Carpio pushes new case vs China over fishing rights

Former Supreme Court Associate Justice Antonio Carpio has been actively advocating for the Philippines to file new arbitration cases against China, specifically focusing on fishing rights disputes in Panatag (Scarborough) Shoal. Carpio's proposal includes three potential arbitral cases, with one specifically aimed at establishing common fishing rules to address China's continued harassment of Filipino fishermen. He argues that filing a second arbitration case would allow the Philippines to demand reparations for Chinese ships' destruction of Philippine vessels and curb further aggression in the West Philippine Sea.

The legal basis for this new case stems from the 2016 arbitral tribunal ruling under UNCLOS, which upheld Philippine sovereign rights in its exclusive economic zone and invalidated China's expansive claims. Despite this ruling, China has maintained de facto control over Scarborough Shoal since 2012, creating an exclusion zone that restricts Filipino fishing access. Recent incidents documented by the Philippine Coast Guard show continued harassment, including the January 12, 2026 incident where China Coast Guard vessel 23521 and a PLA-Navy warship approached a Filipino fishing boat within 30 meters, blocking its path and using blaring sirens.

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Carpio's strategy involves piling up multiple arbitral awards against China's baseless claims to nearly the entire South China Sea. Beyond fishing rights, he has proposed additional cases challenging China's claims beyond its maritime zone and addressing instances where China prevents the Philippines from constructing civilian-related structures in disputed waters. He emphasizes that these legal approaches represent peaceful settlement of disputes in accordance with the UN Charter and UNCLOS.

The Philippine government, under the Marcos administration, has been urged to pursue these arbitration cases as a means to counteract China's maritime aggression. Carpio argues that once an arbitration case is filed, continued Chinese harassment would constitute disrespect to the tribunal, potentially leading to stronger rulings against China. The proposal comes nearly a decade after the Philippines' initial victory in the West Philippine Sea case, with ongoing incidents demonstrating the need for renewed legal action to protect Filipino fishing rights and sovereignty in the region.