MANILA, Philippines — Former Supreme Court Associate Justice Antonio Carpio warned that the Philippines must object to China’s high seas claim under the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, saying the country has until December 2026 to file a counterdeclaration.
Speaking at a forum hosted by the Stratbase Institute and the Embassy of France in the Philippines on Tuesday, Carpio said a counterdeclaration is necessary to prevent the doctrine of acquiescence, under which inaction or silence may be taken as acceptance of a legal claim.
Designed to regulate the conservation and sustainable use of biodiversity in international waters, the BBNJ Agreement took effect on Jan. 17, 2026, after the Philippines ratified the treaty as its 65th state party in September 2025.
He pointed out that China ratified the BBNJ Agreement in December 2025 and accompanied it with a declaration asserting “sovereign rights and jurisdiction” over areas of the South China Sea internationally regarded as high seas.
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Carpio stressed that the Philippines has only a limited window—until December 2026, or roughly six months from now—to submit a timely counterdeclaration.
“We should protest within one year from December 2025, when China made its declaration upon ratifying the treaty. We need to make a counterdeclaration,” Carpio said.
Failure to do so, he warned, could be interpreted as implicit acceptance of China’s claims, potentially affecting Philippine maritime entitlements, including parts of its exclusive economic zone.
Carpio also warned that the country risks losing a sea area larger than its total landmass.
“Up to today, no state has protested. The protest must be timely,” he added. “We need to make a counterdeclaration that the high seas treaty applies to the South China Sea high seas, and the Philippines must assert it.”
Carpio stressed that the Philippines should formally object to China’s BBNJ declaration to prevent the doctrine of acquiescence, under which silence may be taken as acceptance of a legal claim.
He also urged the Philippines to take advantage of the first Conference of Parties (COP-1) under the BBNJ Agreement, expected later this year, by proposing a Marine Protected Area (MPA) in the high seas of the South China Sea.
Such a proposal, if approved by member states, could reinforce international recognition that high seas exist in the area and challenge China’s expansive maritime claims.
Since creating an MPA requires a three-fourths majority vote when consensus is not achieved, approval of the proposal would effectively signal international rejection of China’s expansive “ten-dash line” claims in the region.
“The world will vote whether there are high seas in the South China Sea or not,” Carpio explained.
International human rights lawyer Dr. Mary Baleva echoed the concern, stressing that the issue is time-sensitive and should be given immediate attention by the government.
Experts said the BBNJ Agreement is particularly important for the Philippines because of its rich marine biodiversity and dependence on ocean resources for food security and economic activity.
According to Stratbase Institute President Victor Andres Manhit, the treaty, together with the 2016 arbitral award, strengthens the framework for rules-based governance in the West Philippine Sea, although he said “the challenge before us is implementation.”
“The Arbitral Award must continue to be defended, and the BBNJ Agreement must be translated into concrete action,” he said. “We believe that the Philippines cannot—and should not—stand alone.” /mcm
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