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| International Law and Relations Society of the Philippines (ISIP) Position Paper on the West Philippine Sea (WPS) – November 15, 2023 |
A Group called the “International Law and Relations Society of the Philippines (ISIP)” recently submitted its Position Paper on Legal Matters about the West Philippine Sea (WPS) to the various Legislative Committees holding Public Hearings about it.
The Group includes among its Members a former Chief Justice of the Supreme Court Reynato Puno, a former Admiral of the Philippine Coast Guard (PCG) Joel Garcia and various Professors, Lawyers and Doctorate Degree Holders, and they concluded that, “... no effective Institutional Enforcement Mechanism is available under International Law” regarding the current Legal Disputes in the WPS, and that the best Course of Action would be, “... proactive Neutrality and Conflict-Prevention through Diplomacy are the more Rational Choices” Below are some of the Highlights of the Document:
(3-1) What Lawful Acts of Self-Defense can the Philippines do?
- The Philippines may resort to an armed counter-attack in self defense under Article 51 of the UN Charter. At the same time, it may bring the matter to the UN Security Council in order to activate the Provisions of Chapter VII of the UN Charter.
(3-2) Will the Armed Attacks, Acts of Self-Defense, Acts of Retaliation let loose an All-Out War between the China and the Philippines and their allies?
- Yes.
(3-3) In case of an All-Out War, can the Philippines lose not only its Sovereign Rights over its EEZ but even its Sovereignty over its Territory (Land and Territorial Seas)?
- As a Rule, conquest or armed occupation is not a valid means of Territorial Acquisition. However, the reality shown by Israel’s and Russia’s Military occupations is that the way in which a State controls its Territory can be perceived by a powerful Neighbor as a Threat to its own Security.
(3-4) In that eventuality, does the Philippines have any effective remedy under International Law?
- The continuing Saga of Palestine and Chagos Archipelago demonstrates the reality that no effective institutional enforcement mechanism is available under International Law. Perhaps Proactive Neutrality and Conflict-Prevention through Diplomacy are the more Rational Choices.”
You can view and download the Document here: https://docdro.id/LTogyCF
SOURCES:
* International Law and Relations Society of the Philippines (ISIP) Position Paper on the West Philippine Sea (WPS) – November 15, 2023 {Archived Link}
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