The Philippines is making strides towards implementing a maritime law that will bolster the 2016 ruling by The Hague arbitration tribunal and assert its sovereignty over disputed areas within its exclusive economic zone (EEZ), including two Chinese-built military atolls. The Maritime Zones Act, which has been approved by Congress and is awaiting President Ferdinand Marcos Jnr’s signature, is seen as a strong stance against Beijing’s expansive claims in the South China Sea. This legislation also shines a spotlight on two militarized atolls occupied by China: Hughes Reef and Mischief Reef.
According to maritime law expert Jay Batongbacal, the proposed law solidifies the Philippines’ adherence to the United Nations Convention on the Law of the Sea (Unclos) and enforces the 2016 arbitral ruling for the first time. Despite not explicitly mentioning China, Senator Francis Tolentino, the main sponsor of the bill, emphasized the need to push back against Chinese aggression in the West Philippine Sea.
China has expressed opposition to the proposed law, stating that it aims to enforce an “illegal” arbitral award and put a legal façade on the Philippines’ actions in the South China Sea. However, Tolentino has maintained that China cannot veto the law and that it is essential for the Philippines to take a firm stand against bullying tactics.
The latest version of the legislation defines the Philippines’ maritime zones and entitlements within each area, including the territorial sea, contiguous zone, and exclusive economic zone. It asserts Manila’s rights to construct and regulate artificial islands within its EEZ, sending a clear message to potential violators.
By including the arbitral victory in the Maritime Zones Act, the Philippines aims to clarify the boundaries of its EEZ, protect Filipino fishermen, and counter China’s unlawful occupation of artificial islands within Philippine territory. The law also provides for penal sanctions for violators, emphasizing the country’s commitment to upholding maritime law.
While the proposed law does not address territorial disputes such as the claim on Sabah, Tolentino highlighted that separate legislation would be needed to handle such issues. The focus of the Maritime Zones Act is on upholding Unclos principles and asserting the Philippines’ rights in maritime zones.
Overall, the enactment of the Maritime Zones Act represents a significant step for the Philippines in asserting its sovereignty and enforcing international maritime law in the South China Sea. This legal strategy serves to protect the country’s interests and push back against external threats to its sovereignty and territorial integrity.
