How China-PH contract over West PH Sea exploration can be key in enforcing arbitral ruling

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Carpio suggests PH push for enforcement mechanism in UNCLOS MANILA — Despite all the criticisms hurled against President Rodrigo Duterte over his position on the enforcement of the arbitral ruling on

the West Philippine Sea, retired Senior Associate Justice Antonio Carpio believes there is still a way for the President to make it his “greatest achievement.”

He was referring to a service contract agreement between China and the Philippines for the joint exploration of the oil and gas reserves in the West Philippine Sea by the Philippines and China. That’s because, under the service contract, the Philippines is recognized as the owner of the oil and gas while another provision provides that Philippine law governs the contract.

Duterte frequently cited as reason for not invoking the arbitral ruling with China the problem of enforcing the arbitral award, warning the Philippines risks provoking a lopsided war between the 2 countries, although he did raise it in his speech before the United Nations General Assembly in September.

 

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