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Analysis: What's behind Manila's enacting pair of South China Sea acts?

CGTN

A file photo of the South China Sea. /CFP
A file photo of the South China Sea. /CFP

A file photo of the South China Sea. /CFP

In disregard of Chinese opposition, the Philippines has enacted the so-called "Maritime Zones Act" and "Archipelagic Sea Lanes Act," in a move seen as unilateral attempts to complicate the South China Sea situation.

The Chinese Foreign Ministry on Friday said it had summoned the Philippine ambassador to China to make serious protests, after Philippine President Ferdinand Marcos Jr signed into law the pair of acts earlier in the day.

By illegally including China's Huangyan Dao and most of the islands and reefs of China's Nansha Qundao, and their relevant waters into the Philippines' maritime zones, the so-called "Maritime Zones Act" severely violates China's territorial sovereignty and maritime rights and interests in the South China Sea, said Mao Ning, spokesperson for the Chinese Foreign Ministry.

Mao made it clear that various parts of the Philippine "Archipelagic Sea Lanes Act" are not compatible with regulations of international law and resolutions of the International Maritime Organization.

Analysts believe that Manila's latest move could narrow the space for dialogue and consultations on the South China Sea issue between China and the Philippines, exert pressure on the incoming U.S. administration to maintain its support, and disrupt the normal maritime navigation of neighboring countries.

The Philippines’ latest move will further narrow the political space for Manila and Beijing to manage crises and properly handle disputes over the South China Sea issue, Ding Duo, deputy director of the Research Center of Oceans Law and Policy at the National Institute for the South China Sea Studies, told CGTN.

It is not an isolated move, but a specific projection of the provocative South China Sea policy currently pursued by the Philippine government at the legal and cognitive levels, Ding said.

By signing into the law the pair of acts, the Philippines is solidifying its illegal claims through its domestic legislation, which is equivalent to Manila’s unilateral denial of the existence of territorial sovereignty and maritime jurisdiction disputes with China, according to a commentary by China Media Group (CMG) on Saturday.

That hollows out the premise of bilateral consultations on the South China Sea issue between Beijing and Manila, and narrows the space for dialogue and cooperation between the two sides, said the CMG commentary.

From a time perspective, the so-called "Maritime Zones Act" of the Philippines took 13 years from proposal to final signing, and the so-called "Archipelagic Sea Lanes Act" has also been in the making for a long time.

The signing of the two acts by the Philippines on the day after the dust settled in the U.S. presidential election is not a coincidence, but a meticulously planned move, said Chen Xiangmiao, director of the World Navy Research Center at China South China Sea Research Institute.

The main calculations of Manila are threefold, said Chen. First, It attempts to "fish in the troubled waters," taking advantage of turmoil in the international landscape and the just-concluded U.S. election to reduce regional and international public opinion pressure brought by the signing of the acts, he said.

Secondly, Manila wants to disguise its illegal actions in the South China Sea with a facade of legality, creating a "fait accompli" to pressure the next U.S. administration to continue supporting the Philippines on the South China Sea issue, said Chen.

Thirdly, the Philippine government wants to gauge the situation and offer a "pledge of allegiance" to the incoming U.S. administration, he added.

During an interview with CMG, former Malaysian Transport Minister Ong Tee Keat said the so-called "Archipelagic Sea Lanes Act" may disrupt the normal navigation and passage of neighboring countries, and affects peace in the region of Association of Southeast Asian Nations.

The act also may face opposition from the International Maritime Organization, he said.

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