The Philippines, through the Department of Foreign Affairs, on Sunday slammed China’s new regulations that allow its coast guard to detain anyone it considers “trespassers” in the South China Sea.
In a statement, the DFA expressed “serious concern” on China’s issuance of its “Regulations on Administrative Law Enforcement Procedures for Coast Guard Agencies,” calling it a “direct violation” of international law.
“Every sovereign state has the right to formulate and enact laws, including the enforcement of domestic legislation within its jurisdiction,” it said.
“However, a state’s domestic laws may not be applied and enforced in the territory, maritime zones or jurisdiction of other states, nor violate other sovereign states rights and entitlements under international law,” it added.
It continued: “These same domestic laws cannot be applied nor enforced in the high seas under international law.”
The new regulations on the South China Sea were approved and announced on 15 May, which coincided with the mission date of the civilian group “Atin Ito” to the West Philippine Sea.
‘Direct violation’
According to reports, the new regulation allows the China Coast Guard to detain anyone it considers trespassers for up to 60 days which could be extended if their case is more complex.
The department underscored that China’s new regulations were issued based on the 2021 Coast Guard law, which it said “also illegally expanded the maritime law enforcement powers of China’s Coast Guard.”
“China would be in direct violation of international law should it enforce these new regulations in the waters and maritime features within the illegal, null and void, and expansive to-dash line, which would effectively cover areas of the West Philippine Sea where the Philippines has sovereignty, sovereign rights and jurisdiction, or in the high seas,” it said.
The new regulations are supposed to take effect on 15 June.
The DFA urged China to “ensure that its relevant legislation clearly reflects and abides by its commitments and obligations under international law, particularly the 1982 United Nations Convention on the Law of the Sea, and the binding 2016 Arbitral Award on the South China Sea, as well as the 2002 Declaration on the Conduct of Parties in the South China Sea.”
“We reiterate our call for China to comply with international law and desist from any action that would undermine peace and security in the region,” it said.
China claims the vast South China Sea, including the West Philippine Sea, which is within the Philippines’ 200-nautical mile exclusive economic zone.
Its historic “nine-dash line claim,” however, was rejected by the Permanent Court of Arbitration in 2016 after it favored Manila’s sovereign rights in the area.
