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China hits, US backs new PH maritime law

Philippines Defends Maritime Sovereignty Amid China’s Protests

In a significant move to assert its maritime rights, the Philippines has enacted new laws defining its maritime zones and archipelagic sea lanes, leading to heightened tensions with China and earning strong support from the United States. President Ferdinand Marcos Jr. signed the "Philippine Maritime Zones Act" and the "Philippine Archipelagic Sea Lanes Act" into law on November 8, 2024, a decisive step towards consolidating the country’s territorial integrity in the contested South China Sea.

The enactment of these legislative measures has drawn ire from Beijing, which claims that the new laws encroach upon territories it asserts as its own, including the strategically significant Scarborough Shoal and parts of the Spratly Islands. "Let me emphasize that the so-called Philippine Maritime Zones Act illegally includes China’s Huangyan Dao and most of the islands and reefs of China’s Nansha Qundao," stated Mao Ning, a spokesperson for China’s Ministry of Foreign Affairs. This assertion was made during a press conference shortly after the Philippine President’s signing ceremony.

Strengthening National Sovereignty

In Malacañang, President Marcos emphasized that these new laws are essential for asserting the Philippines’ rights under international law and protecting its rich maritime resources. "The passage of these two priority bills fully demonstrates our commitment as a responsible member of the international community and our advocacy to uphold rules-based global order," Marcos noted in his address. "These [laws] 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."

U.S. Support Amidst Tensions

The United States quickly backed the Philippines’ legislative efforts. The U.S. State Department reaffirmed that the Philippine Maritime Zones Act aligns with the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 Arbitral Tribunal ruling, which invalidated China’s claims in the South China Sea. Mathew Miller, a spokesman for the U.S. State Department, remarked that “the Philippines’ passage of the Maritime Zones Act is a routine matter and further clarifies Philippine maritime law.”

The U.S. has thus positioned itself firmly alongside the Philippines amid rising tensions, reflecting a broader strategy to bolster alliances in the Indo-Pacific region.

Expert Opinions and Legislative Implications

Prominent figures in the Philippine Senate, such as Deputy Minority Leader Risa Hontiveros, have welcomed the enactment of the maritime laws, emphasizing their significance in safeguarding the country’s territorial claims. “These new laws help secure what is ours — our waters, our rich marine life — today and for future generations,” Hontiveros stated, pointing out her pivotal role as an author of the Philippine Maritime Zones Act.

Jay Batongbacal, executive director of the University of the Philippines Institute of Maritime Affairs and Law of the Sea, commented on the implications of these laws, stating they merely clarify the existing jurisdiction based on international law. "We are not expanding what we are claiming; we just made it clear because our claims have always been according to the law," he explained.

China’s Response and Regional Dynamics

China’s government expressed serious concerns over the enactment of these laws, labeling them a violation of its territorial sovereignty. Mao emphasized that China’s maritime rights in the South China Sea "are firmly based on historical and legal grounds" and once again rejected the 2016 arbitral ruling as "illegal, null, and void."

Geopolitical analysts like Don McLean Gill highlight that the Philippines’ actions align squarely with international law, considering that China is a party to UNCLOS. He argued that the new laws should not be viewed as provocative but rather as a normal exercise of a nation’s rights and obligations.

A Step Towards Enhanced Maritime Security

The Philippine Maritime Zones Act delineates internal waters, territorial sea, and exclusive economic zones, providing a legal framework for managing maritime resources and asserting jurisdiction. Meanwhile, the Philippine Archipelagic Sea Lanes Act will regulate the passage of foreign vessels and aircraft through the archipelago, ensuring compliance with international conventions.

National Security Adviser Eduardo Año hailed the laws as pivotal for fortifying national sovereignty and securing the Philippines’ maritime interests, calling for lawful and peaceful maritime activities moving forward.

Engaging in Dialogue and Seeking Solutions

As these developments unfold, the possibility of dialogue between China and the Philippines remains vital. Experts, including Gill, maintain that maintaining open lines of communication is essential, even in the face of disagreements over territorial claims.

The recent legislative actions mark a robust assertion of Philippine sovereignty in a region increasingly characterized by complex geopolitical tensions. As discussions continue, readers are encouraged to share their thoughts on how the Philippines can navigate this challenging maritime landscape.

Stay Informed and Engaged

For further insights into international maritime law and its implications for national security, explore TechCrunch or The Verge for related discussions. Your thoughts on these critical developments are valuable — how do you view the Philippines’ latest moves in the South China Sea?

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