November 12, 2024 | 5:20pm
MANILA, Philippines — The Philippines has explicitly labeled China’s baseline declarations around Scarborough Shoal (Bajo de Masinloc) as illegal under international law — a direct pushback against Beijing after it aired its fury over Manila’s new maritime zones law.
China’s baseline coordinates around Scarborough Shoal violate both the United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 Arbitral Award, effectively rendering them “without any legal basis or effect,” the National Maritime Council said in a statement on Tuesday, November 12.
The council’s statement comes two days after China’s foreign ministry published geographic coordinates for baselines around Scarborough Shoal — a feature within the Philippines’ 200-nautical mile exclusive economic zone but is claimed by China as its territory.
China said its demarcation of the shoal was a “natural step” to manage its marine resources and is “consistent with international law.”
But for Manila, Beijing’s baselines not only violate the Philippines’ “long-established sovereignty over the shoal throughout history” but also contravene international laws regarding sea borders.
Illegal use of baselines
The National Maritime Council pointed out that China’s use of straight baselines around the shoal violates UNCLOS and the 2016 ruling as these technical boundaries can only be drawn under specific conditions.
Baselines are the lines from which the breadth of the territorial sea, contiguous zone, and other maritime zones are measured.
According to UNCLOS, straight baselines can only be drawn when there is a presence of a deeply indented coastline or a fringe of islands along the coast, among others. Scarborough Shoal does not have these.
This is why the council said China’s use of the baselines are “without any legal basis or effect.”
“The Philippines strongly objects to the use of these baselines by China and resolutely maintains its right to declare the correct baselines of [Bajo de Masinloc,]” it added.
The council also characterized China’s move as “a continuation of its 2012 illegal seizure of the shoal,” referring to the incident where Beijing had seized control of the shoal after a weeks-long tense standoff with Filipino troops.
Since then, Chinese vessels have routinely restricted Filipino fishermen’s access to the shoal. There are also reports of Chinese fishermen using cyanide to keep Filipinos from fishing in the area.
RELATED: Explainer: What is the risk of conflict at the disputed Scarborough Shoal?
Beijing has continued to press its claims to almost the entire South China Sea despite an international tribunal ruling in 2016 that nullified its claim of historic rights.
Protesting another country’s laws
China’s attempt to map its claims to the disputed shoal comes four days after President Ferdinand Marcos Jr. signed two new maritime laws that asserted the country’s sovereignty over its waters.
One of these is Republic Act 12064 or the Philippine Maritime Zones Act. This law draws the exact meters and bounds of the Philippines’ maritime entitlements under UNCLOS and other international laws.
While Beijing expressed its objection to the new law, the council defended it as “a legitimate exercise of the country’s right to determine and declare its maritime zones.”
It also stressed that its maritime zones are consistent with international law and “do not impinge on the sovereignty or jurisdiction of other States.”
Taiwan rebukes Philippines and China
As tensions escalate between Manila and Beijing, Taiwan on the same day rejected both countries’ maritime claims and asserted its own sovereignty over parts of the South China Sea.
In a statement, Taiwan’s foreign ministry said recent actions by both the Philippines and China are “escalating regional tensions,” while asserting its rights over parts of the disputed waters under international law.
Taiwan, which controls two islands in the disputed waters—Taiping Island and Dongsha Island—called for territorial disputes to be resolved through multilateral dialogue mechanisms.
The self-ruled island has rarely released statements pertaining to the Philippines’ ongoing maritime conflict with China. But it has never recognized the 2016 arbitral award that ruled in favor of the Philippines, claiming sovereignty over nearly the entire South China Sea.
In recent years, China has repeatedly shown aggressive behavior in the disputed waters, with its vessels routinely using military-grade lasers, water cannons and dangerous maneuvers to harass Philippine vessels.
Marcos said on Tuesday that he was not surprised by Beijing’s reaction to the two new maritime laws of the Philippines.
“Well, it’s not unexpected, but we have to define closely… we often say that we have to protect our sovereign rights and our sovereignty. So, it serves a purpose to define closely what those boundaries are, and that’s what we are doing,” he said.
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