By Zhong Sheng, The Philippines recently signed into law the so-called “Maritime Zones Act” and “Archipelagic Sea Lanes Act.” These acts severely violate China’s territorial sovereignty and maritime rights and interests in the South China Sea, as well as international law including the United Nations Convention on the Law of the Sea (UNCLOS).
These egregious acts will inevitably complicate the situation in the South China Sea. China’s adoption of necessary measures to defend its legitimate and lawful sovereignty, rights and interests is a justifiable move to keep the South China Sea peaceful and stable.
The two acts are egregious because they seriously infringe upon China’s territorial sovereignty and maritime rights and interests in the South China Sea. The so-called “Maritime Zones Act” illegally includes China’s Huangyan Dao, most of the islands and reefs of China’s Nansha Qundao, and their relevant waters into the Philippines’ maritime zones. It attempts to further solidify the illegal arbitral award on the South China Sea in the form of domestic legislation.
China has sovereignty over Nansha Qundao and the adjacent waters, and Zhongsha Qundao, including Huangyan Dao, and the adjacent waters, and has sovereign rights and jurisdictions over relevant waters. The aforementioned territorial sovereignty and maritime rights and interests of China have solid historical and legal basis, and are compliant with international law including the UNCLOS.
The territory of the Philippines is defined by a series of international treaties. China’s Huangyan Dao and other islands and reefs of Nansha Qundao are completely beyond the limits of the Philippines’ territory. The Philippines has invaded and illegally occupied multiple islands and reefs of China’s Nansha Qundao. It arbitrarily went beyond its own territorial scope to set up the so-called “Kalayaan Island Group,” which has infringed upon China’s territorial sovereignty, and is illegal and invalid.
The Philippines arbitrarily advancing the legislation of the so-called “Maritime Zones Act” has once again exposed its true intention to seize illegal gains in the South China Sea by the manipulation of domestic laws, which reveals its expansionist goals in the South China Sea.
The two acts are egregious because they violate international law and the basic norms governing international relations in the name of implementing UNCLOS.
The so-called “Maritime Zones Act” cites the illegal award of the South China Sea arbitration as a basis for defining the Philippines’ maritime boundaries, which serves only to compound lies and fallacies to legitimatize its own illicit maritime claims.
The illegal award of the South China Sea arbitration has been widely questioned by the international community. This international arbitration was unilaterally initiated by the Philippines without the Chinese government’s prior consent, which violated international law, including UNCLOS.
China has repeatedly lodged stern representations that it neither accepts nor participates in the arbitration, nor does it accept or recognize the illegal award, and will never accept any claim or action based on the award.
China’s territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by the award. The Philippines’ endorsement of the arbitral award is nothing but justification for its infringing and provocative moves and illegal claims and actions, which reveals its true intention to “expand its powers” in the South China Sea.
The two acts are egregious because they impact the freedom and security of navigation, threaten regional peace and stability, and further complicate the situation in the South China Sea.
They contravene the Declaration on the Conduct of Parties in the South China Sea (DOC), which emphasizes the importance of exercising self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability. This not only hampers dispute resolution efforts but also exacerbates tensions in the South China Sea.
Many provisions contained in the Philippines’ “Archipelagic Sea Lanes Act” are incompatible with international law and resolutions of the International Maritime Organization (IMO).
For instance, the waterways designated by the act fail to include all commonly utilized international waterways within the waters of the Philippine archipelago. Such provisions are evidently inconsistent with Article 53 of UNCLOS, which stipulates that the sea lanes and air routes designated by an archipelagic state shall include all normal passage routes used as routes for international navigation or overflight through or over archipelagic waters.
Furthermore, the specified sea lanes are all in close proximity to U.S. military bases in the Philippines, raising concerns about potential collusion between the Philippines and foreign powers to monitor passing vessels, thereby jeopardizing the navigational safety of all countries.
As such acts exceed the authority granted by international law, consequently, they unlawfully restrict the legitimate rights of other countries, including China, and have no binding force on them.
China asks the Philippines to earnestly abide by international law and not to undermine other countries’ lawful rights under UNCLOS and other international law. Chinese ships and aircraft will continue to pass through all normal channels as needed and in accordance with international law.
Huangyan Dao has always been China’s territory. In accordance with international law, such as the UNCLOS, and the Law of the People’s Republic of China on the Territorial Sea and the Contiguous Zone, the Chinese government delimited and announced the baselines of the territorial sea adjacent to Huangyan Dao.
This is a natural step by the Chinese government to lawfully strengthen marine management and is consistent with international law and common practices, demonstrating China’s firm determination and will to defend its territorial sovereignty and maritime rights and interests in the South China Sea.
On maritime disputes, China has been exercising a high degree of restraint. China maintains that parties should find solutions that are acceptable to each and all by working in the spirit of good-neighborliness and friendship, and on the basis of respecting historical and legal facts.
But abusing such good faith should not be allowed. China does not accept any unilateral action attempting to enforce maritime claims against China. Nor does China recognize any action that may jeopardize its maritime rights and interests in the South China Sea.
The Philippines shall earnestly respect China’s territorial sovereignty and maritime rights and interests and immediately end any unilateral move that may escalate the dispute and complicate the situation. China urges the Philippines to return to the right track of properly settling differences through negotiation and consultation as soon as possible and work with China to uphold the larger interest of the bilateral relations and keep the South China Sea peaceful and stable.
