The Philippines has enacted two new maritime laws aimed at strengthening enforcement against foreign vessels in its claimed waters in the South China Sea, a move that a Chinese expert warns could escalate regional tensions.
The Philippine Archipelagic Sea Lanes (ASL) Act and the Philippine Maritime Zones Act were approved by Congress last month and signed into law by Philippine President Ferdinand R. Marcos Jr on Friday. The ASL Act designates specific sea and air routes for foreign vessels and aircraft within the country’s archipelagic waters, while the Maritime Zones Act delineates maritime zones that include China’s Huangyan Island and certain reefs and waters in the Nansha Islands.
Ding Duo, deputy director and associate research fellow at the Research Center for Ocean Law and Policy at the National Institute for South China Sea Studies, expressed concerns over the new laws. Speaking to CGTN, Ding stated that the ASL law contravenes the United Nations Convention on the Law of the Sea (UNCLOS), particularly Article 53, which requires that archipelagic sea lanes should encompass all normal passage routes used for international navigation and overflight through archipelagic waters.
“By excluding some of these key routes, the law not only infringes upon other countries’ rights to navigate and fly through these waters but also disrupts established maritime practices,” Ding said. He added that the law links navigation rights to territorial disputes in the South China Sea, which could further complicate the situation.
The designated sea lanes and air routes are reportedly close to U.S. military bases in the Philippines, raising concerns about potential joint monitoring activities that could affect the safety of navigation for other nations. “The law exceeds the authority granted under international law and unlawfully restricts the legitimate rights of other countries, making it non-binding on China and other nations,” Ding remarked.
Ding anticipates that Chinese ships and aircraft, including commercial vessels, military ships, and research vessels, will continue to operate freely and in accordance with international law in all normal passages.
The Philippine Maritime Zones Act refers to the South China Sea arbitration ruling of 2016 as a basis for setting its maritime boundaries, asserting rights over China’s Huangyan Island and parts of the Nansha Islands. China has consistently rejected the legitimacy and validity of this arbitration ruling.
On July 12, 2016, an arbitral tribunal issued its final award in favor of the Philippines regarding the South China Sea disputes. China dismissed the ruling, with Chinese Foreign Minister Wang Yi stating that it was “a political farce made under the pretext of law.” He emphasized that the action contradicted prior agreements between China and the Philippines to resolve disputes through bilateral negotiations and violated commitments under the Declaration on the Conduct of Parties in the South China Sea.
Ding expressed that by passing these two laws, the Philippines is engaging in a “cognitive warfare” strategy to confront China over the South China Sea issue. “This move will further limit the Philippines’ ability to manage crises and effectively address disputes with China,” he noted.
Reference(s):
Philippines passes maritime laws, challenging China's sovereignty
cgtn.com
