Philippines passes landmark maritime laws to reinforce sovereign rights in West Philippine Sea  

President Ferdinand Marcos Jr on November 8 signed into law two landmark bills designed to reinforce the Philippines’ territorial rights in the West Philippine Sea: the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act. 

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.

These new laws solidified the country’s maritime claims and established a robust legal foundation for asserting its jurisdiction over vital waters, ensuring the protection of Philippine sovereignty amidst ongoing regional tensions.

The first law, the Philippine Maritime Zones Act, which will also be known as Republic Act (RA) No. 12064, formally delineated the country’s maritime zones in accordance with the United Nations Convention on the Law of the Sea (UNCLOS). 

The Act defined the full extent of the Philippines’ maritime domain and clarified the legal powers the country holds over these waters.

“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 so that all Filipinos can rightfully enjoy the riches of our seas,” Marcos said during the ceremonial signing at Malacañang Palace, the presidential office.

“Our people, especially our fisherfolk, should be able to pursue their livelihood without uncertainty or harassment. We must also harness the mineral and energy resources in our seabed,” Marcos said.

He also emphasized that these laws align domestic legislation with international law, improve governance, and reinforce maritime policies crucial for economic growth and national security.

A pivotal aspect of the new law was the formal acknowledgment of the 2016 South China Sea arbitral ruling, which invalidated China’s expansive claims over waters within the Philippines’ exclusive economic zone (EEZ), that extends 200 nautical miles from the country’s coast.

This landmark ruling has now been enshrined into Philippine law, ensuring that future administrations will be legally bound to uphold the decision.

“Maintaining the primacy of UNCLOS and the 2016 Arbitral Award as our beacons in the maritime domain, the Philippines reaffirms its sovereignty, sovereign rights, and jurisdiction in our waters,” Marcos said. 

“By defining and asserting our maritime zones, we project to the international community that we are staunchly committed to nurturing, cultivating, and protecting our maritime domain,” he added. 

The law also aimed to clarify the country’s rights and responsibilities in the region.

Ceremonial signing of maritime laws at Malacañang Palace on November 8.

Archipelagic sea lanes

The second law, the Philippine Archipelagic Sea Lanes Act (Republic Act No. 12065), designated specific sea lanes and air routes through the Philippines’ waters for foreign vessels, including both civilian and military craft. 

This law complied with UNCLOS and the Chicago Convention on International Civil Aviation, seeking to facilitate safe, unobstructed passage while maintaining Philippine sovereignty over its maritime space.

In his speech, Marcos stressed that these laws reaffirmed the Philippines’ commitment to upholding a rules-based international order. 

“These (laws) signal our resolve to protect our maritime resources, preserve biodiversity, and ensure that our waters remain a source of life and livelihood for all Filipinos,” he said. 

The Archipelagic Sea Lanes Act also aimed to prevent arbitrary international passage through the Philippine archipelago, setting guidelines for foreign vessels using these sea lanes. 

The law introduced penalties for violations, particularly for non-compliance with fisheries, environmental, customs, fiscal, immigration, and other relevant regulations.

Marcos said the designated archipelagic sea lanes and air routes aimed 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 said.

Meanwhile, Senate President Francis “Chiz” Escudero also weighed in, affirming that these two laws will significantly enhance the country’s sovereignty over its territorial waters and airspace. 

“This is domestic law, on top of the 2016 arbitral ruling, that will bind executive officials, and they cannot go against it,” he said.

These legislative developments came amid heightened tensions with China over disputed areas in the West Philippine Sea. 

Despite repeated diplomatic protests, China continues its aggressive activities in Philippine waters, including frequent deployment of vessels that harassed Philippine boats — both civilian and government-owned. 

In August, confrontations have led to injuries among Filipino personnel, with one Navy officer losing a thumb during an altercation.

New Philippine map to include West Philippine Sea

In addition to these new laws, the Philippines is preparing to release an updated map of the country’s EEZ and archipelagic waters. 

This map, which will incorporate the provisions of the Philippine Maritime Zones Act, is currently awaiting the finalization of implementing rules and regulations. 

National Mapping and Resource Information Authority (Namria) Administrator Undersecretary Peter Tiangco confirmed that the maps are already prepared, but will be modified as necessary once the regulations are in place.

“We already have the maps prepared, we are just waiting for the implementing rules and regulations in order for us to modify or revise the maps we have prepared accordingly until its final publication,” Tiangco said at a recent Malacañang Palace press briefing.

The new map will have a strong legal basis, reflecting the country’s maritime entitlements under the 2009 Philippine Baselines Law. The map will clearly identify the country’s internal waters, archipelagic waters, territorial sea, contiguous zone, EEZ, and continental shelf. 

It also provided for the potential delineation of continental shelves extending beyond 200 nautical miles, in accordance with international law.

Tiangco also noted the significant difference between the forthcoming Philippine map and China’s recently updated map, which expanded its contentious “nine-dash line” to a “10-dash line,” claiming the West Philippine Sea and Taiwan.

 “The big difference here is that our map has legal basis supported by existing laws,” he said, emphasizing the lawful foundation of the Philippines’ maritime claims.

With these critical legislative measures and the impending release of the updated map, the Philippines is asserting its maritime rights more firmly than ever, sending a clear message to the international community of its commitment to safeguarding its sovereignty in the face of growing regional challenges.

All photos credit: Presidential Communications Office

Top photo: President Ferdinand Marcos Jr (center).

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