The Philippines recently passed two major laws— the Maritime Zones Act and the Archipelagic Sea Lanes Act—to strengthen its control and authority over its territorial waters. These new laws aim to protect the Philippines’ sovereign rights over its maritime zones, particularly in the West Philippine Sea, which is part of the larger, heavily disputed South China Sea.
Under these laws, the Philippines has defined its territorial sea, exclusive economic zone (EEZ), internal waters, and other maritime boundaries according to international law.
This move aligns Philippine domestic laws with the United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 Arbitral Tribunal ruling, both of which reject China’s extensive claims over the South China Sea. These laws allow the Philippines to protect its resources, secure its territories, and regulate the movement of foreign ships and aircraft within its waters.
Background on the New Philippine Laws
The United States welcomed this legislative development, praising the Philippines for upholding international law. According to U.S. officials, this legal update is consistent with practices in other Southeast Asian nations and serves to clarify the Philippines’ stance on its maritime rights. Filipino authorities have emphasized that the laws aim to secure the country’s maritime resources and ensure the sustainable use of these assets for future generations.
China strongly opposes these new Philippine laws, viewing them as a threat to its claims in the South China Sea. Following the laws’ passage, China expressed anger, calling the Philippine legislation an infringement on its “territorial sovereignty.” The Chinese Foreign Ministry labeled the measures as an attempt by the Philippines to use domestic laws to support an “illegal” ruling from the South China Sea arbitration case in 2016.
In response, China took the diplomatic step of summoning the Philippine ambassador, delivering a formal protest over the new laws. According to Chinese officials, the laws passed by the Philippines directly conflict with China’s territorial claims. These officials claim that the new Philippine measures challenge China’s “historical rights” over the region, a claim that China has long asserted but that international courts and neighboring countries do not recognize.
The tension between the Philippines and China over these waters is not new. The South China Sea is one of the world’s most contested regions, with multiple countries, including Vietnam, Malaysia, and Taiwan, disputing China’s claim. In 2019, China drew more attention by releasing a new national map, showing almost the entire South China Sea within its territory using dashed lines. This move received pushback from other countries in the region and has heightened tensions over territorial rights.
China’s Reaction to the New Laws
These new laws add to the ongoing conflict between the Philippines and China, especially in the waters surrounding the West Philippine Sea. Philippine authorities view these measures as necessary steps to solidify their country’s control over its waters and safeguard its maritime resources. However, China’s response underscores the reality that tensions in the region are far from settled.
In recent years, there have been multiple confrontations between the Philippine Coast Guard and Chinese naval forces in these disputed waters. Filipino vessels patrolling their maritime zones have faced aggressive tactics from Chinese vessels, including water cannons, dangerous maneuvers, and even laser beams. This behavior has raised alarm in the Philippines and led to stronger U.S. support under their Mutual Defense Treaty. According to this treaty, the U.S. is obligated to defend the Philippines if it faces an armed attack in the West Philippine Sea, strengthening the U.S.-Philippine alliance.
The new Maritime Zones Act and Archipelagic Sea Lanes Act also impose penalties on violators, including jail time and fines. This legislation is designed not only to clarify boundaries but also to regulate the activities of foreign vessels, reinforcing the Philippines’ right to manage and protect its waters from encroachment.
The Archipelagic Sea Lanes Act enables the Philippines to specify designated routes where foreign vessels can pass through its archipelago. This law requires foreign ships and aircraft to follow certain paths to ensure that their activities do not threaten Philippine security. In other words, while foreign vessels still have the right to pass through certain areas, the Philippine government has taken steps to ensure this activity occurs in a controlled and secure manner.
Rising Security Concerns and Implications
China’s main grievance stems from how the Maritime Zones Act affirms the Philippines’ exclusive control over artificial islands and reefs within its EEZ. China has previously built military installations on disputed reefs, such as Mischief Reef, which falls within the Philippines’ EEZ. These islands now host Chinese airstrips, radar systems, and other military facilities, heightening regional tensions. Despite international rulings that oppose China’s claim to these areas, Chinese authorities continue to assert their right to build and operate on these islands.
The Philippines’ legislative move reaffirms its rights to these territories and serves as a legal basis to oppose China’s continued development of disputed reefs and islands. The law also states that artificial islands within the Philippine EEZ are under the jurisdiction of the Philippines, a clear message to China that its activities in these zones are considered a violation of Philippine sovereignty.
In response to the new Philippine laws, China remains defiant, with officials reiterating that they will not recognize the 2016 Arbitral Tribunal ruling, dismissing it as “a piece of paper.” Despite this stance, the Philippines has stressed that these new laws are based on both international law and the arbitral ruling, underscoring their legitimacy.
As the West Philippine Sea becomes an increasingly contested zone, the presence of both Philippine and Chinese naval forces has grown. The U.S. has also voiced its support for the Philippines, and while no specific actions have been outlined, Washington has reiterated its commitment to defending its ally under the Mutual Defense Treaty. This development has added an international dimension to the dispute, with more nations watching closely to see how this situation unfolds.
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