On Friday, the Philippines enacted two significant maritime laws aimed at asserting its jurisdiction over contested areas in the South China Sea, a region where China has gradually increased its presence over the past decade. The legislative move drew immediate criticism from Beijing, with China’s foreign ministry summoning the Philippine ambassador to formally object.
Philippine Laws Reinforce Claims to Exclusive Economic Zone
Philippine President Ferdinand Marcos Jr. emphasized the importance of these laws in aligning national policy with international standards under the United Nations Convention on the Law of the Sea (UNCLOS). “Our people, especially our fisherfolk, should be able to pursue their livelihood free from uncertainty and harassment,” said Marcos. The newly enacted Maritime Zones Act formalizes the boundaries of the Philippines’ exclusive economic zone (EEZ) and redefines the contested area as the “West Philippine Sea,” solidifying the claim through national law and removing the reference to “China” in Philippine terminology.
Establishing Sea Lanes and Strengthening National Security
The second piece of legislation, the Archipelagic Sea Lanes Act, sets out new designated routes for shipping through Philippine waters, adding a regulatory framework to ensure safe navigation. Manila plans to present these lanes to the International Maritime Organization (IMO) for consideration, a step that only Indonesia has previously taken in the region.
The Philippines’ EEZ boundaries are clearly delineated under UNCLOS, but the new laws mark a further step in asserting control over the area. “There’s no space for doubt because it’s clear under international law and our domestic laws where our limits are,” said maritime law expert Jay Batongbacal, reinforcing the alignment between Philippine domestic law and UNCLOS in establishing a legally recognized maritime boundary.
China’s Reaction and the Ongoing Dispute
China swiftly reacted to the laws’ passage, calling them “illegal” and reiterating its broad claims to nearly the entire South China Sea. China’s assertions rely on historical navigation and presence, which extend over international waters and the EEZs of neighboring countries, even as far as a thousand nautical miles from its coastline. Beijing contends that UNCLOS supports its historical claims, though the treaty is fundamentally based on physical distances, not historical events.
In 2016, the Permanent Court of Arbitration in The Hague ruled that China’s extensive claims had no legal basis, a decision Beijing has refused to accept. Chinese vessels continue to enforce control over the Philippine EEZ through aggressive tactics, including ramming, boarding, and using water cannons on Philippine vessels. “The so-called arbitral award on the South China Sea is illegal, null and void,” stated Chinese foreign ministry spokeswoman Mao Ning. “China will firmly oppose any infringement activities and provocations by the Philippines based on the act.”
The Philippines’ new maritime legislation underscores the nation’s commitment to safeguarding its territory and aligning its maritime policies with international law, despite ongoing pressure from China. As tensions continue, the laws aim to support Filipino livelihoods and secure the region against foreign encroachments.
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