University of the Philippines professor Jay Batongbacal said the Philippines, other claimant states of the disputed South China Sea, and allies should come up with a unified position to push back against the controversial measure which permits the China Coast Guard to fire on foreign vessels entering contested waters.
“This law basically authorizes the China Coast Guard to use force in its attempt to exercise jurisdiction over these claimed waters,” Batongbacal told CNN Philippines over a phone interview on Sunday. “All of us who are affected, plus our allies and friends, should come together and express a common position against this law in order to keep China from implementing it.”
The new measure, which takes effect February 1, also allows the Coast Guard to demolish foreign structures built on Chinese-claimed reefs and islands, as well as to set up exclusion zones to keep foreign vessels out.
Batongbacal said this law poses “a huge problem,” noting that it is a likely indication of China’s increased pace in asserting its sweeping claims over the South China Sea.
“It is possible to consider the use of force by the China Coast Guard actually as an act of aggression, contrary to the UN (United Nations) charter and tantamount to an act of war if they try to use it on the waters of another country in order to enforce their claim,” he added.
China claims almost the entire South China Sea, rejecting the 2016 arbitral ruling which recognized Manila’s sovereign rights in its exclusive economic zone that Beijing contests. Batongbacal pointed out that despite the arbitration win, China continued to carry out law enforcement patrols in the West Philippine Sea, citing recent reports of Filipino fishermen being blocked by the China Coast Guard.
READ: Filipino fisherman recalls being blocked by China Coast Guard ship
He said this shows the East Asian giant is just continuing with its plans “to take over the South China Sea,” regardless of its ongoing negotiations with other states, including its discussion with the Association of Southeast Asian Nations for a Code of Conduct. This code would supposedly determine the only allowable actions parties can take in the disputed waters.
“Definitely, that will cause the ASEAN nations, especially the claimant ASEAN countries, to step back and pause and seek a solution to this specific problem before they continue with discussion on other aspects of the Code of Conduct,” Batongbacal said of the Coast Guard Law.
Foreign Affairs Secretary Teodoro Locsin, Jr. earlier filed a diplomatic protest with China over the new measure, saying it is “a verbal threat of war” to any country that defies it. Presidential Spokesperson Harry Roque also reminded China to refrain from any use of force that could spark tension, and instead adhere to the UN Convention on the Law of the Sea.
READ: PH protests China law allowing its coast guard to fire on foreign vessels
CNN Philippines Correspondent Xianne Arcangel contributed to this report.
Metro Manila (CNN Philippines, January 31) — The national government should join forces with other Southeast Asian nations in protesting against China’s new Coast Guard Law, a maritime law expert said.
