On November 8, 2024, the President of the Philippines signed two significant laws that emphasize the country’s rights over its vast maritime areas, including parts of the South China Sea. This move angered China, which has long claimed nearly the entire South China Sea.
New Laws Strengthen Philippines Control Over Maritime Resources
Top military and national security officials attended the signing of these two laws, which are known as the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act.
The laws underscore Manila’s commitment to protect its maritime territories, preserving critical fishing zones, energy resources, and marine biodiversity for Filipinos. They also aim to enforce strict penalties on anyone violating these newly established zones, where the Philippines claims full rights to resources and security. President Marcos stated that the laws serve to protect Philippine waters, supporting Filipinos’ livelihoods and securing access to the area’s rich resources.
The Philippine Maritime Zones Act is grounded in international law, defining parts of the country’s waters where it holds full sovereignty. The law delineates the Exclusive Economic Zone (EEZ), an area extending 200 nautical miles (370 kilometers) from the coast, where the Philippines has exclusive rights to extract energy and other valuable resources. Foreign ships and aircraft are permitted to pass through this area under the internationally recognized principle of “innocent passage,” as long as they pose no threat to the country’s security.
The Archipelagic Sea Lanes Act, meanwhile, enables the Philippines to define specific routes through its archipelago where foreign vessels and aircraft can pass under its authority. These routes are regulated by Philippine law, aligning with international standards to ensure safety and order in the waters surrounding the country’s islands.
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China’s Strong Objection and the Broader Regional Conflict
Following the signing of these laws, China reacted sharply, summoning the Philippines’ Ambassador to lodge a formal complaint. The Philippines was accused by China’s Foreign Ministry of trying to “solidify the illegal ruling of the South China Sea arbitration case through domestic legislation,” and the move was denounced. Chinese officials argue that the new laws violate China’s “territorial sovereignty” and maritime interests, stating their strong opposition to the Philippine legislation.
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The South China Sea has been the center of heated disputes, with China claiming nearly the entire region based on historic grounds and vague dashed lines on maps. This claim is controversial and has faced backlash from several other nations in the area, including Malaysia, Vietnam, Taiwan, Indonesia, and the Philippines. Beijing has refused to acknowledge or abide by a 2016 international arbitration ruling that declared China’s claims to be unfounded. Instead, China has continued to assert its presence by constructing artificial islands and transforming several reefs in the disputed waters into military bases. One of these bases, Mischief Reef, lies within the Philippines’ EEZ, making the area even more sensitive.
As China strengthens its claims, the Philippine Coast Guard and Navy have faced confrontations with Chinese forces in the disputed waters, leading to rising tensions in the region. There is a growing concern that these confrontations could escalate into a significant conflict, possibly involving the United States, which is an ally of the Philippines under a longstanding treaty.
Laws Built on International Standards
The Philippine government’s decision to base these laws on the United Nations Convention on the Law of the Sea (UNCLOS) and a landmark 2016 ruling underscores its commitment to international norms. The 1982 UNCLOS framework allows coastal states to claim territorial waters, establish Exclusive Economic Zones, and regulate sea and air passage through archipelagic routes. According to the Philippine government, these laws align with the country’s rights as defined by UNCLOS and are essential to maintaining its territorial integrity.
UNCLOS grants the Philippines sovereign rights over its 200-nautical-mile EEZ, enabling the country to develop and use natural resources, such as oil and fish, without interference. Under this framework, the Philippine government insists that artificial islands within its EEZ belong to the Philippines. China, however, has been known to deploy its coast guard, naval, and maritime militia vessels in the region to assert its claims, using tactics like water cannons and military-grade lasers to intimidate vessels from other nations.
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National Security Adviser Eduardo Año emphasized that these laws are essential for the Philippines to secure its territory and resources, and to defend itself against unauthorized activities within its jurisdiction. The Philippine government has stated that these laws are in full compliance with international law, specifically UNCLOS, even if their provisions challenge China’s position.
Copies of the laws have not yet been widely distributed, but one provision from the final draft of the Philippine Maritime Zones Act declares that all artificial islands within the Philippine EEZ are property of the Philippine government. China’s creation of artificial islands in Philippine-claimed territory is directly contested by this point. It also allows the Philippines to take a stronger stance on the 2016 ruling that invalidated China’s claims based on historical maps.
As these laws go into effect, they are seen as a declaration of Manila’s right to protect its waters and manage its natural resources, despite China’s claims over the disputed territory. This new legislation strengthens the Philippines’ ability to safeguard its maritime territories, creating a legal foundation for protecting its resources, and reaffirms its dedication to complying with international laws governing the seas.
