U.S. claps back at China

After a barrage of pointed attacks from China over the signing of the twin measures defining the Philippines’ territorial entitlements, the US Department of State deflected the former’s concerns, saying the enactment of the Maritime Zones Act was a “routine matter.”

“This law defines the Philippines internal waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf in line with the Convention,” State Department spokesperson Matthew Miller said, as the US joined ally Australia in backing the Philippine move.

Miller said other nations, including the country’s fellow members in the Association of Southeast Asian Nations (ASEAN), had enacted similar legislation over the years.

“The passage of the Maritime Zones Act by the Philippines is a routine matter and further clarifies Philippine maritime law,” he said.

China, conversely, protested the law and promised to take “all measures necessary” to continue to protect its claims in the South China Sea.

“The United States supports the Philippines’ enactment of the Maritime Zones Act, signed into law by President Marcos on 8 November 2024. The Maritime Zones Act aligns Philippine domestic laws with the 1982 Law of the Sea Convention and the 2016 Arbitral Tribunal ruling,” Miller said.

“The United States values the Philippine leadership in upholding international law, particularly in the South China Sea, and calls on all states to comport their maritime claims to the international law of the sea as reflected in the Convention,” he added.

Landmark measures

The Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act, signed by President Ferdinand R. Marcos Jr. on Friday, are considered milestone laws in fortifying the country’s maritime sovereignty and securing its national interest, especially in the West Philippine Sea.

National Security Adviser Eduardo Año said the twin laws solidify our territory and enhance our ability to protect our territory against any infringement.

“As an archipelagic and maritime nation, our seas are crucial to our economic prosperity and national security. These laws empower us to govern our maritime zones effectively while promoting lawful and peaceful maritime activities,” Año said.

“We are committed to working closely with all relevant stakeholders to ensure the full implementation and enforcement of these vital pieces of legislation,” he added.

Año said the new laws are in accordance with the Philippines’ rights and obligations under the United Nations Convention on the Law of the Sea (UNCLOS).

“With the Philippine Maritime Zones Act, we reaffirm our sovereignty over our internal waters, territorial sea and archipelagic waters, as well as our sovereign rights and jurisdiction over the exclusive economic zone and continental shelf,” he said.

“The law provides a clear and robust legal framework to protect and manage the Philippines’ maritime resources and entitlements, ensuring their sustainable use for the benefit of the Filipino people. In doing so, it further strengthens our legal standing in line with the 2016 Arbitral Ruling and international norms,” he noted.

The Archipelagic Sea Lanes Act will enable the country to regulate the passage of foreign vessels and aircraft within its archipelagic waters.

“This legislation ensures that our maritime domain remains secure and that foreign activities within our waters are effectively regulated and conducted in a manner that respects Philippine sovereignty and national security,” Año said.

“It establishes vital safeguards to protect both our maritime resources and the environment, reinforcing our responsibility to uphold the sanctity of our waters and airspace.”

Envoy to Beijing summoned

Beijing has summoned Philippine Ambassador to China Jaime FlorCruz to “seriously protest” the new legislation.

Also, in a briefing, Chinese Foreign Ministry spokesperson Mao Ning said the new maritime laws “illegally included” Scarborough Shoal and reefs of Spratly Islands (Nansha Qundao).

She said the laws aimed to further solidify the “illegal” 2016 arbitral ruling on the West Philippine Sea “in the form of domestic legislation.”

“This move severely violates China’s territorial sovereignty and maritime rights and interests in the South China Sea. We strongly condemn and firmly oppose it,” Mao said.

China reiterated its territorial sovereignty and maritime claims in the disputed waters in the South China Sea, adding it is “solidly grounded” in history and the law.

Like its previous statements, Beijing branded both the 2016 arbitral award and the Maritime Zones Act that was based on it as “illegal, null and void.”

“China does not accept or recognize it. We oppose and do not accept any claim or action based on the award,” Mao said.

She added that the new maritime law violates the Declaration on the Conduct of Parties in the South China Sea, which is a temporary agreement between members of the Association of Southeast Asian Nations and China.

The non-binding deal seeks to pave the way for the Code of Conduct that is envisioned to provide permanent rules on the disputed region. It has been tied up for 25 years due to conditions that China wants to include as provisions under the deal.

This affirms the freedom of navigation and overflight, peaceful settlement of disputes and self-restraint in the conduct of activities in the South China Sea.

Mao said the new laws would make the situation in the South China Sea more complex.

China said it will “firmly oppose any infringement activities and provocations by the Philippines in the South China Sea based on the act.”

China, at the same time, renewed its call to the Philippines to respect its sovereignty and maritime rights and interests in the area, urging it to “immediately end” any unilateral moves that may escalate the dispute and complicate the situation in the area.