Recently, there has been significant concern over territorial sovereignty and maritime rights and interests in the South China Sea. On November 8, Philippine President Marcos signed the "Philippine Archipelagic Sea Lanes Act" and "Philippine Maritime Zones Act" into law, intending to fabricate a "stronger legal weapon" for its South China Sea expansion efforts, continuing the legal farce initiated by the South China Sea Arbitration case.

Back to 2002, to maintain peace and stability in the South China Sea region, China and relevant countries in ASEAN engaged in friendly consultations and negotiations, reaching Declaration on the Conduct of Parties in the South China Sea (DOC), calling for all parties to show prudence and resolve relevant disputes in the South China Sea through peaceful means.

However, since January 22, 2013, when the Philippines initiated arbitration on the relevant disputes in the South China Sea between China and the Philippines, issues of territorial sovereignty and maritime delimitation in the South China Sea between the Philippines and China has been intensified. On July 12, 2016, an ad hoc arbitral tribunal, in the absence of factual, legal, or jurisdictional basis, rendered a final award on the substantive issue of the "South China Sea Arbitration Case," heightening the disputes between China and the Philippines and disrupting the international maritime legal order. Most recently, the Philippines has frequently incited conflicts that challenge China's territorial sovereignty in the South China Sea with reference to boundary disputes.

"Philippine Archipelagic Sea Lanes Act" attempts to link the right of transit passage with maritime territorial disputes, and restricting the lawful passage of foreign warships and aircraft under the United Nations Convention on the Law of the Sea (UNCLOS). Such legislation is repugnant to the provisions and spirit of the UNCLOS, restricting the rights granted by international law. It effectively imposes unilateral unlawful sanctions on countries with territorial disputes, depriving them of lawful rights as recognised under the UNCLOS. In violation of the United Nations Charter and the UNCLOS, the Law will exacerbate tensions and strains between the two nations, impedes the political and economic stability and development of the region, and affects the freedom and safety of navigation in the South China Sea for all nations. 

The Philippines introduces the "Philippine Maritime Zones Act" with the purpose of furnishing a legal underpinning for asserting sovereignty over all artificial islands and reefs within its delineated baseline. This law seeks to recognise and operationalise the unlawful ruling of the "South China Sea Arbitration" through domestic legislation. The objective of the bill is to enable the Philippines to claim China's facilities on some islands and reefs in the Nansha Qundao, such as Meiji Jiao, on the ground that these maritime features have been identified as "low-tide elevations" by the tribunal of the "South China Sea Arbitration" and therefore are located in the alleged "Philippine exclusive economic zone." In this manner, risks infringing upon China's sovereignty over certain islands and reefs in the South China Sea.

Article 3 of the bill reaffirms the Republic Act No. 9522, which was approved in March 2009 on the delimitation of baselines in the territorial sea, and expands the scope of the waters under Philippine jurisdiction, especially the geographical scope of the waters claimed by the Philippines in the South China Sea.The Nine-dash line is China's traditional maritime frontier line in the South China Sea, and it is also the basis for China to safeguard its rights and interests in the South China Sea, and is an important international arrangement authorised by the "Cairo Declaration", "Potsdam Declaration" and other legal documents that determine the post-war international order. Its fundamental effect in establishing international relations and maritime order in East Asia cannot be denied.

Statement of Chinese Government on China's Territorial Sovereignty and Maritime Rights and Interests in the South China Sea 2016 declares China's position on the basis of the history, highlighting China's sovereignty over China's Nanhai Zhudao (the South China Sea Islands) and the historic rights in the South China Sea, and elaborating the resolution of disputes through international cooperation. China has always adhered to the provisions of the DOC. The resolution of the South China Sea issue between China and the Philippines should follow a true "rules-based maritime order", that is, bilateral consultations on the basis of the international rule of law that serves the interests of both countries and common interests.

Any law that is based on unlawful arbitral award and contrary to the principles and provisions of the UNCLOS is unjust laws. Any law that is detrimental to the common interests of the Philippines, China, and neighboring countries is unjust laws. Any law that disrupts the order and safety of international navigation and threatens regional peace, stability, cooperation and development is unjust laws.

For coastal and regional countries of the South China Sea, the Philippines' distorted interpretation of the UNCLOS and the misuse of ad hoc arbitration, domestic legislation, and political diplomacy, exacerbates tensions in the South China Sea.

The series of actions taken by the Philippine has defied the spirit of neighborly cooperation, heightened regional conflicts, and impedes the collective stability and prosperity of the region. Such farce in the guise of legal, will doom to fail.

(Author: Meixian Song, Xinghai Professor of Dalian Maritime University)