Retired Supreme Court Justice Francis H. Jardeleza will lead the online discussion on July 5, 2021 on the proposed New Philippine Baselines Law to enforce the arbitral award the Philippines won in its West Philippine Sea (WPS) disputes with China.
Apart from Jardeleza, the forum on the necessity, practicality, and enforceability of the proposed bill will also get the views of International Law Consultant Dr. Melissa H. Loja and Professor Romel R. Bagares starting 10 am to 12 pm.
The first of many, the Iloilo Leg seeks to stir enriching discourse on baseline laws, involving a variety of persons in Iloilo from the academe, the law profession, the government, and the media, among others.
On June 5, Jardeleza submitted a letter to President Rodrigo Duterte urging him to certify as urgent the measure that seeks amendments to Republic Act 9522, a law that defines the baselines of the Philippines’ territorial sea.
Jardeleza served as the Solicitor General during the administration of the late President Benigno S.C. Aquino III that challenged China’s claims over the disputed territory.
Jardeleza said his proposed law, titled “Philippine Maritime Features of the West Philippine Sea Act,” aims to specifically name and identify the maritime features in WPS claimed or occupied by the country.
The arbitral award, which will mark its fifth anniversary this month, invalidated the expansive Chinese nine-dash line claim over the entire South China Sea.
But since it was handed down on July 12, 2016 by the United Nations Convention on the Law of the Sea (UNCLOS) tribunal, many sectors in the Philippines have remained divided on how to secure its gains.
Jardeleza said there had been a serious misunderstanding of the true import of the Award that threatens its biggest achievements.
The WPS straddles maritime areas on the western side of the Philippine archipelago, including the Luzon Sea as well as the Kalayaan Island Group and Bajo de Masinloc, also known as Scarborough Shoal.
The proposed law identified at least 100 maritime features in WPS, 25 of which are said to be rocks or high tide features that generate a territorial sea and a contiguous zone.
Under international law, legislation is an act of sovereignty that establishes territorial title.
Jardeleza, however, said the national legislation claiming sovereignty and sovereign rights must name the contested individual maritime features.
“Our proposed law does that thus, constituting an act of sovereignty in relation to each feature,” he added.
The online forum is presented by Daily Guardian, in partnership with the University of San Agustin College of Law and the Sigma Alpha Lex. (With reports from PNA and Manila Standard)
