The Philippines has been proactive in delineating its own territories amid a face-off with China in the disputed South China Sea. On November 8, Philippine President Ferdinand Marcos Jr signed two laws, the Maritime Zones Act and Archipelagic Sea Lanes Act, maintaining the degree of his country’s maritime boundaries and right to resources. He added that the two Acts abide by international law and UN Convention on the Law of the Sea (UNCLOS).
China insists on sovereignty over almost all of the South China Sea, which is rich in fishing stocks, oil and gas, and is also a key global trade route. In 2016, China rejected an international arbitration ruling which stated it has no legal basis for the expansive claims. China refuses to accept this 2016 UNCLOS ruling, of which it is a State Party to UNCLOS, and dismissed the ruling as “nothing more than a piece of waste paper”.
The Maritime Zones Act outlines major parts of the Philippine archipelago’s territory and outlying waters where it has full sovereignty and sovereign rights as per international law and the 1982 UNCLOS.
The zones encapsulate the country’s exclusive economic zone (EEZ), a 200-nautical-mile (370-kilometer) stretch of water, where a coastal state like the Philippines enjoys exclusive rights to harness energy and other resources.
Moreover, the Philippines can have sea lanes and air routes in the archipelago because of the sea lanes, thus permitting foreign ships and aircraft to pass by in adherence to international law.
“These legal instruments solidify our territory and enhance our ability to protect our country against any infringement,” National security adviser Eduardo Ano said.
Tensions between China and the Philippines in the disputed waters have increased since 2023. In recent months, multiple confrontations have occurred, with Chinese vessels ramming and using water cannons against Philippine ships, resulting in damage and injuries. The animosities have ignited concerns that the U.S. — Manila’s longtime treaty ally — may be involved in any standoff the Philippines may have with China.
Marcos said the Maritime Zones Law “clearly defines the extent of our maritime entitlements and fully declares their meets and bounds in accordance with our constitution…This is essential in establishing the extent of our maritime jurisdiction and to ensure that our rights and duties as an archipelagic state are well defined in order that all Filipinos can rightfully enjoy the riches of our seas.”
The president pointed out that Philippine fisherfolk should be able to conduct their lives “free from uncertainty and harassment” and the country should be able to tap mineral and energy resources in the sea bed.
Regarding the Archipelagic Sea Lanes Act, Marcos stated that “the designated archipelagic sea lanes and air routes aim to facilitate safe passage for foreign ships and aircraft without compromising national security or diminishing security for good environmental stewardship.”
“These sea lanes will offer continuous, expeditious, and unobstructed transit for vessels and air transport while obliging them to comply with navigational regulations and procedures, as well as with the air rules of flight safety and protocols,” he elaborated.
With these two new laws, Manila has further reinforced its stance of dismissing China’s claims to all of the disputed waterway, outlining penalties such as prison terms and hefty fines for trespassers. Marcos said the laws signaled resolve to protect maritime resources, preserve biodiversity and ensure the waters remain a source of life and livelihood for all Filipinos.
Shortly after Marcos signed the two Acts into law, China’s foreign ministry summoned the Philippines ambassador to China to file a “stern protest.” The ministry slammed the decision as an effort to “solidify the illegal ruling of the South China Sea arbitration case through domestic legislation”. Spokesperson Mao Ning said Philippine’s action “seriously infringes on China’s territorial sovereignty and maritime rights and interests in the South China Sea”.
In a separate statement on November 10, China’s Ministry of Foreign Affairs stated that it “will continue to take all necessary measures in accordance with the law to resolutely defend the country’s territorial sovereignty and maritime rights and interests”.
Last year, China published a new national map, maintaining its claim to virtually the entire South China Sea with ambiguous dash lines that sparked indignation and protests from neighboring countries, including Malaysia, Vietnam, Taiwan, Indonesia and the Philippines.
Photo credit: iStock/ MariJose64