Tensions between the Philippines and China over the West Philippine Sea have recently been on the rise again. This time, the confrontation between the two countries has come to the surface as China has launched military actions and legal countermeasures in the wake of two newly passed laws by the Philippines.
Philippines Enacts New Laws to Protect the West Philippine Sea
On November 8, 2023, the Philippines passed two important laws to strengthen its claim to its territorial waters.
Maritime Zones Act
This law clarifies the Philippines’ territorial waters and exclusive economic zones (EEZ). It also establishes the country’s maritime zones in accordance with international law, aligning with a 2016 international arbitration ruling that favored the Philippines in its dispute over territorial claims with China.
Promoted the official use of the “West Philippine Sea.”
It reaffirmed the Kalayaan group of islands (including Scarborough Reef and Paguasa Island) as its territory.
Archipelagic Sea Lanes Act
The Archipelagic Sea Lanes Act outlines specific routes for foreign vessels navigating within the Philippine archipelago. This law enables the Philippines to regulate these vessels, which previously sailed through the archipelago without restrictions, and to seek compensation for any violations.
These two laws are believed to enhance the Philippines’ territorial claims to the sea more than ever and provide a basis for safeguarding its territory in case of a future change in government.
China’s Immediate Countermeasures
In response to the Philippines’ moves, China has taken provocative actions, such as stepping up patrols around Scarborough Reef and conducting military drills.
Strengthening Baseline and Territorial Sea Claims
China has classified Scarborough Reef, also known as Huangyan Island, as “internal waters” and established a new baseline to be included in its exclusive economic zone (EEZ).
Updated Maps and Names
The Chinese government has officially designated 64 landforms in the South China Sea (West Philippine Sea) and published new maps. This move is viewed as part of China’s efforts to further solidify its territorial claims.
Outreach to the International Community
China has criticized the Philippines through the media, arguing that the new law interferes with freedom of navigation. It has expressed concerns that the South China Sea (West Philippine Sea) shipping lanes will be reduced, potentially affecting trade.
What Happens Next?
This series of actions is part of a “lawfare” related to the West Philippine Sea. Both countries are using legal measures to strengthen their own claims and prepare for potential conflicts.
Conflicts regarding the West Philippine Sea are expected to persist. While the new law in the Philippines will strengthen efforts to combat illegal activities by Chinese vessels, China may adopt a more hardline approach.
Since this issue affects not only the Philippines, but also the countries using the West Philippine Sea and the international community as a whole, all eyes will be on the future developments.
