On November 8, Philippine President Marcos signed the "Philippine Archipelagic Sea Lanes Act" and "Philippine Maritime Zones Act" into law. The move coincides with the period of the U.S. government transition, and the motives behind it are thought-provoking.

The two Acts help the Philippine government determine the scope and authority of its jurisdiction under the United Nations Convention on the Law of the Sea (UNCLOS), which is ostensibly to protect the maritime interests of the Philippines, but in fact seriously violates China's territorial sovereignty and maritime rights and interests in the South China Sea.

The Philippine Two Acts not only seriously violate the Charter of the United Nations (UN Charter), the Convention and other international laws, but also continue to aggravate regional tensions. Even for the Philippines itself, the Two Acts are “draconian laws”. Once implemented, the Philippines must give up its territorial sovereignty over some islands and reefs in the so-called Kalayaan Islands and lose part of its sea area. In addition, the Philippines closely following the US action to contain China in the South China Sea will inevitably draw fire and plunge the country into a more dangerous security dilemma.

Philippine Two Acts seriously violate the UN Charter, UNCLOS and other international laws

"Philippine Maritime Zones Act" stipulates that all artificial islands built in the exclusive economic zone of the Philippines belong to the Philippine Government. This is inconsistent with Article 56 of the Convention on the jurisdiction of artificial islands, and the exclusive jurisdiction of the Philippines is not equal to ownership at all. Confusing the distinction between the two exposes the Philippine government's attempt to expand its power at sea by means of domestic law.

In addition, the routes designated in the Archipelagic Sea Lanes Act do not include all international routes in common use in Philippine waters, which is inconsistent with Article 53 of the Convention, which stipulates that “shall include all normal passage routes used as routes for international navigation or overflight through or over archipelagic waters”, to the detriment of the legitimate interests of other shipping countries under the Convention. At the same time, the Archipelagic Sea Lanes Act also stipulates that “Vessels and aircraft of foreign States that do not abide by, or are inconsistently with, the UNCLOS and international law shall not be entitled to exercise the rights, or be owed the obligations, relative to the maritime zones declared herein”. This is obviously a forcible link between the right of sea lane passage and the South China Sea dispute, restricting the legitimate right of passage of other countries’ warships and aircraft, which also clearly deviates from the provisions of the Convention.

The Two Acts of the Philippines both refer to the illegal Award of the South China Sea Arbitration case, explicitly requiring the Philippine government to uphold the illegal award of the South China Sea Arbitration Case under the banner of abiding by the Convention, in an attempt to give legitimacy to its illegal claims and actions, which also seriously violates the provisions of the UN Charter and the UNCLOS and other international laws.

As domestic laws, the contents of the Philippine Two Acts go far beyond the scope authorized by international law and illegally restrict the exercise of legitimate rights granted by the Convention by other countries. Therefore, the Two Acts are not binding on other countries, including China, and Chinese vessels will continue to pass through relevant waters and waterways in accordance with international law.

Philippine Two Acts continue to aggravate regional tensions

"Philippine Maritime Zones Act" attempts to bring a large area of sea into the jurisdiction of the Philippines, violates the rights and interests of other countries, and intensifies conflicts and disputes. The sea lanes in "Philippine Archipelagic Sea Lanes Act" are all close to the U.S. military bases in the Philippines, and it is not excluded that the Philippines will strengthen its collusion with countries outside the region to monitor ships, including China, and threaten the safety of navigation of all countries.

The Two Acts of the Philippines seriously violate Article 5 of the Declaration on the Conduct of Parties in the South China Sea (DOC), which stipulates that “The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability”. They are not conducive to the peaceful settlement of disputes in the South China Sea, but will only further intensify regional contradictions and tensions in the south China sea, and are not conducive to the consultation process of the “Code of Conduct in the South China Sea（COC)”.

Philippine legislature embrace the “rule-based international order” pursued by the U.S. and Western countries in the South China Sea, and do not hesitate to violate the UN Charter, the Convention and the DOC, which are recognized by other countries in the region and safeguard peace and stability in the South China Sea. The Philippines’ feigned compliance with the international law while remaining at odds with the international law is aimed at seeking gains by expanding its power under the pretext of the international law. This negative approach will definitely affect the freedom and safety of navigation in the South China Sea, jeopardize regional peace and stability, and arouse resentment from regional countries and the international community.

The Two Acts of the Philippines are no good for themselves

"Philippine Archipelagic Sea Lanes Act" only stipulates a few routes of passage, which not only damages the right of passage of other coastal countries, but also damages the vital interests of the Philippines. These designated sea lanes are all close to the U.S. military bases in the Philippines. As a result, the Philippines is further tied to the “chariot” of geopolitics pursued by foreign powers, and it is also facing greater security risks.

The Two Acts of the Philippines are intended to beautify the illegal Award of the South China Sea Arbitration Case and confirm the so-called binding force of the Award. Although they are intended to weaken China, they will also deeply weaken the Philippines’ maritime claims. The Philippine authorities were caught in a double conspiracy instigated by countries outside the region, but they did not know it. Deceived by the foreign side, they hastily passed the Two Laws in order to copy the South China Sea Arbitration Case, which not only damaged their relations with China, but also paid the price of damaging their national interests.

Throughout the political farce of the legislature promoting the Two Acts, the Philippine side is sending extremely dangerous signals to the international community.

After the Marcos Administration came to power, the Philippines has been trying to “legalize” the illegal Award of the South China Sea Arbitration Case through its domestic legislature, and on this basis, expand its maritime jurisdiction in the South China Sea, which is not its own. Under the pretext of implementing the Two Acts, the Philippines made illegal rulings and continued to push forward its aggressive maritime expansion, attempting to legitimize its actions of violating China’s territorial sovereignty and maritime rights and interests in the South China Sea. China must be highly vigilant and constantly enrich and improve the domestic legal toolbox of maritime rights protection while using international law to fight against the Philippines, so as to curb the infringement actions that the Philippines constantly provokes.

(Author: Xu Qi, Vice Dean and Associate Professor, Institute of Foreign Rule of Law, Jinan University)