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Philippines Considers New UN Case to Establish Common Fishing Ground in Scarborough

Pasay city: The Philippines could potentially initiate another arbitration case before a United Nations tribunal to advocate for the establishment of a 'common fishing ground' in the Bajo de Masinloc, commonly known as Scarborough Shoal. This was suggested by retired Supreme Court Associate Justice Antonio Carpio during a forum held by Konrad Adenauer Stiftung-We Protect Our Seas (WPS).

According to Philippines News Agency, Carpio emphasized that this move could be one of several strategies Manila might employ to reinforce the 2016 Arbitral Award, which will celebrate its 10th anniversary on July 12. "The next step is you should go to the arbitral tribunal to ask the tribunal to establish a common fishing ground on Scarborough Shoal," Carpio stated in his presentation. He highlighted the necessity of establishing a fishing ground to ensure that Filipino fishermen, among others, could access the area freely.

Carpio further noted that filing this new case could deter China from erecting a monitoring station in the region. This action is considered a proactive measure following China's approval of a plan to develop a 'national nature reserve' on the feature. He stressed the importance of not solely relying on the existing arbitral award and instead strengthening it with additional awards, as they remain the primary means of asserting rights over the area.

The 2016 decision by the UN Arbitral Tribunal identified Scarborough Shoal as a traditional fishing ground for various nationalities, including the Philippines, China, and Vietnam. The tribunal also determined that China's deployment of official vessels at Scarborough Shoal since May 2012 had unlawfully obstructed Filipino fisherfolk from exercising their traditional fishing rights at the shoal.