Archives for 

international law

On Laude: The issue is accountability

The issue that we have been trying to address with the Jennifer Laude case is one of accountability. Will a US Marine, normally exempt from jurisdiction of the Philippines, be sent to Muntinlupa in case he is proven guilty of murder? If we go by the Daniel Smith incident, the answer would be no. Smith, […]

Provisional measures

Philippine policy makers have confirmed that despite the pendency of its arbitration proceedings under the binding and compulsory dispute settlement procedure of the UN Convention on the Law of the Sea, China is hastening the building of an artificial island in Mabini reef, as well as expanding its existing artificial island in Fiery Reef. Contemporaneous […]

China is challenging UNCLOS

Following is an excerpt from my discussion in the recently concluded 5th Annual Meeting of the Japan Society of International Law held last June 15, 2014 at Chuo University in Tokyo. China’s snub of the Philippine arbitral claim on the West Philippine Sea and its slew of building projects on disputed reefs in the area […]

UP PROF: “CHINA CHALLENGING UNCLOS”

REF. Atty Romel Bagares 09166679802 China’s snub of the Philippine arbitral claim on the West Philippine Sea and its slew of building projects on disputed reefs in the area are “a serious and belligerent violation of” the UN Convention on the Law of the Sea (UNCLOS), of which it is a member, according to an […]

The EDCA: What's in it for us?

Why should we allow ourselves to be attacked by the enemies of the US when the US has not given us the same assurance it had given Japan that it would come to our assistance against China? Let’s compare exactly what President Barack Obama promised the Japanese and what he promised us. “Our commitment to […]

On Ayungin: Conquest No Longer Valid Means to AcquireTerritory

  Even if China were to remove the Sierra Madre from Ayungin shoal and build yet another artificial island there, it will never acquire title over the area. The reason: International Law has long outlawed the acquisition of territory through conquest. China also better rethink whether it should tow-awau a commissioned naval vessel. Derelicit as […]

China’s thrust for Ayungin and Marinduque's options

The news reported that China had recently blocked delivery of food supplies to our troops holed up in a derelict US ship in Ayungin shoal. To many, this is another first since it is the very first concrete step taken by China to take possession of the disputed shoal from us. In reality, though, this […]

Why the invasion of Ukraine concerns us

Russia’s invasion of Ukraine highlights how some countries can so easily breach the United Nations Charter provision on the prohibition on the use of force. Imperfect as the Charter may be, it has still achieved a tenuous peace since World War II by prohibiting resort to force except in two very well defined exceptions: self-defense, […]

Plunder and Malampaya: Justice delayed is justice denied

In February of 2004, civil society led by Bishop Pedro Dulay Arigo of Palawan, Cesar Sarino, the late Dr Gerry Ortega, the late Dr. Jose Antonio Socrates, Prof. Oscar Evangelista and Cesar R. Ventura and I filed suit before the Supreme Court questioning the legality of President Gloria Macapagal Arroyo’s use of the government proceeds […]

AMPATUAN VICTIMS TO SEEK REDRESS WITH UN COMMITTEE ON HUMAN RIGHTS. 14 Victims signed authority to negotiate a settlement with Ampatuans

On the occasion of the 43rd month commemoration of the Ampatuan massacre, Prof. Harry Roque, Chairman of the Center for International Law and Private Prosecutor of 17 media victims of the massacre, announced that their clients will resort to a filing of a communication with the United Nations Human Rights Committee for the Philippine government’s […]

Big Brother Spying

Americans were enraged when whistleblower Edward Snowden declared that the government was spying on them. According to the whistleblower, he was one of those whose job was to eavesdrop on phone conversations and access email communication without court authorization. This was shocking to the public because of well-established US jurisprudence that protects the people’s right […]