Philippines turns to maritime law for legal teeth against China

Observers say the proposed law “enforces” for the first time the 2016 arbitral ruling and embeds the term West Philippine Sea, coined by the administration of the late President Benigno Aquino III.

When Congress approved the latest version on July 17, maritime law expert Jay Batongbacal described it as a “foundational law”, setting out in clear terms “the Philippines’ adherence to Unclos [United Nations Convention on the Law of the Sea]”.

While the draft law has made no mention of China, its main sponsor, Senator Francis Tolentino, who guided its passage through Congress, told colleagues on November 28 last year: “May I just also remind my dear colleagues of the many incidents of aggression from our Chinese counterparts that we have experienced recently in the West Philippine Sea.

“It is time we take a stand against this bullying. With the passage of this Maritime Zones Act, we are taking a firm stand.”

Two weeks before Tolentino’s comments, the Chinese coastguard had chased, surrounded and blasted with powerful water cannons at a Philippine coastguard ship and other vessels resupplying the BRP Sierra Madre, a grounded warship serving as a military outpost for Manila on the Second Thomas Shoal.

When the Philippine Senate approved the law on February 28 this year with all senators voting “yes”, China filed a diplomatic protest against its passage.

“China firmly opposes it and has lodged solemn démarches to the Philippines,” its Ministry of Foreign Affairs spokeswoman Mao Ning said during her March 5 daily briefing.

Xinhua state news agency quoted Mao as saying the proposed law was an attempt to enforce the “illegal” 2016 arbitral award, in which The Hague dismissed Beijing’s claims to the South China Sea.

“Under the pretext of