By: Lipun Kumar Sanbad

The Philippines, an archipelagic nation with over 7,000 islands, sits at the heart of one of the world’s most strategically significant maritime regions. Its maritime sovereignty is not only central to its national security but also crucial for its economic stability and international standing. However, the Philippines faces multi-faceted challenges in asserting and protecting its maritime sovereignty, primarily due to overlapping territorial claims, regional geopolitical dynamics, and internal policy weaknesses. One of the most pressing issues for the Philippines is the overlapping territorial claims in the South China Sea. This area is not only rich in natural resources but also a crucial maritime route for global trade.

The Philippines’ claim, based on the United Nations Convention on the Law of the Sea (UNCLOS), conflicts with China’s expansive “nine-dash line” claim. This has led to significant diplomatic and military tensions between the two nations. The Permanent Court of Arbitration’s ruling in favor of the Philippines in 2016 was a landmark victory, yet enforcing this ruling remains a formidable challenge due to China’s continued assertive actions and the lack of a binding enforcement mechanism. the Philippines’ maritime sovereignty is critical to its national security and economic prosperity. However, it faces significant challenges due to overlapping territorial claims, regional geopolitical dynamics, and internal policy weaknesses. By adopting a comprehensive strategy that includes military, diplomatic, and internal reforms, the Philippines can better safeguard its maritime interests and uphold its sovereignty in the face of evolving challenges. This article delves into the complex landscape of the Philippines’ maritime sovereignty, examining the challenges it faces and the strategies it employs to safeguard its maritime interests.

Historical Context of Maritime Sovereignty

The Philippines’ maritime boundaries and territorial claims are deeply rooted in historical, legal, and geographical contexts. The country’s maritime jurisdiction is defined by several international agreements and national laws, most notably the United Nations Convention on the Law of the Sea (UNCLOS). Under UNCLOS, the Philippines is entitled to a 200-nautical-mile Exclusive Economic Zone (EEZ), which grants it sovereign rights to explore and exploit marine resources. However, the assertion of these rights has been fraught with challenges, particularly in the South China Sea, where overlapping claims have led to heightened tensions and conflicts. The Philippines’ maritime boundaries encompass a vast area of the South China Sea, a region rich in marine biodiversity and significant for its strategic importance in global shipping routes. This expansive maritime zone has made the Philippines a critical player in regional security and economic stability. Historically, the Philippines has relied on a combination of domestic legislation and international law to assert its territorial claims. Notably, the country’s archipelagic nature, consisting of over 7,000 islands, has further complicated its maritime boundary delineation, necessitating precise and robust legal frameworks to manage its extensive waters.

Challenges to Maritime Sovereignty

(i) Territorial Disputes in the South China Sea

The South China Sea dispute is the most significant challenge to the Philippines’ maritime sovereignty. China claims almost the entire South China Sea, based on its controversial “Nine-Dash Line,” which overlaps with the EEZs of several Southeast Asian nations, including the Philippines. This has led to frequent confrontations between Chinese and Philippine vessels, raising concerns about potential military escalation. The Scarborough Shoal Standoff; In 2012, a maritime standoff occurred between China and the Philippines over the Scarborough Shoal, a rich fishing ground within the Philippines’ EEZ. Chinese coast guard vessels prevented Filipino fishermen from accessing the area, leading to a prolonged diplomatic crisis. The incident highlighted the Philippines’ vulnerability and the aggressive tactics employed by China to assert its claims.

(ii) Environmental and Economic Threats

Illegal, unreported, and unregulated (IUU) fishing is another significant challenge undermining the Philippines’ maritime sovereignty. The depletion of fish stocks due to overfishing by foreign vessels, particularly from China, has had devastating effects on the livelihoods of Filipino fishermen and the marine ecosystem. For instance, the destruction of coral reefs; Chinese fishing practices, including the use of cyanide and dynamite, have caused extensive damage to coral reefs in the Spratly Islands. These reefs are vital for marine biodiversity and serve as critical breeding grounds for fish. The environmental degradation not only threatens the region’s ecological balance but also undermines the Philippines’ economic interests.

(iii) Geopolitical Dynamics

The South China Sea is a critical maritime corridor for global trade, making it a focal point of great power competition. The United States, as a Pacific power, has a vested interest in ensuring freedom of navigation in the region. This has led to increased military presence and joint exercises with the Philippines, further complicating the geopolitical landscape. For example: The Enhanced Defense Cooperation Agreement (EDCA) in 2014, the Philippines and the United States signed the EDCA, allowing increased rotational presence of U.S. troops and access to Philippine military bases. While the agreement aims to bolster the Philippines’ defense capabilities, it has also drawn criticism for potentially escalating tensions with China and infringing on Philippine sovereignty.

Strategic Responses to Maritime Challenges

(i) Diplomatic and Legal Strategies

The Philippines has employed a mix of diplomatic and legal approaches to assert its maritime sovereignty. The landmark 2016 ruling by the Permanent Court of Arbitration (PCA) in The Hague, which invalidated China’s expansive claims in the South China Sea, was a significant legal victory for the Philippines. The ruling, however, has been largely ignored by China, highlighting the limitations of international law in resolving such disputes. The case study of PCA Arbitration Case; In 2013, the Philippines initiated arbitration proceedings against China under UNCLOS. The PCA ruling in favor of the Philippines affirmed its rights over the EEZ and recognized the environmental damage caused by China’s activities. Despite the ruling, the enforcement of international law remains a challenge, necessitating continued diplomatic efforts to garner international support and pressure China to comply.

(ii) Strengthening Maritime Security

Enhancing maritime security is crucial for protecting the Philippines’ maritime sovereignty. This involves modernizing the Philippine Navy and Coast Guard, increasing patrols, and improving surveillance capabilities. The acquisition of modern naval assets and the establishment of maritime domain awareness systems are steps in this direction. The Philippine Navy has acquired new assets, such as the BRP Jose Rizal, a modern frigate equipped with advanced radar and missile systems. These acquisitions aim to enhance the country’s maritime defense capabilities and deter potential aggressors.

(iii) Regional Cooperation and Alliances

Strengthening regional cooperation and building alliances are vital strategies for the Philippines. Engaging with ASEAN member states and other regional partners helps in presenting a united front against unilateral actions that threaten regional stability. For instance, The ASEAN-China Code of Conduct; The ongoing negotiations for a Code of Conduct (CoC) in the South China Sea between ASEAN and China aim to establish norms and guidelines for behavior in the disputed waters. While progress has been slow, the CoC represents a potential framework for managing conflicts and ensuring stability in the region.

(iv) Economic and Environmental Initiatives

Addressing the economic and environmental dimensions of maritime sovereignty involves sustainable management of marine resources and protecting the marine environment. The Philippines is working on initiatives to promote sustainable fishing practices and restore damaged marine ecosystems. For example: Sustainable Fishing Initiatives. The Philippines has launched programs to promote sustainable fishing practices, such as the closed fishing season in the Visayan Sea, aimed at allowing fish stocks to recover. These initiatives are essential for ensuring the long-term viability of the country’s marine resources.

Step forward

The Philippines’ maritime sovereignty is a multifaceted issue involving legal, diplomatic, security, economic, and environmental dimensions. The challenges it faces are significant, from territorial disputes with a powerful neighbor to environmental degradation and geopolitical complexities. However, through a combination of legal victories, strategic alliances, military modernization, and sustainable practices, the Philippines is working to assert and protect its maritime sovereignty. The Philippines can strengthen its maritime sovereignty through several strategic actions. Enhancing legal frameworks and enforcement ensures robust protection of its waters, while building strategic alliances with regional and global partners bolsters security.

Accelerating military modernization, including advanced technologies and training, is essential for effective defense. Promoting sustainable environmental practices preserves marine ecosystems and resources, while developing the maritime economy through fishing, tourism, and resilient infrastructure boosts economic strength. Increasing public awareness and education fosters national support for maritime sovereignty efforts. Additionally, advocating for regional cooperation addresses shared challenges and enhances collective security in the region. These combined efforts, underpinned by strategic foresight and resolve, can help the Philippines navigate challenges and secure its maritime future. The road ahead is fraught with challenges, but with continued resolve and strategic foresight, the Philippines can navigate these turbulent waters and secure its maritime future.