Controversy Surrounds Philippines’ New Maritime Laws in South China Sea

Philippine President Ferdinand R. Marcos Jr. has signed two new maritime laws—the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act—aimed at defining the country’s maritime zones and designating sea lanes in archipelagic waters for foreign vessels and aircraft.

During his keynote speech on Friday, President Marcos stated that these laws are in alignment with international law, specifically referencing the United Nations Convention on the Law of the Sea (UNCLOS). He emphasized that the legislation is a significant step towards asserting the Philippines’ maritime rights and jurisdiction.

However, these developments have sparked controversy, particularly concerning their implications in the South China Sea. Critics argue that by advancing domestic legislation, the Philippines may be asserting territorial claims over disputed waters, which could escalate tensions in the region.

The principle of “land dominates the sea” in international law suggests that maritime rights derive from territorial sovereignty. Some legal experts believe that declaring maritime zones in contested areas without mutual agreement may contradict the spirit of UNCLOS and other international agreements, potentially infringing on the territorial claims of neighboring countries.

According to Zhang Xuegang, director of the Center for Belt and Road Initiative Studies at the China Institutes of Contemporary International Relations, “The Philippine Maritime Zones Act raises questions about compliance with UNCLOS principles regarding territorial sovereignty and maritime rights.”

Further concerns have been raised regarding the Philippine Archipelagic Sea Lanes Act. Article 53 of UNCLOS stipulates that all ships enjoy the right of innocent passage through archipelagic waters. Hu Xin, assistant research fellow at the National Institute for South China Sea Studies, commented, “Designating specific sea lanes for foreign vessels and aircraft may conflict with the provisions of UNCLOS that guarantee the freedom of navigation.”

The South China Sea remains a complex and sensitive area with multiple overlapping territorial claims. The international community continues to encourage peaceful dialogue and adherence to international law to resolve disputes and maintain stability in the region.

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