China has objected the Philippines’ new maritime laws, claiming that the legislation “severely infringes on” Beijing’s territorial sovereignty and rights in the South China Sea, after President Ferdinand Marcos Jr signed two laws on November 8, asserting the Philippines’ claims over its maritime zones, especially in the contested West Philippine Sea.

West Philippine Sea is the official designation by the government of the Philippines to the parts of the South China Sea that are included in the country’s exclusive economic zone.

Marcos enacted the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act, which defined the country’s territorial sea, archipelagic waters, and air routes.

But China strongly opposed these laws. The Chinese government summoned the Philippine ambassador and issued a “strong protest”, accusing the Philippines of unlawfully incorporating Chinese territory into Philippine maritime zones.

On November 10, China’s Foreign Ministry expressed opposition to the laws. Beijing emphasized that the laws delimited China’s sovereignty and declared China’s “baselines” of the territorial sea adjacent to Scarborough Shoal.

“This is a natural step by the Chinese government to lawfully strengthen marine management and is consistent with international law and common practices,” a Chinese foreign ministry spokesperson said in a statement.

China further accused Manila of “solidifying the illegal arbitral award” from the 2016 South China Sea ruling, which rejected China’s broad territorial claims in the region. Beijing argued that the Philippine laws unlawfully incorporated Chinese territory into Philippine maritime zones.

“This move severely violates China’s territorial sovereignty and maritime rights and interests in the South China Sea. China firmly opposes it and will continue to do everything necessary in accordance with law to firmly defend its territorial sovereignty and maritime rights and interests,” China said.

Philippines’ Republic Act No. 12064, or the Philippine Maritime Zones Act, defines the country’s maritime zones, including internal waters, archipelagic waters, a 22.22-kilometer (12-nautical-mile) territorial sea, a 44.45-km (24-nautical-mile) contiguous zone from the baseline, a 370-km (200-nautical-mile) exclusive economic zone, and continental shelf in compliance with the United Nations Convention on the Law of the Sea (UNCLOS) and existing laws and treaties.

Meanwhile, Republic Act No. 12065, or the Philippine Archipelagic Sea Lanes Act, designates the country’s archipelagic sea lanes and air routes, regulating foreign military and foreign-registered vessels and aircraft to navigate under international laws.

China has controlled Scarborough Shoal since 2012. Beijing has reiterated that the shoal lies within its territory. It has defended its new baselines as being consistent with international law, such as UNCLOS and the Law of the People’s Republic of China on the Territorial Sea and the Contiguous Zone.

In a separate statement, China’s coast guard accused the Philippines of “frequently sending military and coast guard vessels and aircraft … to intrude into the sea and airspace near Huangyan Dao, causing disturbances and provocations.”

The Chinese coast guard vowed to “continue to strengthen patrols and law enforcement in the territorial sea of Scarborough Shoal and relevant waters”.

U.S. backs new Philippine maritime laws 

The U.S. has expressed strong support for the Philippines’ newly enacted maritime laws. On November 9, U.S. State Department spokesperson Matthew Miller affirmed that the Maritime Zones Act aligned Philippine law with the 1982 Law of the Sea Convention and the 2016 Arbitral Tribunal ruling.

“The United States supports the Philippines’ enactment of the Maritime Zones Act, signed into law by President (Ferdinand R.) Marcos (Jr.) on November 8, 2024. The Maritime Zones Act aligns Philippine domestic laws with the 1982 Law of the Sea Convention and the 2016 Arbitral Tribunal ruling,” Miller said.

“This law defines the Philippines’ internal waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf in line with the Convention,” he added.

According to Miller, other nations including members of the Association of Southeast Asian Nations (ASEAN), have enacted similar legislation.

“The passage of the Maritime Zones Act by the Philippines is a routine matter and further clarifies Philippine maritime law,” he said, adding that the U.S. “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.”

During the Manila Dialogue on November 8, U.S. Ambassador MaryKay Carlson reiterated U.S. support for the Philippines.

“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,” Carlson said.

Carlson highlighted the shared commitment of the U.S., the Philippines, and other like-minded partners to a free, open, and resilient Indo-Pacific region.

“Standing up for the rules-based order in the South China Sea is an integral part of advancing this shared vision. This is why the United States has been unequivocal in supporting the historic 2016 Arbitral Tribunal decision, a milestone that affirmed the rights of the Philippines in the South China Sea as set out in the United Nations Convention on the Law of the Sea,” she said.

“The Philippines and the United States are not alone — many nations have expressed support for the 2016 ruling which, as set out in the text of the Convention, is final and legally binding on both the Philippines and the PRC,” Carlson said.

“This is in part because of the implication of the ruling for the international community. By firmly rejecting the PRC’s expansive maritime claims and affirming the Philippines’ sovereign rights and jurisdiction in the South China Sea, the Tribunal showed that international law is more than just a concept and that it applies to all countries, regardless of their relative economic or military power,” she emphasized.

Tensions between Chinese and Philippine coast guards and naval forces in the West Philippine Sea have sharply escalated in recent months. Multiple confrontations have occurred, with Chinese vessels ramming and using water cannons against Philippine ships, resulting in damage and injuries.

The growing crisis has raised concerns that the U.S., a treaty ally of the Philippines, could be drawn into a major conflict.

New laws boost Philippines’ peaceful maritime activities 

The National Security Council of the Philippines vowed on November 9 to ensure the full implementation of the two new laws.

National Security Adviser Eduardo Año expressed gratitude to President Marcos for signing the legislation, which strengthened the country’s maritime sovereignty.

“This marks a pivotal moment in fortifying our maritime sovereignty and securing our national interests, aligned with international law and in accordance with the Philippines’ rights and obligations under UNCLOS (United Nations Convention on the Law of the Sea),” Año said.

“With the Philippine Maritime Zones Act, we reaffirm our sovereignty over our internal waters, territorial sea, archipelagic waters, as well as our sovereign rights and jurisdiction over the exclusive economic zone (EEZ) and continental shelf,” he added.

Año emphasized that the new laws provided a robust framework for protecting the Philippines’ maritime resources and ensured their sustainable use for the benefit of the Filipino people. He also highlighted the importance of the Archipelagic Sea Lanes Act in regulating foreign vessels and aircraft within Philippine waters.

“These laws empower us to govern our maritime zones effectively, while promoting lawful and peaceful maritime activities,” Año said.

He also reiterated that the Philippine government remains committed to working closely with all stakeholders to ensure the full implementation of these laws.

Photo credit: Philippine Presidential Communications Office. President Marcos Jr (center) at ceremonial signing of maritime laws at Malacañang Palace on November 8.