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President Ferdinand Marcos Jr. on November 8 signed the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act
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The president said the measures align the country’s domestic laws with international law, specifically the UN Convention on the Law of the Sea, and reinforce the 2016 Arbitral Award
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He also described the measures as “two very significant laws that emphasize the importance of our maritime and archipelagic identity”
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In 2016, the Permanent Court of Arbitration unanimously ruled in favor of the Philippines in the case the nation filed against China over conflicting claims on the South China Sea
President Ferdinand Marcos Jr. on November 8 signed the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act which he said “emphasize the importance of our maritime and archipelagic identity.”
In a speech at the twin laws’ ceremonial signing in Malacañang, the president said: “With these pieces of legislation, we align our domestic laws with international law, specifically the UN (United Nations) Convention on the Law of the Sea or UNCLOS, improve our capacity for governance, and reinforce our maritime policies for economic development and for national security.”
Republic Act (RA) 12064, also known as the Philippine Maritime Zones Act, declares that the Philippines exercises sovereignty and jurisdiction over its internal waters, territorial sea archipelagic waters and the airspace over it as well as its seabed and subsoil in accordance with UNCLOS and other existing laws and treaties.
“This is essential in establishing the extent of our maritime jurisdiction and to ensure that our rights and duties as an archipelagic state are well-defined in order that all Filipinos can rightfully enjoy the riches of our seas,” Marcos said.
Marcos said Filipinos, especially fisherfolk, should be able to pursue their livelihood “free from uncertainty and harassment.”
RA 12065 or the Philippine Archipelagic Sea Lanes Act, meanwhile, establishes a system of archipelagic sea lanes and air routes, through which foreign vessels and aircraft shall exercise the right of archipelagic sea lanes passage.
“The designated archipelagic sea lanes and air routes aim to facilitate safe passage for foreign ships and aircraft without compromising our national security nor diminishing our capacity for good environmental stewardship,” Marcos said.
The law defines the obligations in the exercise of the right of archipelagic sea lanes passage as well as the acts prohibited on the sea lanes and over the air routes.
It also identifies the liability of ships or aircraft for any loss or damage suffered by the Philippines or any third party as a result of non-compliance with the provisions of the law.
Senate president Francis Escudero, in a separate statement, said the twin laws will further strengthen “our sovereignty and sovereign rights over our territorial waters and the airspace over it.”
“This is domestic law, on top of the 2016 arbitral ruling, that will bind executive officials and they cannot go against it,” he noted.
“Maintaining the primacy of the UNCLOS and the 2016 Arbitral Award as our beacons in the maritime domain, the Philippines reaffirms its sovereignty, sovereign rights and jurisdiction in our waters,” Escudero added.
In 2016, the Permanent Court of Arbitration unanimously ruled in favor of the Philippines in the case the nation filed against China over conflicting claims on the South China Sea.
The intergovernmental organization based in The Hague, Netherlands on July 12 ruled that only claims consistent with the UNCLOS were valid, thus “there was no legal basis for China to claim historic rights to resources within the sea areas falling within the ‘nine-dash line’.”
Under UNCLOS, which came into force in 1982 and which China ratified in 1996, maritime rights derive from land, not history. Countries may claim an Exclusive Economic Zone up to 200 nautical miles off their coasts, or around islands. UNCLOS lays down a comprehensive regime of law and order in the world’s oceans and seas establishing rules governing all uses of the oceans and their resources.
