By Nantoo Banerjee from Manila
The US-backed new Philippine Maritime Zones Act and Archipelagic Sea Lanes Act clearly defining the extent and boundaries of the country’s maritime zones and nullifying China’s sweeping claims in the South China Sea promises to raise fresh tensions in the region threatening to affect the estimated global maritime trade of around US$5 trillion annually. Earlier this month, the laws were signed and sealed by Philippines President Bongbong Marcos. They were instantly supported by the US, which said the Philippines can depend on a “chorus of nations” declaring support for the 2016 arbitral ruling to defend its maritime rights and entitlements as well as help maintain a rule-based order in the face of China’s aggression and flouting of international law.
“We are proud to be among the chorus of nations that have constantly lent their voices to supporting the Philippines and calling out unlawful and escalatory behavior,” US Ambassador Marykay Carlson said. Many feel that China’s claims of the sea would probably sound as absurd as if India claims the Indian ocean is in its domain.
The new laws also pave the way for the free movement of trade through the region. It provides a vital trade route connecting the main trade arteries of Southeast Asia. The region is geographically established as very rich in natural resources, including hydrocarbon reserves and marine life. The region is claimed by China, Brunei, Indonesia, Malaysia, the Philippines, Taiwan, and Vietnam, which have often led to tensions and disputes. They can impact fishing rights and resources, and can also challenge shipping. The global shipments passing through the region is estimated to be around one-third of the world maritime trade.
China’s trade is most dependent on the South China Sea, with 64 percent of its trade passing through the region. India also relies heavily on the South China Sea for about 55 percent of its trade. The maritime trade involves the exchange of products through the use of vessels, ranging from massive container ships to nimble tankers and cargo vessels. This intricate web of maritime commerce touches upon such aspects as shipping lanes, ports, logistics, and international trade agreements.
With the new acts coming into effect after the normal gazette notification within a fortnight, the Philippine reaffirms its sovereignty over its internal waters, territorial sea, archipelagic waters as well as the country’s sovereign rights and jurisdiction over the exclusive economic zone (EEZ) and continental shelf. The Philippine Archipelagic Sea Lanes Act enables the country to regulate the passage of foreign vessels and aircraft within the country’s archipelagic waters. The legislation ensures that the country’s maritime domain remains secure and that foreign activities within its waters are effectively regulated. “These laws empower us to govern our maritime zones effectively …… We are committed to working closely with all relevant stakeholders to ensure the full implementation and enforcement of these vital pieces of legislation,” said the Philippine’s National Security Advisor Eduardo Ano.
Expectedly, the new laws did not go well with Beijing, which had almost instantly summoned the Philippine ambassador to lodge a strong protest. According to reports in the Manila-based Philippines media, Chinese foreign ministry spokesperson Mao Ning said the enactment of the laws “seriously infringes on China’s territorial sovereignty and maritime rights and interests in the South China Sea. China strongly condemns and firmly opposes it.” The move was described as an attempt by Manila to “solidify the illegal ruling of the South China Sea arbitration case through domestic legislation.”
Incidentally, armed confrontations between Chinese coast guards and naval forces and their Philippine counterparts have increased “alarmingly” since last year. It is to be seen how the US, a long standing diplomatic and strategic ally of the Philippines, reacts to the development after the newly elected US president, Donald Trump, takes charge in January, next year. Washington had repeatedly warned that it is obliged to defend the Philippines if Filipino forces, aircraft or ships come under an armed attack in the West Philippine Sea under the Mutual Defense Treaty.
All eyes are at the response of the US administration under the new president. The facts about the South China Sea’s strong presence in the global maritime trade show that apart from a massive cargo movement through the route involving such economic powers such as China, the US, Japan, India, Korea, Indonesia, Malaysia, Thailand and Singapore, around 40 percent of the world’s petroleum products are delivered through the South China Sea. Tens of thousands of cargo vessels pass through the South China Sea each year.
The South China Sea is linked to the East China Sea by the Taiwan Strait and to the Philippine Sea by the Luzon Strait. It contains some of the world’s most important shipping lanes. The main route to and from Pacific and Indian ocean ports is through the Strait of Malacca and the South China Sea. China’s territorial claims in the South China Sea clash with those of the Philippines, Vietnam, Malaysia, and Brunei which are concerned about their sovereign rights, fisheries, and economic livelihoods.
On the contrary, the control of the region is very important for China’s assertion as a formidable global power, its unhindered deep-sea exploration in the area and the country’s strong resolve for “reunification” of Taiwan. The two new Philippine acts will make things complicated for China, which has already contested the laws, to achieve the objectives. The situation may also pose a big challenge before the US administration under Donald Trump, projecting himself as a peacekeeper of the world. (IPA Service)
