Philippines Enacts Maritime Laws Challenging China's South China Sea Claims Amid Rising Tensions

By Jessica Huang

In a photo released by the Malacañang Presidential Communications Office, Philippine President Ferdinand Marcos Jr. is seen holding a document alongside Senate President Francis Escudero (left) and House Speaker Martin Romualdez (right) during the ceremonial signing of the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act at the Malacañang Palace in Manila, Philippines, on Friday, November 8, 2024.

 
Philippine President Ferdinand Marcos Jr. signed two laws on Friday (November 8) affirming the country's maritime boundaries and resource rights, including in the South China Sea, a move that provoked China, which claims nearly the entire disputed waterway.
China's foreign ministry summoned the Philippine ambassador to issue a "stern protest." The ministry criticized the legislation, accusing it of attempting to enforce the "illegal ruling of the South China Sea arbitration case" through domestic laws.
Tensions between Chinese and Philippine coast guard and naval forces in the contested waters have escalated sharply since last year, raising concerns that the United States, Manila's longstanding treaty ally, could be drawn into a broader conflict.
The newly signed laws, the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act were enacted during a nationally televised ceremony attended by high-ranking military and security officials. The legislation reinforces Manila's rejection of China's sweeping claims over the South China Sea and imposes penalties for violations, including imprisonment and hefty fines.
President Marcos revealed that these laws are a testament to Philippine's unwavering commitment to safeguarding their maritime resources, preserving biodiversity, and ensuring that their waters continue to sustain the lives and livelihoods of all Filipinos. Chinese Foreign Ministry spokesperson Mao Ning's criticism, stating that it seriously infringes on China's territorial sovereignty and maritime rights in the South China Sea, only serves to strengthen our resolve. China's strong condemnation and firm opposition to this action further highlight the significance of Philippine's stance.
Last year, China released a new national map marking its claim to almost the entire South China Sea with ambiguous dash lines, despite a 2016 international arbitration ruling that invalidated China's expansive territorial claims based on historical assertions. This sparked protests and rejections from neighboring coastal states and governments, including Malaysia, Vietnam, Taiwan, Indonesia, and the Philippines.
According to Philippine officials, the Maritime Zones Act defines key areas of the Philippine archipelago and surrounding waters where the country holds full sovereignty and sovereign rights under international law and the 1982 U.N. Convention on the Law of the Sea (UNCLOS).
These zones include the Exclusive Economic Zone (EEZ), a 200-nautical-mile (370-kilometer) stretch where the Philippines has exclusive rights to exploit energy and other resources. Foreign ships and aircraft can pass through this zone under the principle of innocent passage, provided the coastal state's security is not threatened.
The Archipelagic Sea Lanes Act permits the Philippines to designate specific sea lanes and air routes within its archipelago for foreign ships and aircraft to transit, subject to its regulations and by international law.
Philippine's National Security Adviser Eduardo Ano stated that these legal measures strengthen the country's territorial claims and improve its ability to protect against infringements.
On the other hand, President Marcos emphasized that the laws align with international law and UNCLOS, demonstrating the Philippines' respect for global norms. Despite the provisions conflicting with Beijing's claims in the South China Sea, the Philippines remains steadfast in its commitment to international law.
The enforcement of these newly signed laws, which will take effect 15 days after their publication in the official gazette or a newspaper, remains uncertain due to China's increasingly assertive efforts to assert its claims.
While the full text of the laws was not immediately available, a finalized version of the maritime zones bill states that all artificial islands constructed within the Philippine Exclusive Economic Zone (EEZ) are considered property of the Philippine government.
China has built seven disputed reefs into heavily militarized island bases, including Mischief Reef, which is located within the Philippine EEZ.
China, however, refused to participate in the arbitration, rejected its outcome, and continues to disregard it. Using its extensive coast guard, navy, air force, and suspected militia fleets, China has employed tactics like water cannons, military-grade lasers, and risky sea and air maneuvers to intimidate other claimants it accuses of encroaching on its territory.
The United States has reiterated its commitment to defend the Philippines, its oldest treaty ally in Asia, if Filipino forces, aircraft, or vessels are attacked in the disputed waters. This international support serves as a reassurance of the Philippines' position in the escalating tensions.

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