THE Department of Foreign Affairs yesterday blasted China’s issuance of a new policy allowing its coast guard to detain foreign nationals who will trespass into South China Sea, saying it has no basis in international law and as such cannot be enforced in the high seas.
The DFA’s statement came a day after it also issued a statement saying that an advisory opinion issued by the International Tribunal for the Law of the Sea (ITLOS), which recognized key parts of the 2016 South China Sea arbitration ruling, is “authoritative.”
“Every sovereign state has the right to formulate and enact laws, including the enforcement of domestic legislation within its jurisdiction. However, a state’s domestic laws may not be applied and enforced in the territory, maritime zones or jurisdiction of other states, nor violate other sovereign states’ rights and entitlements under international law. These same domestic laws cannot be applied nor enforced in the high seas under international law,” the DFA said of China’s recent issuance of “Regulations on Administrative Law Enforcement Procedures for Coast Guard Agencies.”
“China would be in direct violation of international law should it enforce these new regulations in the waters and maritime features within the illegal, null and void, and expansive 10-dash line, which would effectively cover areas of the West Philippine Sea where the Philippines has sovereignty, sovereign rights and jurisdiction, or in the high seas,” it added.
The regulation was approved and on May 15, and is supposed to take effect on June 15.
ILLEGAL
The department said even the basis of the new policy — China’s 2021 Coast Guard Law — is illegal as it expanded its maritime law enforcement powers in contravention of international laws.
“China must ensure that its relevant legislation clearly reflect and abide by its commitments and obligations under international law, particularly the 1982 United Nations Convention on the Law of the Sea, and the binding 2016 Arbitral Award on the South China Sea, as well as the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC),” the DFA added.
The DFA also reiterated its call for Beijing to comply with international law and desist from any action that would undermine peace and security in the region.
Earlier, President Ferdinand Marcos Jr. said China’s new policy is “unacceptable” as he vowed to protect Filipino fishermen amid increasing tension in the disputed waters.
“I do not talk about the operational details so we will leave it to us. But the position we take is that it is unacceptable. We will take whatever measures to always protect our citizens,” Marcos added.
Philippine Coast Guard Spokesman for the West Philippine Sea Commodore Jay Tarriela has said China’s order is illegal as it cannot implement its domestic laws within the Philippines’ territory.
ITLOS OPINION
The DFA, in a statement Saturday, welcomed the ITLOS advisory opinion which was issued in response to a request submitted by the Commission of Small Island States on Climate Change and International Law in December 2022.
The DFA said the Philippines, as a state party to the United Nations Convention on the Law of the Sea (UNCLOS), participated in the proceedings in September 2023 to support the call of small island states for protection against the impact of climate change.
“The ITLOS cited the South China Sea Arbitration Award of 12 July 2016 as authoritative in key parts of the Advisory Opinion. Further, 26 States or groups of States also referenced the Award as legal authority in their respective oral and written statements during the ITLOS proceedings,” the DFA said.
“This bolsters and reinforces the legitimacy of the final and binding 2016 Arbitration Award, and its unassailable status as part of the corpus of international law. The Philippines therefore takes this opportunity to reiterate its continuing call for full compliance with the Award,” it added.
To recall, the 2016 arbitration ruling upheld the Philippines’ exclusive economic zone over China’s nine-dash line claim, saying the latter has no legal or historical basis for its expansive claim in the South China Sea.
China, however, refused to honor or abide by the arbitral ruling.
The DFA said Manila is “diligently studying” the ITLOS advisory opinion and its implications for the state parties to UNCLOS, “particularly on the duty to protect and preserve the marine environment in the context of greenhouse gas emissions, climate change impacts, and ocean acidification.”
“The Philippines recognizes that advisory opinions are significant contributions to the clarification and development of international law. The Philippines reiterates the rule of law ensures equity in the global commons and a fair, just, and peaceful multilateral world order,” the DFA said, as it invited other countries to study the ITLOS opinion.
NOT A SOLUTION
Senate deputy minority leader Risa Hontiveros slammed China for “flexing her muscles” around the South China Sea (SCS) days after the inauguration of Taiwan’s new president.
“Militarizing the SCS is not the solution. Instead of working with governments to abate the tensions in the region, all Beijing has done is make matters worse. Taiwan, like any other free and democratic people, have the right to choose their leaders and other elected representatives,” Hontiveros said in a statement.
China on Thursday last week launched “punishment” drills around Taiwan in what it said was a response to “separatist acts,” sending up heavily armed warplanes and staging mock attacks as state media denounced newly inaugurated President Lai Ching-te, Reuters reported.
The exercises, in the Taiwan Strait and around groups of Taiwan-controlled islands beside the Chinese coast, came just three days after Lai, a man Beijing detests as a “separatist,” took office.
Hontiveros expressed hope that the international community “can equivocally stand with Taiwan amid China’s continued belligerence.”
“Any conflict in our region affects not only our neighbors, but also the entire world,” she added.
She assured Lai “that he has allies in the Philippines.”
“As a fellow believer in democracy, I would like to express my renewed commitment to support all his current and prospective efforts to help safeguard peace and security in our region,” she added. — With Raymond Africa
