New maritime laws signal Philippines’ resolve against PRC’s discredited claims

Maria T. Reyes

The Philippines has taken another decisive step in asserting its sovereignty and maritime rights by enacting two new laws.

The Maritime Zones Act and the Archipelagic Sea Lanes Act aim to strengthen the Philippines’ territorial claims, particularly in the South China Sea, while bolstering Manila’s economic and environmental stewardship of its waters. The legislation underscores the country’s commitment to international law and a rules-based maritime order, analysts and officials said.

The laws could facilitate “robust regional trade and military operations without hampering the national sovereignty and territorial integrity of the host country,” Chester Cabalza, president of the Manila-based International Development and Security Cooperation think tank, told FORUM.

The Archipelagic Sea Lanes Act designates routes for foreign vessels and aircraft to transit through Philippine territory in alignment with international law. The routes include the Balintang Channel in the north and two southern lanes via the Sulu Sea, all traversing the West Philippine Sea, which is internationally recognized as part of the South China Sea and unlawfully claimed in part by the PRC.

The designated sea lanes enable “safe passage for foreign ships and aircraft without compromising our national security nor diminishing our capacity for good environmental stewardship,” Philippine President Ferdinand Marcos Jr. said during the signing ceremony for the laws in November 2024, according to a news release.

Beijing opposed the laws, claiming they include its territory, The Associated Press reported. Philippine lawmakers, however, said the measures reinforce the 2016 international tribunal ruling that invalidated Beijing’s expansive claims in the resource-rich South China Sea, a vital global trade route.

The PRC continues to defy that ruling by militarizing artificial maritime features in disputed portions of the sea, and by deploying coast guard and militia ships to harass other claimant states’ civilian and military vessels operating legally within their respective maritime zones, including the Philippines.

The Maritime Zones Act delineates the Philippines’ internal and archipelagic waters, territorial sea, contiguous zone, exclusive economic zone, and continental shelf in alignment with the 1982 United Nations Convention on the Law of the Sea (UNCLOS). Philippine Sen. Francis Tolentino, chair of the Admiralty and Maritime Zones Committee, previously emphasized that the delineations are crucial for managing and capitalizing on the country’s maritime resources.

During the signing ceremony, officials outlined the legislation’s projected benefits.

Rep. Luis Raymund Villafuerte Jr., co-author of the Archipelagic Sea Lanes Act, said the law prohibits foreign ships and aircraft from polluting Philippine waters. National Maritime Council spokesman Alexander Lopez highlighted the need for enhanced maritime assets and monitoring capabilities to enforce the laws, which carry penalties including jail time and fines of up to $1.2 million.

Implementing the Archipelagic Sea Lanes Act requires the Philippines to declare the designated lanes to the U.N.’s International Maritime Organization and to consult with states that use the waterways, according to Marshall Louis Alferez, assistant secretary for maritime and ocean affairs.

The National Mapping and Resource Information Authority will update the country’s maritime maps once the laws’ implementing rules are issued, the Philippine Daily Inquirer newspaper reported.

Noting that Beijing does not recognize the new laws, Tolentino told reporters that international support will bolster the Philippines’ position.

Educating coastal communities about their rights also is vital for countering foreign encroachment and illegal activities, Cabalza said.

He said other member states of the Association of Southeast Asian Nations should follow the Philippines’ lead by defining their boundaries to promote a rules-based order under UNCLOS.

“The international community and neighboring states that have overlapping claims with the Philippines must also adhere to this enacted maritime law to maintain a rules-based order to deter illegal fishing, foreign military presence and potential blockages,” Cabalza said.

Maria T. Reyes is a FORUM contributor reporting from Manila, Philippines.