Two consultants on Thursday mentioned that enacting a maritime zones regulation would strengthen the Philippines’ place in asserting its sovereignty over the West Philippine Sea (WPS).
Gregory Poling, a senior fellow of the Southeast Asia Program and Asia Maritime Transparency Initiative on the Center for Strategic and International Studies, pressured the significance of such a regulation, saying any measure based mostly on the UN Convention on the Law of the Seas (UNCLOS) will “shine a greater light on the illegal nature of China’s maritime claims.”
“I would argue that it’s both legally and just importantly diplomatically a feather in the cap of the Philippines because it further gives Manila the moral high ground in these disputes,” he mentioned at a listening to by the Senate Special Committee on Philippine Maritime and Admiralty Zones.
“The Philippines claims are already well fortified under international law. Elaborating that in domestic legislation only further clarifies the issue. It doesn’t change the nature of Philippine claims. The Philippines is entitled to these claims; they are immutable just as they are for every other nation under UNCLOS,” he added.
Lawyer Neil Silmon Silva of the University of the Philippines’ Institute for Maritime Affairs and Law of the Sea, additionally posited that the proposed laws is required for authorized and political causes.
Silva mentioned that there are legal guidelines earlier than the institution of UNCLOS which are inconsistent with the at the moment carried out worldwide regulation.
“Marami po tayong batas na pwede nating sabihing zombie. Kumbaga patay na, pero naglalakad pa. Nung labo-labo pa po ‘yung mga batas pandaigdigan tungkol sa dagat, lahat ng bayan nag gawa naman sila ng pangsariling rehimen at batas. At ngayon na may UNCLOS na tayo, kinakailangan na pong isang-ayon na natin ang batas natin sa UNCLOS, pero may mga lumang batas na hindi pa natin na-amend. ‘Yung iba naman po na-amend impliedly lang po, hindi expressly,” he said.
(We have many laws that might be described as ‘zombies.’ Dead but still walking. Before there was a universal law on the sea, countries would make their own laws. Now that we have UNCLOS, we have to align our laws with UNCLOS, but we still have some old laws that we have not yet amended. Others are only implied to have been amended, not expressly.)
Silva said a maritime zones law is also needed because other neighboring countries have pointed out that the Philippines is slow in amending its laws in compliance with UNCLOS.
“May political reason bakit kailangan ang Maritime Zones bill, dahil kung tayo po ay ipapapagtanggol natin ang ating kasarinlan at ia-uphold natin through law enforcement and others, kailangan natin na may kakayahan tayo at pag may limitasyon ang kakayahan natin ay kailangan natin ang support ng international community upang tulungan tayo ng karapatan,” he said.
(There is a political reason why we need a maritime zones bill. If we are going to champion our independence and uphold it through law enforcement and others, we need to have the capability. If there are limits to our capabilities, we need the support of the international community, to help uphold our rights.)
“Kung gusto natin ang suporta ng international community, kailangan ang batas natin tugma sa batas ng international community upang we’re on the identical web page legally at meron tayong diplomatic foundation upang ma-secure ang kanilang help,” he added.
(If we would like the help of the worldwide group, we want a regulation that aligns with the legal guidelines of the worldwide group in order that we’re on the identical web page legally, and there is a diplomatic foundation to securing their help.)
Transport routes
After the enactment of a maritime zones regulation, Silva mentioned, the Philippines ought to enact a regulation on archipelagic sea lanes and air routes.
He mentioned that the Philippines can cross a regulation that might govern all ships and plane passing by its sea lanes and overflight routes, below the UNCLOS.
If the Philippines doesn’t enact such a regulation, Silva mentioned, ships and aircrafts can use the routes which are usually used for navigation.
“Kung mag-designate tayo at i-negotiate natin sa International Maritime Organization at sa ibang maritime states kung ano ang acceptable designation, puwede nating malimit kung saan pwedeng dumaan sa [archipelagic sea lanes] passage,” he added.
(If we make a suitable designation and negotiate it with the International Maritime Organization and different maritime states, we’d have the ability to restrict the place ships can go.)
Response to 10-dash line
Created in July, the particular Senate panel mentioned the proposed Maritime Zones Act, which is able to set up the extent of Philippine jurisdiction over its unique zones and its continental shelf.
Senator Francis Tolentino, the panel chairman, earlier mentioned the invoice will probably be handed together with one other measure that can set up the Philippine Archipelagic Sea Lanes.
Currently, there are seven payments filed on the Philippine Maritime Zones Act whereas there are 4 payments on the Philippine Archipelagic Sea Lanes.
Tolentino and Senate President Juan Miguel Zubiri mentioned in August that the Senate will fast-track the passage of the Philippine Maritime Zones invoice amid China’s launch of the brand new 10-dash line map which locations almost your entire South China Sea, together with Taiwan and an Indian state, inside its nationwide boundaries.
Tolentino mentioned the proposed measure can be “a response to the 10-dash line.” — BM, GMA Integrated News
Source: www.gmanetwork.com
