Executive Summary

The Philippines has introduced two pivotal maritime laws — the Philippines Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act — aimed at reinforcing sovereignty and securing its waters in the South China Sea (SCS). These laws have intensified regional disputes, particularly with China and Malaysia, over the contested maritime territories. This report delves into the historical context of these disputes, the dynamics of the new legislation, and its implications on regional stability, with a focus on the geopolitical actions of key players like ASEAN, the USA, and neighboring Southeast Asian nations.

Introduction

The South China Sea is a critical maritime region, abundant in resources and strategically vital for global trade. Over decades, this region has witnessed escalating disputes involving multiple nations, including China, the Philippines, Vietnam, Malaysia, and others.

Amid these tensions, the Philippines enacted two laws under President Ferdinand Marcos Jr.:

1. The Philippines Maritime Zones Act, which defines the nation’s maritime boundaries.
2. The Philippine Archipelagic Sea Lanes Act, regulating foreign vessel passage to enhance security and environmental conservation.

Conflict Background

The South China Sea dispute centers around China’s claim to the “Nine-Dash Line,” encompassing 62% of the region. Despite a 2016 ruling by the Permanent Court of Arbitration invalidating China’s claims, Beijing has refused to recognize the decision.

• Key Incidents:
  • China’s reclamation activities and creation of artificial islands in the Spratly Islands.
  • Frequent clashes, including the 2023 Sabina Shoal collision between Philippine and Chinese vessels.

The dispute persists as China continues to assert dominance, disregarding international law.

Conflict Dynamics

The Philippines’ legislative actions serve as a direct challenge to China’s claims. The Maritime Zones Act provides a legal foundation for enforcing sovereignty over its Exclusive Economic Zone (EEZ). The Archipelagic Sea Lanes Act enhances maritime security and ensures sustainable resource use.

Key Actors and Alliances:

• President Ferdinand Marcos Jr.: Advocates a robust stance against Chinese aggression, aligning closely with allies like the USA.
• USA: Supports the Philippines through defense treaties, military aid, and joint exercises to deter Chinese assertiveness.
• ASEAN: Plays a diplomatic role but struggles to enforce a unified response due to economic ties with China.

Impact Analysis

1. Philippines-China Relations: The laws exacerbate tensions, with China responding by drawing baselines around disputed territories like the Scarborough Shoal.
2. Regional Disputes: Malaysia has also voiced objections over overlapping claims.
3. Economic and Security Gains: The laws empower the Philippines to protect fisheries and develop energy resources, critical for economic growth.

Geopolitical Shifts:

• Strengthening ties with Vietnam and other Southeast Asian nations.
• Increased dependency on alliances with the USA, Japan, and Australia for defense and economic security.

Conflict Resolution and Management

Role of ASEAN:

• Implement a Code of Conduct (COC) to manage disputes and establish a clear legal framework.
• Use platforms like the East Asia Summit to mediate discussions.

Allies’ Involvement:

• Expand defense collaborations through joint exercises and strategic investments.
• Leverage treaties like the Mutual Defense Treaty (MDT) with the USA to deter Chinese advances.

Philippines’ Strategy:

• Focus on developing the blue economy by investing in renewable energy and marine biotechnology.
• Continue proactive diplomacy with ASEAN and non-ASEAN allies.

Future Outlook

While the maritime laws signify a bold step towards asserting sovereignty, sustained dialogue with China and broader regional cooperation remain vital to prevent large-scale conflict.

Recommendations:

• Encourage ASEAN-led multilateral negotiations.
• Advance defense capabilities and alliances for deterrence.
• Harness marine resources for sustainable economic growth.

Conclusion

The Philippines’ legislative measures are essential for safeguarding its maritime rights and bolstering its position in the South China Sea. However, long-term stability requires a balanced approach that combines legal enforcement, regional diplomacy, and strategic alliances.