Former Supreme Court Associate Justice Antonio Carpio is sounding the alarm, pressing the Department of Foreign Affairs (DFA) to formally challenge China’s declarations under the High Seas Treaty.
During a forum sponsored by think tank Stratbase ADR and the French Embassy, Carpio warned that inaction could cost the Philippines an exclusive economic zone (EEZ) ‘larger than our total land area.’
The Biodiversity Beyond National Jurisdiction (BBNJ) treaty, which took effect in January 2026, seeks to safeguard marine life in the high seas.
But when China ratified the pact in December 2025, it declared the treaty ‘doesn’t apply’ to the South China Sea. Beijing insists the waters within its ten-dash line are its ‘national territory,’ leaving no high seas to regulate.
Its declaration also blocks marine protected areas (MPAs), stating these ‘shall not include any area involving any claims of a state to sovereignty.’
Carpio warned that under the international doctrine of acquiescence, silence in the face of a claim is legally treated as consent.
With six months already elapsed since China’s filing, Manila has only until December 2026 to issue a counter-declaration.
‘We don’t want to lose it by sleeping on the job,’ he cautioned.
To go on the offensive, Carpio urged the Philippines to push the treaty’s Conference of Parties to declare MPAs in the South China Sea.
If unanimity cannot be reached, the pact allows approval by a three-fourths vote.
Such a decision would formally recognize the waters as high seas, undercutting Beijing’s assertions.