Thursday, July 27, 2017

West Philippine Sea: Unconstitutional and much-abused concept of "joint development "

The Philippines and China are now openly (and brazenly) discussing the terms and conditions of the total surrender to China of our UNCLOS-affirmed Exclusive Economic Zone (EEZ) and the rich multi-trillion-peso resources in the West Philippine Sea (WPS).

The business tool or disguise being used by the leaders of the Philippines and China is the unconstitutional and much-abused concept of "joint development ".

Article XII, National Patrimony, of the 1987 Constitution expressly prohibits "joint ventures" between the Philippines and another state where both states act as "independent state-partners" and "state co-owners" of exclusive Philippine natural resources.

Article XII allows the execution only of "technical and financial service agreements".

Under this constitutional scheme the Philippines, as the "absolute state-owner" of its own natural resources ("regalian doctrine" in Political Law), enters into special "technical and financial agreements" with "private investors" (not "states") to develop its natural resources.

The private investors are paid in terms of "royalties" or the like. They are not deemed to be "co-owners" of the Philippine natural resources.

We have to monitor this grave issue closely because Philippine National Interest is at stake here.

Duterte is willing to act like a slave to China to appease his new communist masters and benefactors in Beijing at the expense of our future generations.

The track record of China in dealing with foreign states, politicians and business leaders is replete with reported incidents of massive corruption.

Engaging in corruption-tainted deals is the best and the fastest way of transacting business with autocrats and their loyalists in the government and their fanatics in the private sector.

China knows this. Why? Because it is one of the most corrupt states in the world. Many of its state-owned enterprises and subsidized business corporations have been blacklisted by the World Bank for corruption and other unfair dealings.

The notorious administration of Gloria Arroyo, a Chinese-controlled leader and Duterte's political adviser and funder, is one good example of how China manipulates and induces foreign leaders in small and powerless developing states.

Chinese Foreign Minister Wang Yi is pushing for joint development in the disputed West Philippine Sea. FULL STORY: