strengthen support for a rules-based international order in the region.
“The international community will effectively determine whether high seas exist in the South China Sea,” Carpio said.
International human rights lawyer Dr. Mary Baleva echoed the urgency of the issue, urging Philippine authorities to prioritize the matter before the treaty deadline expires.
Meanwhile, Stratbase Institute President Victor Andres Manhit said the BBNJ Agreement complements the landmark 2016 arbitral ruling that invalidated China’s sweeping claims in the South China Sea.
Manhit stressed that while legal victories and international agreements provide a strong foundation, the challenge now lies in translating them into concrete policies and actions that protect Philippine sovereignty and maritime rights.
“The arbitral ruling must continue to be defended, and the opportunities provided by the BBNJ Agreement must be fully utilized,” he said.
Experts at the forum noted that the treaty carries significant implications for the Philippines, given the country’s vast marine resources, biodiversity, food security requirements, and economic dependence on the sea.
ia/xf
