CHINA / DIPLOMACY
Statement of the Ministry of Foreign Affairs of The People’s Republic of China On the Enactment by the Republic of the Philippines Of Its “Maritime Zones Act” and “Archipelagic Sea Lanes Act”
Published: Nov 08, 2024 09:21 PM
With regard to the “Act Declaring the Maritime Zones under the Jurisdiction of the Republic of the Philippines” (hereinafter referred to as the “Maritime Zones Act”) and the “Act Authorizing the President of the Philippines to Establish the Archipelagic Sea Lanes in Philippine Archipelagic Waters” (hereinafter referred to as the “Archipelagic Sea Lanes Act”) announced by the Republic of the Philippines on November 8, 2024, the Ministry of Foreign Affairs of the People’s Republic of China solemnly states the following:

I. The Philippine Maritime Zones Act illegally includes China’s Huangyan Dao and most of the islands and reefs of China’s Nansha Qundao (Nansha Islands) and relevant waters into the maritime zones of the Philippines, and attempts to enshrine the illegal award of the South China Sea arbitration in the form of domestic legislation. China strongly condemns and firmly rejects this as the move gravely infringes upon China’s territorial sovereignty and maritime rights and interests in the South China Sea. China’s territorial sovereignty and maritime rights and interests in the South China Sea shall by no means be affected by the enactment of the Act.

II. China has sovereignty over Nansha Qundao and the adjacent waters, and Zhongsha Qundao (Zhongsha Islands), including Huangyan Dao, and the adjacent waters, and has sovereign rights and jurisdiction over relevant waters. The aforementioned territorial sovereignty and maritime rights and interests of China have solid historical and legal basis, and are compliant with international law including the United Nations Convention on the Law of the Sea (UNCLOS).

III. The territory of the Philippines is defined by a series of international treaties, including the 1898 Treaty of Peace Between the United States of America and the Kingdom of Spain (the Treaty of Paris), the 1900 Treaty Between the United States of America and the Kingdom of Spain for Cession of Outlying Islands of the Philippines (the Treaty of Washington), and the 1930 Convention Between His Majesty in Respect of the United Kingdom and the President of the United States Regarding the Boundary Between the State of North Borneo and the Philippine Archipelago. The Philippines’ territory so defined has nothing to do with China’s Huangyan Dao and Nansha Qundao. The Philippines has invaded and illegally occupied Mahuan Dao, Feixin Dao, Zhongye Dao, Nanyao Dao, Beizi Dao, Xiyue Dao, Shuanghuang Shazhou and Siling Jiao of China’s Nansha Qundao, and by doing so has seriously violated international law, including the Charter of the United Nations. It broke its own promise and kept a warship illegally grounded at Ren’ai Jiao of China’s Nansha Qundao for decades, thus infringing upon China’s territorial sovereignty and violating the Declaration on the Conduct of Parties in the South China Sea (DOC), especially its Article 5 which asks the parties to refrain from action of inhabiting on the uninhabited islands and reefs. Once again China urges the Philippines to immediately withdraw all its personnel and facilities from the aforementioned islands and reefs and immediately tow away the warship illegally grounded at Ren’ai Jiao. The establishment of the so-called “Kalayaan Island Group” beyond its own territorial scope by the Philippines infringes upon China’s territorial sovereignty, and is illegal and invalid.

IV. The Philippines’ unilateral initiation of the South China Sea arbitration without the Chinese government’s prior consent seriously violates UNCLOS and substantially impairs the integrity and authority of UNCLOS. The Arbitral Tribunal handled the case ultra vires and rendered the award in distortion of law; hence the award violates international law including UNCLOS, and is null and void. China has neither accepted or participated in the arbitration, nor does China accept or recognize the so-called award. China opposes and will never accept any claim or action based on the award. China’s territorial sovereignty and maritime rights and interests in the South China Sea shall under no circumstances be affected by the award.

V. The Philippines’ attempt to whitewash its illegal claims and actions in the South China Sea by adopting the Maritime Zones Act in the name of implementing UNCLOS is illegal and invalid. The Act seriously violates the DOC and will inevitably complicate the situation in the South China Sea. China will firmly respond to any infringement or provocative actions taken by the Philippine side in the South China Sea citing the Act as the ground.

VI. The Chinese side urges the Philippine side to earnestly respect China’s territorial sovereignty and maritime rights and interests, immediately stop any unilateral moves that may escalate disputes or complicate the situation, and uphold peace and stability in South China Sea through concrete action.

VII. Many provisions contained in the Philippines’ Archipelagic Sea Lanes Act are incompatible with international law and resolutions of the International Maritime Organization (IMO). The Chinese side demands that the Philippine side earnestly abide by international law and refrain from undermining the legitimate rights of all parties under international law, including UNCLOS.