Under the United Nations Convention on the Law of the Sea and the International Convention for the Safety of Life at Sea, the Chinese fishermen violated maritime regulations for abandoning the Filipinos in distress.
In an interview, UP Institute for Maritime Affairs and Law of the Sea director Jay Batongbacal, however, said the participation of the Chinese government was still crucial if the Philippines wants to mete out penalties to the captain and crew members of the vessel, identified as Yuemaobinyu 42212. He said the legal action should come from China, given that only the flag state — in this case, China — has authority over an offending vessel that is in its registry.
What the government can do, Batongbacal said, is file a case against the Chinese vessel for poaching.Bureau of Fisheries and Aquatic Resources legal chief Demosthenes Escoto said they were already preparing a possible poaching case against the Chinese trawler, but would need the help of the Department of Foreign Affairs to get more details from the Chinese Embassy.
Source: News Formal (newsformal.com)
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