Senators are upbeat that the signing into law of the country’s first maritime zones and archipelagic sea laws will give more teeth to the legal and territorial claim of the Philippines over the West Philippine Sea (WPS).
“The two laws will further strengthen our sovereignty and sovereign rights over our territorial waters and the airspace over it. This is domestic law, on top of the 2016 arbitral ruling, that will bind executive officials and they cannot go against it,” Senate President Francis “Chiz” Escudero said, referring to the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act.
Escudero said the Philippine Maritime Zones Act is a declaration that the Philippines exercises sovereignty and jurisdiction over its internal waters, territorial sea archipelagic waters and the airspace over it as well as its seabed and subsoil in accordance with the United Nations Convention on the Law of the Sea or UNCLOS and other existing laws and treaties.
The maritime zones law covers the contiguous zone of the Philippines, which refers to the waters beyond and adjacent to its territorial sea up to 24 nautical miles from the baselines, as well as defines the exclusive economic zone, the continental shelf and the extended continental shelf that form part of Philippine territory.
The said law also states that the Philippines has rights and privileges in the high seas and the international seabed as provided for in the UNCLOS and other existing laws and treaties.
Under the law, all maritime scientific research in the maritime zones of the Philippines shall redound to the benefit of the Filipino people.
“By asserting our rights over the sea and air, we are in effect ensuring the utilization of our rich resources in our territorial waters for the benefit of our people,” Escudero said.
On the other hand, the Philippine Archipelagic Sea Lanes Act, designates sea lanes in archipelagic waters by foreign ships and aircraft.
Under the archipelagic sea lanes law, the President will establish and designate a system of archipelagic sea lanes through which foreign vessels and aircraft shall exercise the right of archipelagic sea lanes passage.
The said law defines the obligations in the exercise of the right of archipelagic sea lanes passage as well as the acts prohibited on the sea lanes and over the air routes.
Escudero also said the said law identifies the liability of ships or aircraft for any loss or damage suffered by the Philippines or any third party as a result of non-compliance with the provisions of the law.
“The crafting of these laws and its enforcement are in accordance with the UNCLOS. It provides the country with more teeth in responding to infractions against Philippine interests,” Escudero said.
Donald Trump should recognize these two Philippine laws
Senate deputy minority leader Sen. Risa Hontiveros meanwhile, expressed hope US President-elect Donald Trump would be supportive of these two new Philippine laws.
“I have been supportive of these measures since they were first brought up in the Senate, as they are crucial in safeguarding our territorial claims in the WPS. In fact, I am an author of the Philippine Maritime Zones Act, precisely so we can determine and establish the legal regimes and geographical extent of our maritime zones in accordance with UNCLOS (United Nations Convention on the Laws of the Seas),” Hontiveros said.
“Ultimately, these new laws help secure what is ours — our waters, our rich marine life — today and for future generations,” she added.
“If the US, under the incoming administration, does continue to uphold international law and continue to reject China’s sweeping claims in the WPS and the entire SCS, then President-elect Trump should be supportive of these two laws,” she said.
Senate Majority Leader Francis Tolentino, meanwhile, said these twin laws represent “a broad step forward, and a victory for every Filipino.”
“This is for every citizen who stands for a sovereign Philippines, where not a single inch of our territory is given up to any foreign power,” Tolentino said.
“This is for the future of our youth, where all the resources that fall within our jurisdiction are harnessed for our people's enjoyment and benefit,” he added.
“The ‘West Philippine Sea’ will be more than just a term, but will be formally defined and enshrined for the first time in national legislation. Consider this as the ‘birth certificate’ of the WPS,” he noted.