Philippine President Signs New Laws to Secure Sea Rights Amid China Tensions

Philippine President Ferdinand Marcos delivers a speech at the Malacanang Palace in Manila, Philippines, on Oct. 7, 2024. Ezra Acayan/POOL/AFP

Philippine President Ferdinand Marcos Jr. on Nov. 8 signed two new laws to strengthen Manila’s maritime sovereignty and establish sea lanes for passing foreign vessels—a move that drew ire from Beijing.

During a signing ceremony attended by Philippine lawmakers and senior officials, Marcos said the new laws would strengthen the country’s economic development and national security policies.

“Our people, especially our fisherfolk, should be able to pursue their livelihood free from uncertainty and harassment,” he said. “We must be able to harness mineral and energy resources in our seabed.”

The Philippine Maritime Zones Act defines the waters and airspace within Philippine territory. It also clarifies the surrounding areas where the country holds sovereignty and jurisdiction in accordance with international law, including the U.N. Convention on the Law of the Sea (UNCLOS).

The Archipelagic Sea Lanes Act provides Philippine authorities with a legal framework to designate specific maritime passages and aerial routes for foreign ships and aircraft, ensuring their safe passage “without compromising our national security nor diminishing our capacity for good environmental stewardship,” according to Marcos.

Manila’s move sparked protests from China, whose ruling Chinese Communist Party (CCP) has overlapping sovereign claims with the Philippines in the South China Sea. As the Chinese regime takes a more aggressive stance, confrontations between Chinese and Filipino forces have turned violent in the past several months, sparking fears of a larger conflict that could disrupt global trade.

The Chinese Foreign Ministry said later on Nov. 8 that Beijing had summoned Manila’s ambassador regarding the new laws.

“China strongly condemns and firmly opposes it,” Mao Ning, spokeswoman of the foreign ministry, said at a regular briefing in Beijing.

She reiterated the CCP’s rejection of the 2016 international tribunal ruling, which dismissed Beijing’s extensive claims in the South China Sea as having no historical basis.

“China does not accept any claims or actions based on the ruling,” Mao said.

The Chinese regime has asserted its claim over nearly the entire South China Sea. The CCP’s “standard” map released in 2023 uses a “10-dash line” to demarcate what it considers its border, drawing protests from its neighbors with competing claims, including the Philippines, Malaysia, Vietnam, and Taiwan.

China has implemented a series of maritime regulations to bolster its claims in the contested waters. In June, China implemented a new coast guard policy that gives officers the power to detain any foreign nationals who enter waters claimed by China. These individuals can be held for up to 60 days if they are suspected of violating border regulations or “endangering national security interests or undermining public order,” according to the policy.

That move follows the changes that China made to the maritime traffic law in 2022, which empowers China’s coast guards to order any foreign vessels that Beijing deems a threat to its internal or territorial waters to leave. The law also includes new measures that mandate foreign vessels to report their passage details while entering what China designates as its territorial waters.

​​Philippine officials stress that China’s maritime laws violate the UNCLOS. During a joint press conference following the signing ceremony, ​​Philippine Sen. Francis Tolentino, who played a key role in drafting the newly adopted maritime zones law, acknowledged the unlikelihood of China’s recognition of the law.

“China is not recognizing this [and] will not recognize this,” Tolentino told reporters on Nov. 8. “The imprimatur that we'll be getting from the international community would strengthen our position.”

The United States expressed its support for Manila’s enactment of the two laws.

“Many other nations, including fellow members of the Association of Southeast Asian Nations, have enacted similar legislation over the years,” State Department spokesperson Matthew Miller said in a statement on Nov. 9, calling the passage of the Maritime Zones Act “a routine matter” that clarifies Philippine maritime law.

Amid tensions in the South China Sea, the United States, which has no territorial claims in the region, regularly deploys military ships and advanced aircraft to patrol the water, reinforcing its commitment to freedom of navigation and overflight.

Earlier this month, the United States and South Korea emphasized the need to oppose “unlawful maritime claims” in the South China Sea in a joint statement following meetings between their foreign and defense ministers.

“In the face of China’s unlawful maritime claims in the South China Sea, we remain committed to upholding freedom of navigation and freedom of overflight,” Secretary of State Antony Blinken said at a press conference after this year’s U.S.–South Korea 2+2 ministerial meeting in Washington.