Manila : The Philippines, under President Ferdinand Marcos Jr., has enacted two new maritime laws designed to safeguard the nation's contested territory in the South China Sea, the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act.
According to the Philippines' Presidential Office, the Maritime Zones Act "aims to establish the nation's archipelagic sea lanes, designating specific routes over its waters and airspace." The laws, which are grounded in the criteria set by the United Nations Convention on the Law of the Sea (UNCLOS), also seek to affirm the Philippines' maritime zones, strengthening its position in ongoing territorial disputes with China, as reported by Voice of America.
Experts suggest that these laws are part of a broader strategy by Manila to counter China's growing assertiveness in the region. Raymond Powell, director of Sealight at Stanford University's Gordian Knot Center for National Security Innovation, described the passage of these laws as a critical step in "lawfare," a strategy of using legal and diplomatic means to contest China's maritime aggression, particularly its ongoing occupation of the West Philippine Sea.
According to the report, Powell emphasized that the new laws help the Philippines challenge China's increasing control over critical features like the Scarborough Shoal and the Second Thomas Shoal, both of which are claimed by Beijing as part of its nine-dash line.
China, which asserts near-total control over the South China Sea, has consistently dismissed international rulings, such as the 2016 Permanent Court of Arbitration decision, which declared China's claims to the waters without legal foundation under UNCLOS. In response to the Philippines' new maritime laws, Beijing has expressed strong objections, calling them a "serious violation" and a threat to regional stability.
Recently, China summoned the Philippine ambassador to lodge a protest, accusing Manila of taking "unilateral" actions.
The report further stated that the enactment of these laws also prompted objections from Malaysia, which contends that the Philippine Maritime Zones Act infringes upon its territorial claims near Sabah on Borneo Island.
However, it is China that poses the most significant challenge to the Philippines' sovereignty in the region, with continued military and strategic actions aimed at solidifying its dominance.
According to Jay Batongbacal, a maritime expert, China's opposition to the Philippines' maritime laws is driven by its desire to maintain control over the South China Sea, which it views as vital for its military and economic interests.
Despite the legal and diplomatic confrontations, experts like Zachary Abuza, a professor at the National War College in Washington, argue that the Philippine laws provide important leverage in challenging China's territorial claims.
While these laws may not immediately alter the situation on the ground, they enable the Philippines to assert its sovereignty and create a legal framework to counter China's claims.
Abuza warns that Beijing is likely to respond aggressively, as seen in its recent move to draw new baselines around Scarborough Shoal, a low-tide feature that international law deems as not subject to territorial claims. China also conducted military drills in the area, further escalating tensions.
The Philippines' push for stronger maritime laws comes amid its growing partnership with the United States. Since President Marcos assumed office in 2022, Manila has reversed the distancing from Washington that occurred under his predecessor, Rodrigo Duterte.
The two countries have resumed joint naval exercises, and the Philippines has granted U.S. forces greater access to its military bases. The U.S. is also expected to provide advanced defense technology, including mid-range missiles, to bolster the Philippines' military capabilities in the face of China's aggression.
However, with the upcoming transition to a new U.S. administration under President-elect Donald Trump, there are uncertainties about the future of the U.S.-Philippines alliance. Vincent Kyle Parada, a former defense analyst with the Philippines Navy, suggests that Marcos will need to engage with Trump diplomatically to reinforce the strategic value of the Philippines in the Indo-Pacific region. While there is strong bipartisan support in the U.S. against China's actions, Parada anticipates a more transactional relationship, where the Philippines will have to offer more tangible benefits to Washington in exchange for its continued support.
As tensions in the South China Sea continue to rise, the Philippines' new maritime laws signal a determination to assert its rights and strengthen its legal position in the face of China's increasingly aggressive actions in the region.