‘TOL VIEWS
The Philippines is an archipelagic and maritime nation. With a total of 7,641 islands, we are the second-largest archipelago in the world. More than 62 percent of the country’s municipalities and cities thrive on our coasts. Many of us rely on the bounty of our seas for food. With all the wealth from our waters – both in terms of culture and natural resources, we are obliged to have the collective responsibility to uphold, sustainably harness, and protect our maritime domain.
The fundamental interests of the Philippines are inextricably linked to its waters. This necessitates and underscores the importance of having effective maritime governance. At its core lies the clear identification of the maritime areas over which the Philippines exercises sovereignty, control, or sovereign rights and jurisdiction, and of the specific legal powers that the Philippines would exercise in those areas.
The United Nations Convention on the Law of the Sea or UNCLOS governs the allocation of maritime areas and the states’ rights, entitlements, and responsibilities over these. It has been more than 41 years since UNCLOS was adopted, and as a party to the convention, the Philippines is duty-bound and legally-bound to exercise its entitlements, perform its treaty obligations, and ensure that our domestic laws are in harmony with the provisions of UNCLOS. In 1998, the Philippines also declared that it “intends to harmonize its domestic legislation with the provisions of the Convention,” and I am referring to UNCLOS.
In 2009, the Philippines made the first significant step through the enactment of Republic Act 9522, which made the baselines of the Philippines fully compliant with UNCLOS. The Supreme Court declared in the case of Magallona vs Executive Secretary, that, “The enactment of UNCLOS-compliant baselines law for the Philippine archipelago and adjacent areas, as embodied in RA 9522, allows an internationally-recognized delimitation of the breadth of the Philippines’ maritime zones and continental shelf.”
After the passage of the baseline law, the next logical step for the Philippines to take is to enact a law that will establish with certainty our territorial sea, contiguous zone, exclusive economic zone (EEZ), and our continental shelf and allow us to further understand and exercise our rights and obligations in each zone as underscored by UNCLOS and other relevant laws. The Philippine Maritime Zones Act will enable the Philippines to fully enforce applicable maritime laws and enjoy its rights over its territory and exclusive economic zone and pave the way for clarifying and updating relevant maritime laws and policies which have been enacted prior to UNCLOS. This will further fortify our rights and entitlements over our maritime zones and provide the country with a strong diplomatic negotiating tool in pursuing our interests therein.
In addition to this, the clear delineation of the maritime boundaries of the Philippines will help relevant government institutions in harnessing ocean resources and maritime spaces that are crucial in developing the country’s blue economy potential. According to a study by Dr. Rhodora Azanza, the blue economy potential of the Philippines, using 2007 prices, is pegged at US$966 billion to US$1.5 trillion if the continental shelf is included.
In sum, the Maritime Zones Law will help the Philippines in numerous ways and can even serve as a foundational policy that: (1) serves as the driving force for the Philippines to forge a comprehensive maritime security framework, (2) advances the Philippine interest most especially in terms of protecting, sustainably harnessing, and maximizing the Philippines’ marine resources, (3) provides guidance on the rights, duties, and entitlements of the Philippines on different maritime zones, and (4) finally, be utilized to further the goals of other relevant maritime laws of the Philippines.
It is now our turn to continue the work of Senator Arturo Tolentino by adopting one of the most important laws in our country’s history. The Philippine Maritime Zones Act of 2023 will be inscribed as a pivotal moment in our maritime history. There have already been many incidents of aggression from our Chinese counterparts. One too many incidents of aggression already. It is time we take a stand against this bullying. With the passage of this Maritime Zones Act, we are taking a firm stand.