December 10, 2024 | 11:32am
MANILA, Philippines — The Philippines stood by its recently passed maritime laws Tuesday, December 10, and described them as part of its decades-long commitment to the United Nations Convention on the Law of the Sea on its 42nd anniversary.
In a statement commemorating the adoption of UNCLOS, the Department of Foreign Affairs (DFA) highlighted the country’s longstanding compliance with the landmark treaty. From being one of the first nations to ratify it, the Philippines now “[continues] to align its domestic legal framework with UNCLOS” by passing two new maritime laws, the DFA said.
The Maritime Zones Act and the Archipelagic Sea Lanes Act, both signed by President Ferdinand Marcos Jr. in November, define the Philippines’ maritime boundaries and establish routes for foreign vessels through Philippine waters in accordance with UNCLOS standards, respectively.
China — a signatory to UNCLOS — had swiftly condemned the new laws and summoned the Philippine ambassador to China “to make serious protests” after it was signed. Malaysia also protested, with a deputy foreign minister being quoted as saying that the Philippines’ maritime claims had breached Malaysia’s boundaries.
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However, for the DFA, these two new laws are among the “concrete actions” it has taken in its commitment to the high seas treaty — a historic deal struck in 1982 to protect international waters.
“Over the past three decades, the Philippines has demonstrated its profound commitment to the Convention, reaffirming its universal and unified character as the comprehensive legal framework for law and order in the seas within which all activities in the oceans must be carried out – indeed, the constitution of the oceans,” the DFA said.
Working with neighbors
As part of the country’s commitment to UNCLOS, the DFA said it has and will continue to work with neighboring states on clarifying maritime boundaries.
The Philippines shares overlapping maritime claims in the South China Sea with Vietnam, Malaysia, and Brunei, alongside China and Taiwan’s sweeping nine-dash claims in the disputed waters.
“As it upholds its lawful claim to its maritime entitlements, the Philippines has continued to engage coastal neighbors through discussions on the delimitation of the exclusive economic zone, the continental shelf, and the extended continental shelf, measured from lawfully drawn baselines where these maritime zones may overlap,” the DFA said.
The Philippines’ readiness to engage within UNCLOS parameters demonstrates its commitment to peaceful dispute settlement and a rules-based international order, the DFA added.
Enforcing the 2016 decision
The DFA also called on the world to stand behind the 2016 South China Sea ruling that invalidated China’s sweeping nine-dash line claim to the South China Sea. This ruling was made by an arbitral tribunal constituted under the 1982 UNCLOS.
Beijing has never recognized this ruling and has continued to press its claim in the South China Sea by building artificial islands and harassing fisherfolk of the Philippines and other South China Sea co-claimant states.
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“We continue to call for compliance with the 2016 Arbitral Award and we appreciate the growing acknowledgment of the Award as an unassailable part of the corpus of international law,” the DFA said.
International maritime law
This year’s commemoration also marks UNCLOS’s 30th year since entering into force in 1994. The DFA highlighted Manila’s role in shaping international maritime law, saying: “[Just] as we played an indelible role in advancing the archipelagic doctrine, we will continue to build upon our significant footprint in enriching the law of the sea.”
The archipelagic doctrine is a legal principle that considers an archipelago as a single entity, with the waters surrounding, between, and connecting the islands classified as internal waters of the state. This grants the state exclusive sovereignty over these waters, regardless of their size.
This doctrine is enshrined in Part IV of UNCLOS. The Philippines played a pivotal role in promoting the acceptance of this principle as international law. It is also enshrined in the 1987 Philippine Constitution, which defines the country as an archipelagic state, encompassing all islands, waters, and other territories over which it exercises sovereignty or jurisdiction.
Looking ahead, the Philippines committed to “taking an active role in deepening collaboration with countries and organizations that is anchored on common interests in ocean protection, conservation, management and governance.”
“Today, UNCLOS continues to serve as the cornerstone for a peaceful and prosperous maritime domain, where the rights and interests of all States are respected and protected,” the DFA said.
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