Metro Manila (CNN Philippines, July 17) — Seven years since the landmark Hague ruling that invalidated Beijing’s sweeping claims over the South China Sea, the Philippines has yet to pass a law that will implement that arbitral award, according to an expert of the United Nations Convention for the Law of the Sea (UNCLOS).
UP Institute of Maritime Affairs and the Law of the Sea director Jay Batongbacal wants to hear President Ferdinand Marcos Jr. declare during his upcoming State of the Nation Address (SONA) a clear legislative agenda that will pave the way for the passage of a Philippine maritime zone law.While Batongbacal lauded the Marcos administration, giving it a score of at least 90% out of 100% for the government’s foreign policy, he said the president has to do more.“This administration at least has taken the right path with respect to the West Philippine Sea,” Batongbacal said. “It has returned to the institutional track that was there prior to the previous administration. That is the right thing to do.”Batongbacal, however, said the issue stands on sustainability: “The question is, will this last or is this just for the first year of the term of the current president?”The Hague ruling is a “declaratory judgment” that states “who is right or wrong with respect to claims” in the South China Sea and therefore should not be taken as tantamount to a “mandamus” court ruling, Batongbacal said. To give the arbitral award more muscle, the UNCLOS expert said the Philippines should act accordingly and continue its naval patrols despite China’s intimidation.Batongbacal further pointed out that the country should also enact a maritime zone law that will “clearly provide the basis for implementation of the delineation of our maritime zones in accordance with UNCLOS.”“It’s the most important thing that the administration can do right now,” he said.According to Batongbacal, the law would signal authorities and environment regulators to establish jurisdiction over specific areas of Philippine waters up to 200 nautical miles away.
