On Friday, the Philippine government enacted two long-awaited laws to reinforce its jurisdiction over its western exclusive economic zone, where China has been steadily encroaching for the last 10 years. The new legislation drew immediate pushback from Beijing, and China's foreign ministry summoned the Philippine ambassador to register its objections.
"With these pieces of legislation, we align our domestic laws with international law, specifically the United Nations Convention on the Law of the Sea or UNCLOS, improve our capacity for governance, and reinforce our maritime policies for economic development and for national security," said Philippine President Ferdinand Marcos Jr. "Our people, especially our fisher folk, should be able to pursue their livelihood free from uncertainty and harassment."
The new Maritime Zones Act formally designates the Philippines' economic zone boundaries, and the new Archipelagic Sea Lanes Act describes a set of designated sea lanes for merchant shipping.
While the Philippines' EEZ is well-defined under UNCLOS, the new Maritime Zones Act reinforces the country's sovereign claim by enshrining it in national law. It also formalizes the government's preferred term for the contested area: for the purposes of Philippine law, the portion of the South China Sea that falls within the Philippine EEZ is now the "West Philippine Sea," removing the word "China" from the area.
"There’s no space for doubt because it’s clear under international law and our domestic laws where our limits are," maritime law expert Jay Batongbacal explained to Rappler. "That’s the final step to make clear what is ours."
In addition, the new Archipelagic Sea Lanes Act will set out three new standard routes for navigation through Philippine waters, and Manila will submit these to the IMO for debate and approval. Indonesia is the only other nation to have gone through this consultative process.
China's government summoned the Philippine ambassador immediately after the laws were signed, and Chinese officials delivered a vigorous and public protest.
China claims sovereignty over almost all of the South China Sea, citing a history of Chinese navigation and activity in the region. Its claim area encompasses international waters and the EEZs of its neighbors, up to a thousand nautical miles away from the Chinese mainland. Beijing asserts that the UN Convention on the Law of the Sea validates its historically-based claim, but the treaty is based on physical distances, and lacks text regarding historical events. The Permanent Court of Arbitration in the Hague ruled against China's sweeping claims in 2016; however, the China Coast Guard continues to attempt to implement Chinese control over the Philippine EEZ using water-cannoning, ramming, boarding and vessel confiscation.
"The so-called arbitral award on the South China Sea is illegal, null and void. China does not accept or recognize it. We oppose and do not accept any claim or action based on the award," explained Chinese foreign ministry spokeswoman Mao Ning on Friday. "The Philippines seeks to justify its illegal claims and actions in the South China Sea by approving the so-called “Maritime Zones Act” in the name of implementing UNCLOS. This is illegal, null and void. . . . China will firmly oppose any infringement activities and provocations by the Philippines in the South China Sea based on the act."
