Philippines turns to maritime law for legal teeth against China

The Maritime Zones Act approved by the Philippine Congress will also cast a spotlight on several South China Sea atolls occupied by Beijing

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Chinese structures and buildings at the man-made island on Mischief Reef in the South China Sea. Photo: AP

Published: 3:10pm, 7 Aug 2024

The Philippines is a step closer to enacting a maritime law to give the 2016 ruling by The Hague arbitration tribunal more legal teeth and assert its sovereignty over two Chinese-built military atolls and other disputed areas within its exclusive economic zone (EEZ).

The Maritime Zones Act – approved by Congress and awaiting President Ferdinand Marcos Jnr’s signature – is touted by proponents as embodying Manila’s firm stance against Beijing’s expansive claims in the South China Sea. The legislation will also cast a spotlight on two militarised atolls occupied by China, Hughes Reef and Mischief Reef, which Beijing calls dongmen jiao and meiji jiao, respectively.

Observers say the proposed law “enforces” for the first time the 2016 arbitral ruling and embeds the term West Philippine Sea, coined by the administration of the late President Benigno Aquino III.

When Congress approved the latest version on July 17, maritime law expert Jay Batongbacal described it as a “foundational law”, setting out in clear terms “the Philippines’ adherence to Unclos [United Nations Convention on the Law of the Sea]”.

While the draft law has made no mention of China, its main sponsor, Senator Francis Tolentino, who guided its passage through Congress, told colleagues on November 28 last year: “May I just also remind my dear colleagues of the many incidents of aggression from our Chinese counterparts that we have experienced recently in the West Philippine Sea.

“It is time we take a stand against this bullying. With the passage of this Maritime Zones Act, we are taking a firm stand.”