MANILA, Philippines — The “West Philippine Sea” is finally enshrined in the country’s law following the passage of two landmark measures that fully define the country’s maritime boundaries and designate legal sea lanes but whether or not China will respect these laws remains murky.
But do we even need China to recognize it?
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On November 8, President Ferdinand Marcos Jr. signed the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act to the applause of lawmakers who have struggled to pass the bills in previous Congresses.
“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 international order,” Marcos said during the ceremonial signing of the bills.
While the Philippines has taken full recognition over its rights in its maritime domain, including, most significantly, the heavily disputed West Philippine Sea, the question remains on how effective it would be in combating foreigners from illegally encroaching on our waters.
China has long disregarded the Philippines’ claim over the West Philippine Sea, taunting historical sovereignty over the waters. The matter has been raised to the Permanent Court of Arbitration, where the Philippines’ jurisdiction over its 200-nautical-mile exclusive economic zone was upheld and China’s claim over the waters was junked.
What do these laws do?
The Philippine Maritime Zones Act makes definite the country’s maritime scope, putting into law a declaration of sovereignty over territorial waters, as prescribed into the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
While the signed version of the law has yet to be uploaded to the Official Gazette, the final version of the bill in the Senate states that the Philippines has sole sovereign rights to utilize resources found within the seabeds. It also said that only the Philippines has the right to establish and use artificial islands within its territory.
The law also penalizes violations of Philippine rights within its maritime territories in accordance with pertinent and existing laws. Crimes that occur within Philippine waters are hereby punishable by Philippine laws.
The Philippine Archipelagic Sea Lanes Act, meanwhile, will establish sea lanes that foreign vessels can take within the country’s maritime borders.
Sen. Francis Tolentino, the principal author and sponsor of the measures in the Senate, said that the measures would legislate the name “West Philippine Sea” into law and reaffirms our territorial rights.
The Philippines might encounter two challenges in the implementation of the laws however: getting the world, specifically China, to recognize it, as well as its implementation.
Will China and the rest of the world recognize it?
China has continuously disregarded the Philippines’ claim over the West Philippine Sea, with encounters between Philippine and Chinese vessels typically ending with the latter stalking, harassing and bumping into the former. The Philippines has already filed around 188 diplomatic protests against China under the term of Marcos.
Will the new laws stop these encounters? The short answer is no.
Tolentino said passing a law aiming to stop an act does not necessarily mean that the act will stop.
“If we pass a law, for example, in the Revised Penal Code, you cannot kill, will it stop murder or homicide? No, right? If we pass a law banning cybercrime, will it stop?” Tolentino said in Filipino.
However, it was still important for the law to be there as a means of deterrence, Tolentino said.
“The law is there to serve as the deterrence, the law is there to provide punishment for wrong doers and the law—the stream laws would really fortify our sovereignty as an independent republic,” the senator said.
Other than China, the new sea lanes law will be submitted to the International Maritime Organization (IMO) as well as the International Civil Aviation Organization (ICAO).
Once both international organizations approve, a notice would be issued to all vessels around the world about the new lanes.
Tolentino said that both the IMO and ICAO can impose sanctions on international vessels who violate the Philippines’ sea lanes.
“They can be penalized by the IMO; they can be banned by the IMO. So, it’s an international organization based in London who will also help us in implementing the said law,” Tolentino said.
How well can the Philippines enforce these laws?
Beyond the acceptance of the international community of these new laws, the Philippines faces a physical challenge of enforcement.
With over 7,000 islands, the country has one of the longest shorelines in the world.
The Philippine Coast Guard—long plagued by a shortage of manpower and equipment—is tasked with enforcing these laws in our waters.
National Maritime Council spokesperson Alexander Lopez however, said that the government can catch up.
“Maybe these laws will be a source of more development capabilities on a part of our maritime reinforcement agencies,” Lopez said.
At the very least, the law provides a basis to justify allocation for the required resources.
“To implement this, would need resources, would need capital investment, we look forward to having more lighthouses, strengthen the capabilities of our Philippine Coast Guard,” Lopez said.
The NMC is also seeking to strengthen the Philippine National Police Maritime command.
While there is no guarantee that the new laws can be fully enforced immediately and fully, their long-awaited passages signify a step toward reinforcing our maritime rights.
The law transcends a change of administration, ensuring that the country’s stance on our maritime borders remain the same.
“These measures prove not only our commitment to ensuring the safety and prosperity of our maritime domain, but also our firm faith in our identity as a maritime nation. It is a spirit that transcends administrations. It is an intrinsic and undeniable part of the national – the Filipino character,” Marcos said.