Two landmark maritime laws that strengthen the Philippines’ sovereignty over the West Philippine Sea and were signed by President Ferdinand R. Marcos on Friday—the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act—have received widespread support from various sectors and protests from China, which promised to take “all measures necessary” to continue protecting its claims in the South China Sea.
Republic Act (RA) No. 12064, or the Philippine Maritime Zones Act, asserts the country’s sovereignty over its maritime areas and defines its sovereign rights over a wide range of zones, including internal waters, archipelagic waters, territorial seas, contiguous zones, exclusive economic zones (EEZ), and the continental shelf. The law aligns with the United Nations Convention on the Law of the Sea (UNCLOS) and other existing laws and international treaties.
Meanwhile, RA No. 12065, or the Philippine Archipelagic Sea Lanes Act, complements the Philippine Maritime Zones Act by safeguarding the nation’s maritime domain. This law establishes designated sea lanes and air routes for foreign military vessels and foreign-registered aircraft to pass through Philippine waters. It ensures compliance with UNCLOS and the Convention on International Civil Aviation, further reinforcing the Philippines’ rights to regulate foreign access to its maritime territories.
These legislative measures come at a time when the Philippines is facing increasing maritime tensions in the region. They signal the government’s commitment to protecting the country’s sovereignty in both territorial and economic zones.
“With these pieces of legislation, we align our domestic laws with international law, specifically the UN Convention on the Law of the Sea (UNCLOS), to improve our capacity for governance and reinforce our maritime policies for economic development and national security,” Marcos said.
The National Security Council, in a statement released on Saturday, said it will ensure full implementation of the laws.
“These legal instruments solidify our territory and enhance our ability to protect our country against any infringement. As an archipelagic and maritime nation, our seas are crucial to our economic prosperity and national security. These laws empower us to govern our maritime zones effectively, while promoting lawful and peaceful maritime activities,” National Security Adviser Secretary Eduardo Año said, while also thanking the Senate and the House of Representatives for passing the landmark legislation.
Año added that the new laws are in accordance with the Philippines’ rights and obligations under the United Nations Convention on the Law of the Sea.
“With the Philippine Maritime Zones Act, we reaffirm our sovereignty over our internal waters, territorial sea, archipelagic waters, as well as our sovereign rights and jurisdiction over the exclusive economic zone and continental shelf,” he said.
“The law provides a clear and robust legal framework to protect and manage the Philippines’ maritime resources and entitlements, ensuring their sustainable use for the benefit of the Filipino people. In doing so, it further strengthens our legal standing in line with the 2016 Arbitral Ruling and international norms.”
He added that equally important is the Philippine Archipelagic Sea Lanes Act, which enables the country to regulate the passage of foreign vessels and aircraft within its archipelagic waters.
“This legislation ensures that our maritime domain remains secure and that foreign activities within our waters are effectively regulated and conducted in a manner that respects Philippine sovereignty and national security,” he said.
“It establishes vital safeguards to protect both our maritime resources and the environment, reinforcing our responsibility to uphold the sanctity of our waters and airspace.”
Meanwhile, Philippine Ambassador Jaime Florcruz has been summoned by China to lodge its formal protest against the two laws, which it “strongly condemns and opposes”.
Mao Ning, spokesman for China’s Ministry of Foreign Affairs, said “China’s territorial sovereignty and maritime rights in the South China Sea are firmly based on historical and legal grounds. They comply with international law, including the UNCLOS. They will not be impacted by the Philippines Maritime Zones Act. China will firmly oppose any infringement activities and provocations by the Philippines in the South China Sea based on the act.”
Meanwhile, Australia and the United States have publicly voiced support for the two pieces of legislation.
“The United States supports the Philippines’ enactment of the Maritime Zones Act, signed into law by President (Ferdinand R.) Marcos (Jr.) on November 8, 2024. The Maritime Zones Act aligns Philippine domestic laws with the 1982 Law of the Sea Convention and the 2016 Arbitral Tribunal ruling,” US State Department spokesperson Matthew Miller said.
Miller said other nations, including fellow members of the Association of Southeast Asian Nations (ASEAN), have enacted similar legislation over the years.
“The passage of the Maritime Zones Act by the Philippines is a routine matter and further clarifies Philippine maritime law,” he said.
“The United States values Philippine leadership in upholding international law, particularly in the South China Sea, and calls on all states to align their maritime claims with the international law of the sea as reflected in the Convention,” he added.
US Ambassador MaryKay Carlson, speaking at the Pacific Forum-organized Manila Dialogue on Friday, said Washington, DC, will continue standing with Manila in upholding a rules-based order in the South China Sea. She reiterated that the US, along with other like-minded states, “unequivocally” backs the 2016 Arbitral Tribunal ruling that invalidates Beijing’s so-called historic rights over the vital sea lane.
“We are far from alone. More and more nations—from East Asia to Western Europe—have spoken out to support the Philippines, uphold international law, and urge the PRC to cease escalatory and dangerous actions that impede the exercise of freedom of navigation and overflight, from which all nations benefit,” she said.
Speaking at the same forum, Australian Ambassador HK Yu said the signing of the new laws is a “significant achievement” for the Philippines as it ensures its domestic laws are aligned with international law. “Australia is proud to have supported the Philippines through the Waypoints Project to develop and pass these two bills,” he added.
The Waypoints Project is a group of experts on civil maritime governance, aiming to address relevant issues, including the situation in the West Philippine Sea and the blue economy.
Waypoints Project senior advisor Julio Amador III said enacting the law is vital in light of China’s aggressive actions in the West Philippine Sea.
In an interview, University of the Philippines Institute of Maritime Affairs and Law of the Sea Executive Director Jay Batongbacal said the Maritime Zones Act merely clarifies the exact boundaries of the country’s jurisdiction in the South China Sea, which are fully aligned with international law.
“Kung sinsero ang Beijing na magkaroon ng maayos na usapan kung ano ‘yung ating pinagtatalunan at pinagaagawan at kung saan ito. Dapat tanggapin nila ito bilang isang pruweba kung ano iyong ating kini-claim at kung hanggang saan (If Beijing is sincere about having a proper discussion about what we are arguing and fighting over, and where it is, they should accept this as proof of what we are claiming and to what extent),” he said.
“Hindi naman natin inexpand iyong ating inaangkin. Kina-klaro lang natin dahil ‘yong inaangkin natin ay palaging ayon sa batas. Sila itong malabo kaya hanggang Pangasinan halos ay inaangkin nila kahit wala silang basehan (We are not expanding what we are claiming, we just made it clear because our claims have always been according to the law. Their claims are vague, extending all the way to Pangasinan, even without basis),” he added.
Geopolitical analyst Don McLain Gill, speaking at the Saturday News Forum in Quezon City, noted that China, as an “expansionist power,” opposes the Philippines’ move to legislate two laws declaring the maritime zones under Philippine jurisdiction and designating sea lanes in the country for foreign vessels and aircraft.
However, he said the signing of the twin maritime laws is in accordance with international law, specifically UNCLOS and the Permanent Court of Arbitration’s 2016 ruling on the South China Sea.
“This is merely a reflection of the operation of international law. China is a party to UNCLOS, so I believe there shouldn’t be any disruption or divergence of interest,” he said.
“There’s nothing provocative about that. It is merely upholding international law. As an active stakeholder in the Indo-Pacific’s rules-based maritime domain, this is a practical step and an important step for the Philippines,” he added.
Gill emphasized that the new maritime laws are designed to safeguard the West Philippine Sea amid China’s maritime aggression.
“In terms of enforcement, this is where we would need to align our approach with what we are doing with our partners, our allies, and like-minded nations to enhance maritime security cooperation activities that we need to operationalize under the Maritime Zones Law,” he said. (PNA)