Philippines Stirs South China Sea Tensions with New Maritime Laws

The Philippines has enacted new maritime laws, escalating tensions in the disputed South China Sea. What do these laws mean for regional stability and global trade?

A recent confrontation occurred between Philippine and Chinese vessels in the disputed South China Sea waters. The incident happened on Wednesday, with both sides exchanging blame. According to Manila, a Chinese patrol vessel fired a water cannon and “sideswiped” a Philippine coast guard boat.

China has a different account of the incident, claiming that Philippine coast guard vessels attempted to “intrude into China's territorial waters” around Huangyan Island, also known as Scarborough Shoal. This area is a ring of shallow rocks approximately 220 kilometers off the coast of the Philippine island of Luzon.

China claims nearly the entire South China Sea as its maritime territory. However, a 2016 international tribunal ruling declared these claims invalid under the UN Convention on the Law of the Sea (UNCLOS).

The United Nations Convention on the Law of the Sea (UNCLOS) plays a crucial role in defining maritime boundaries. According to UNCLOS, a country's Exclusive Economic Zone (EEZ) extends 200 nautical miles from its landmass, granting it rights to marine resources within this area.

The location of Scarborough Shoal, a frequent site of confrontations, is significant in this context. Measuring over 460 nautical miles (765 kilometers) from the nearest Chinese shore on Hainan Island, Scarborough Shoal falls well within the Philippine EEZ. This highlights the complexity of the territorial dispute between China and the Philippines.

These territorial disputes in the South China Sea are not limited to China and the Philippines. Other countries, primarily Malaysia and Vietnam, have overlapping claims in the region. This multi-faceted dispute underscores the need for a comprehensive resolution that respects the rights and interests of all parties involved.

The Philippines has taken a significant step in asserting its maritime claims by enacting two new laws: the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act. These laws, signed by President Ferdinand Marcos Jr. on November 8, aim to protect the country's maritime resources, preserve biodiversity, and ensure the waters remain a source of life and livelihood for Filipinos. As Marcos emphasized, “These signal our resolve to protect our maritime resources, preserve our rich biodiversity, and ensure that our waters remain a source of life and livelihood for all Filipinos.”

However, these laws have sparked a regional backlash, particularly from China, which quickly labeled the acts an “illegal ruling.” China's objections stem from the laws' imposition of fixed lanes for foreign ships, which Beijing sees as an infringement on its territorial claims. In response, China summoned the Philippine ambassador to lodge a protest, accusing Manila of taking “unilateral” actions.

The Philippines' move is seen as part of a broader strategy to counter China's growing assertiveness in the region. Experts suggest that these laws provide important leverage in challenging China's territorial claims. The United States has also expressed support for the Philippines' efforts to assert its sovereignty, with the two countries resuming joint naval exercises and the U.S. providing advanced defense technology.

The new Philippine legislation has sparked outrage in Malaysia, with Deputy Foreign Minister Mohamad Alamin stating that the laws reaffirm Manila's territorial claim over the Malaysian state of Sabah in northern Borneo. This dispute dates back to colonial times, highlighting the complex history of territorial claims in the region.

In a separate development, Vietnam and the Philippines have strengthened their defense and military ties, agreeing to enhance maritime security collaboration in response to China's growing assertiveness in the disputed waters. The two countries are set to sign a formal agreement before the end of the year, pledging to resolve disagreements peacefully under international law.

Shahriman Lockman, director of special projects at the Institute of Strategic and International Studies in Malaysia, emphasizes that the Philippines' overlapping claims are “provocative” for Malaysia. Lockman notes, “Many people often overlook that the overlapping claims in the South China Sea are not solely between China and Southeast Asian claimants, but also involve disputes among the Southeast Asian claimants themselves.” This highlights the intricate web of territorial disputes in the region, involving multiple countries with competing claims.

Shahriman Lockman, director of special projects at the Institute of Strategic and International Studies in Malaysia, emphasizes the sensitivity of the Philippine claims on Malaysia. “In some ways, the Philippine claims are especially provocative for Malaysia, for they encompass the Malaysian state of Sabah in Borneo. This is not an uninhabited island but a state with nearly 4 million people and the second largest by area in Malaysia,” Lockman said. This highlights the complexity of territorial disputes in the region, with competing claims involving inhabited areas.

Malaysia has consistently protested the Philippine claims, and Lockman notes that this is a long-standing issue. “Malaysia's protests are nothing new,” Lockman added. “What would be unusual is their absence.” This underscores the deep-seated nature of the dispute and the need for a comprehensive resolution.

According to Lockman, one of the challenges in resisting China's assertiveness in the region is the diversity of disputes among Southeast Asian claimants. “The reality for each individual claimant varies significantly, and this highlights the issue with the world viewing the situation through a narrow lens that reduces it to a China-versus-Southeast Asia narrative,” Lockman said. This complexity makes it difficult for countries to present a unified front against China's claims.

Malaysia's Prime Minister Anwar Ibrahim has been strengthening ties with China since taking office in 2022. China has been Malaysia's top trading partner since 2009, accounting for 17% of Malaysia's global trade, valued at close to $100 billion (€95 billion). This significant economic relationship is a key factor in Malaysia's reluctance to oppose Beijing's claims or actions in the South China Sea, despite their own longstanding territorial disputes with China.

Anwar's approach to China is consistent with Malaysia's established foreign policy tradition, which views China as a crucial economic partner. Since the 1990s, Malaysia-China relations have been generally positive, with occasional ups and downs. Anwar has visited China twice in 2023, praising China's leader Xi Jinping and endorsing his “Community of Shared Future” concept.

Malaysia's priorities in maintaining strong ties with China are evident in its actions. Protecting the country's economic ties with China is paramount, and Anwar has defended his government's China-friendly foreign policy while maintaining that Malaysia remains “fiercely neutral” in navigating the region's geopolitical dynamics.

Malaysia's approach to its dispute with China over the South China Sea is notably quieter compared to the Philippines' open defiance. According to Ian Chong, a political scientist in Singapore, “the Philippines' open defiance of China's claims contrasts with Malaysia's 'muted and private responses' to the Beijing protest at Malaysia's oil exploration and Beijing's deployment of coast guard vessels off the coast of Sarawak.” This difference in approach is telling, as it suggests that Malaysia is more cautious in its dealings with China.

Chong notes that Malaysia's quieter approach indicates that the country is “ready to pressure” countries like the Philippines, which it considers “relatively weaker,” while being less willing to stand up to China, which offers “significant economic opportunities.” This highlights the complex dynamics at play in the region, where countries are navigating competing interests and priorities.

Malaysia's decision to take a quieter approach may be driven by its desire to maintain close economic ties with China. As China is Malaysia's top trading partner, accounting for 17% of Malaysia's global trade, valued at close to $100 billion, it's clear that economic considerations are a key factor in Malaysia's approach to the dispute.