In a significant step to solidify its maritime boundaries, Philippine President Ferdinand Marcos Jr. recently signed two laws defining the nation’s sea territories in the South China Sea, sparking tensions with China. These laws—the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act—assert the Philippines’ rights to certain parts of the South China Sea, directly challenging China’s expansive claims. This act of sovereignty is backed by international law but has drawn fierce opposition from China, heightening geopolitical tensions in this contested region.
The New Laws and Their Impact on Philippine Sovereignty
The Maritime Zones Act outlines key parts of the Philippine archipelago and its surrounding waters, claiming sovereignty over these areas as defined by the United Nations Convention on the Law of the Sea (UNCLOS). One significant inclusion is the Exclusive Economic Zone (EEZ), a 200-nautical-mile stretch where the Philippines has exclusive rights to tap resources, such as fisheries and undersea minerals. Foreign ships can still pass through these waters, provided they adhere to the “innocent passage” principle, which ensures no threat to the host nation’s security.
Alongside, the Archipelagic Sea Lanes Act designates specific routes for foreign vessels and aircraft to pass through Philippine waters, creating controlled pathways for transit while protecting national security. President Marcos emphasized that these laws reflect the Philippines’ commitment to international law and the preservation of resources crucial for Filipino livelihoods. “These signal our resolve to protect our maritime resources, preserve our rich biodiversity, and ensure that our waters remain a source of life and livelihood for all Filipinos,” he stated.
Why China Objects to the New Laws
China’s Foreign Ministry quickly condemned these new laws, asserting they infringe on China’s “territorial sovereignty and maritime rights” in the South China Sea. China has long claimed nearly the entire South China Sea, marking its territory with ambiguous dash lines on official maps. This claim, however, was invalidated by a 2016 ruling from the Permanent Court of Arbitration in The Hague, which China rejected outright. The court found that China’s claims lacked legal basis, but Beijing continues to enforce its presence in the area through an extensive network of coast guard ships, navy vessels, and artificial island bases.
By passing these laws, the Philippines is reinforcing its sovereignty claims and rejecting China’s assertion of rights over regions like the Scarborough Shoal and the Spratly Islands. This defiance has triggered an official protest from China, which has summoned the Philippine ambassador in Beijing to demand respect for what it considers Chinese territory. China’s stance is that these laws represent a “serious infringement” of its claims, and Beijing has called on Manila to halt actions that could escalate the situation.
Historical and Ongoing Struggles in the South China Sea
The South China Sea has been a longstanding flashpoint for geopolitical tensions. Rich in fish stocks and potentially vast reserves of oil and natural gas, this area is crucial not only to China and the Philippines but also to other nations, including Vietnam, Malaysia, and Indonesia, all of whom have rival claims. China’s island-building activities, including the construction of militarized reefs, have further escalated tensions in the region.
Confrontations between Chinese and Philippine coast guards have been on the rise, fueling concerns that the U.S., a longstanding ally of the Philippines, might be drawn into the fray. The U.S. has repeatedly emphasized its commitment to defend the Philippines in case of an armed attack, a pledge rooted in its Mutual Defense Treaty with the Southeast Asian nation. This promise of support heightens the stakes in any confrontation, as an escalation could potentially draw in global powers.
China’s aggressive tactics in the South China Sea include using water cannons, lasers, and intimidating maneuvers to assert its claims, often at the expense of neighboring countries’ sovereignty. Chinese forces have been known to target Filipino fishermen and other vessels, challenging their right to operate within the Philippines’ EEZ. The Philippines, backed by the 2016 arbitration ruling, has repeatedly protested these actions but faces challenges in enforcing its rights against China’s formidable military presence.
Looking Ahead: Regional and International Support for the Philippines
While enforcement of the new laws will likely face hurdles due to China’s defiance, Philippine officials view the international community’s support as crucial. Senator Francis Tolentino, one of the laws’ proponents, acknowledged that China’s opposition might continue but expressed hope that global backing would strengthen the Philippines’ position. This international stance reinforces the rules-based order that UNCLOS represents, encouraging peaceful, law-abiding conduct in international waters.
For the Philippines, these laws symbolize a commitment to defending its marine resources and the livelihoods of its people, especially those who depend on the sea for fishing and trade. Amid these escalating tensions, the new laws may not immediately resolve the territorial disputes in the South China Sea. However, they clearly mark the Philippines’ determination to uphold its sovereignty, even in the face of opposition from one of the world’s largest and most assertive powers.
ACZ Editor: Note the timing of this action, i.e. right after U.S. elections. With the election of Trump, the Philippines can be more confident in being backed up by the U.S. should relations heat up. Trump’s style has always been to back up his opponents and let them know they had better not go too far. I would not be surprised if President Marcos was already in communication with Trump’s people. This is the “great game” in Asia and Trump is good at it.