China hits, US backs new PH maritime law

NEW laws defining the country's maritime zones and archipelagic boundaries drew fire from China while eliciting support from the United States late Friday.

Beijing summoned the Philippine ambassador to China to lodge formal protests over the enactment of the "Maritime Zones Act" and the "Archipelagic Sea Lanes Act," which it said includes territories claimed by China.

"Let me emphasize that the so-called Philippine Maritime Zones Act illegally includes China's Huangyan Dao (Scarborough Shoal, also known as Bajo de Masinloc), as well as most of the islands and reefs of China's Nansha Qundao (Spratly Islands), along with their associated waters, within the Philippines' maritime zones," said Mao Ning, spokesman for China's Ministry of Foreign Affairs, during a press conference Friday, Nov. 8.

She said the legislation seeks to legitimize "illegal arbitral awards" related to the South China Sea.

China's position was issued hours after President Ferdinand Marcos Jr. signed the Maritime Zones Act and the Archipelagic Sea Lanes Act into law to strengthen the Philippines' maritime claims and territorial integrity.

In a ceremony in Malacañang, the President signed the Republic Act (RA) 12064, the Philippine Maritime Zones Act, and RA 12065, or the Philippine Archipelagic Sea Lanes Act.

In his speech, Marcos said the two new laws would assert the country's rights as an archipelagic state while fulfilling its obligations under international law.

"The passage of these two priority bills fully demonstrates our commitment as a responsible member of the international community and our advocacy to uphold rules-based global order," Marcos said.

"In the same breath, these [laws] signal our resolve to protect our maritime resources, preserve our rich biodiversity, and ensure that our waters remain a source of life and livelihood for all Filipinos," he added.

However, China claimed that this action violated its territorial sovereignty, maritime rights and interests in the South China Sea.

"We strongly condemn and firmly oppose this situation. China's territorial sovereignty and maritime rights in the South China Sea are firmly based on historical and legal grounds. They comply with international law, including the United Nations Convention on the Law of the Sea (Unclos). They will not be impacted by the 'Philippines Maritime Zones Act,'" Mao said.

The 2016 arbitral award on the South China Sea that favored the Philippines was illegal, null, and void, Mao said. "China does not accept or recognize it. We oppose and do not accept any claim or action based on the award," Mao added.

"The Philippines seeks to justify its illegal claims and actions in the South China Sea by approving the so-called "Maritime Zones Act" to implement Unclos. This is illegal, null and void," she said.

She alleged that the Philippine legislation also violates the Declaration on the Conduct of Parties in the South China Sea and will make the situation in the South China Sea "more complex."

"China will firmly oppose any infringement activities and provocations by the Philippines in the South China Sea based on the act," Mao emphasized.

"China urges the Philippines to earnestly respect China's territorial sovereignty, maritime rights, and interests, immediately end any unilateral move that may escalate the dispute and complicate the situation, and keep the South China Sea peaceful and stable," the foreign ministry said.

Mao said China reserves the right to take all measures necessary.

"We ask the Philippines to abide by international law earnestly and not to undermine other countries' lawful rights under Unclos and other international law," she added.

Meanwhile, the US State Department supported the Philippines' Maritime Zones Act, which aligns the country's domestic laws with the 1982 Law of the Sea Convention and the 2016 Arbitral Tribunal ruling.

"This law defines the Philippines' internal waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf in line with the Convention," said Mathew Miller, spokesman of the US State Department, in a statement Friday.

Miller said many other nations, including fellow members of the Association of Southeast Asian Nations, have enacted similar legislation over the years. He said the Philippines' passage of the Maritime Zones Act is a routine matter and further clarifies Philippine maritime law.

"The United States values Philippine leadership in upholding international law, particularly in the South China Sea, and calls on all states to comport their maritime claims to the international law of the sea as reflected in the Convention," the US State Department spokesman said.

Senate Deputy Minority Leader Risa Hontiveros welcomed the enactment of the two landmark legislations defining the Philippines' maritime zones and archipelagic sea lanes.

"I have supported these measures since they were first introduced in the Senate, as they are crucial in safeguarding our territorial claims in the West Philippine Sea. I am the author of the Philippine Maritime Zones Act, which is meant to help us determine and establish our maritime zones' legal regimes and geographical extent through Unclos," Hontiveros said.

"Ultimately, these new laws help secure what is ours — our waters, our rich marine life — today and for future generations," she added.

Meanwhile, University of the Philippines Institute of Maritime Affairs and Law of Sea executive director Jay Batongbacal said the Maritime Zones Act merely clarifies the exact metes and bounds of the country's jurisdiction in the South China Sea that are fully aligned with international law.

"If Beijing is sincere in having a dialogue about what we really are arguing and fighting for and where it is, they should accept this as proof of what we are claiming and to what extent," he said in Filipino.

"We are not expanding what we are claiming; we just made it clear because our claims have always been according to the law. Their claims are the ones that are vague to the point that they extend all the way to Pangasinan," he added.

During the Pacific Forum-organized Manila Dialogue on Friday, US Ambassador MaryKay Carlson said Washington, D.C., will continue standing with Manila in upholding a rules-based order in the South China Sea.

She reiterated that the US, along with other like-minded states, "unequivocally" backs the 2016 Arbitral Tribunal that invalidates Beijing's so-called historic rights over the vital sea lane.

"We are far from alone. More and more nations — from East Asia to Western Europe — have spoken out to support the Philippines, uphold international law, and urge the PRC to cease escalatory and dangerous actions that impede the exercise of freedom of navigation and overflight from which all nations benefit," she said.

Nothing provocative

A geopolitical analyst said Saturday there was "nothing provocative" about the Philippines' latest move to pass two laws declaring the maritime zones under Philippine jurisdiction and designating sea lanes in the country for foreign vessels and aircraft.

Don McLean Gill, an international studies lecturer at De La Salle University, said the signing of the twin maritime laws was in accordance with international law, the United Nations Convention on the Law of the Sea (Unclos) and the Permanent Court of Arbitration's 2016 ruling on the South China Sea.

"This is merely a reflection of the operation of international law. China is a party to the Unclos, so I believe that there shouldn't be any disruption or any divergence of interest," Gill said during a Saturday news forum in Quezon City.

"There's nothing provocative about that. It is merely upholding international law. And as an active stakeholder of the Indo-Pacific's rules-based maritime domain, this is a practical step, an important step for the Philippines," he added.

Gill said the new maritime laws were designed to safeguard the West Philippine Sea amid China's continued aggression.

"In terms of enforcement, this is where we would need to align this approach with what we are doing with our partners, our allies, our like-minded partners to enhance maritime security cooperation activities that we would need to operationalize the scope of the Maritime Zones Law," he said.

Apart from identifying the Philippine internal waters, the law also defines the archipelagic waters, full entitlement of a 12 nautical miles territorial sea, declaration of a 24 nautical miles contiguous zone from the baselines, and the 200 nautical miles exclusive economic zone and continental shelf where the Philippines can exercise sovereign rights and jurisdiction.

Marcos also affirmed on Friday the Philippine Archipelagic Sea Lanes Act or RA 12065, which ensures the protection of the country's sovereignty and maritime domain.

It will design routes and areas that shall be used and accessed by foreign military vessels and foreign-registered aircraft for passage — which follows the Unclos and the Convention on International Civil Aviation, or the "Chicago Convention."

Gill said it was inevitable that China would never appreciate any actions taken by the Philippines to uphold international law in the interest of securing its waters.

"China will always be frustrated. Anything that we will do to secure what is rightfully ours within international law is against the interest of any expansionist power. [To say] that this is a provocative issue, complicating the situation at hand, etcetera, is a natural reaction from them," Gill said.

"There would be challenges, but the importance here is we are on the defensive. We are defending; we are not provoking. We are not poking the bear; the bear is poking us. But still, we maintain a very defensive posture while keeping all lines of communication with China open," he added.

Meanwhile, National Security Adviser Eduardo Año said the two maritime laws empowered the Philippine government to effectively implement its maritime laws and jurisdiction "while promoting lawful and peaceful maritime activities.

In a statement, Año thanked the President for signing the two laws, marking "a pivotal moment in fortifying our maritime sovereignty and securing our national interests."

He also thanked the Senate and the House of Representatives for passing the landmark legislation, aligned with international laws and in accordance with the Philippines' rights and obligations under the Unclos.

"This law provides a clear and robust legal framework to protect and manage our maritime resources and entitlements, ensuring their sustainable use for the benefit of the Filipino people," Año said."In doing so, it further strengthens our legal standing in line with the 2016 arbitral ruling and international norms. Equally important is the Philippine Archipelagic Sea Lanes Act, which enables us to regulate the passage of foreign vessels and aircraft within our archipelagic waters," he added.

With the Philippine Maritime Zones Act, Año said the Philippines reaffirmed its sovereignty over its internal waters, territorial sea and archipelagic waters, as well as its sovereign rights and jurisdiction over the exclusive economic zone and continental shelf. WITH PNA