US VP Harris supports maintaining US-PH ties

 

US Vice President Kamala Harris emphasized the importance of maintaining the steadfast support of the United States for the Philippines, particularly in light of China’s continued aggression in the West Philippine Sea.

“Indeed, and I will tell you from my first visit to Manila and our first conversation, it is extremely important to me and to the United States that we reaffirm the commitment to the defense of the Philippines including the South China Sea,” Vice President Harris told President Ferdinand R. Marcos Jr. during the two leaders’ phone call late Tuesday.

The call between Harris and President Marcos came just a few days after a trilateral phone conversation involving US President Joe Biden and Japan Prime Minister Ishiba Shigeru on Monday.

Harris reflected on her historic visit to the Philippines, especially her trip to Palawan in November 2022, which she said underscored “the vulnerability in the region.”

She noted the visit strengthened President Biden’s resolve to support the Philippines in terms of both security and prosperity.

“I know there is bipartisan support within the United States Congress and within the US for the strength of this relationship and the enduring nature of it in terms of security, but again prosperity and to your point of people-to-people ties,” Harris told President Marcos.

In response, President Marcos expressed gratitude for the US Vice President’s sentiments, highlighting the robust and productive partnership between the Philippines and the United States.

“Madame Vice President, before I came to this call I was going through all of the things that we had discussed in the past couple of years. And it is remarkable how much work we have been able to do and how much it has progressed and developed the relationship between our two countries. Already very strong relationship but evolving and evolving for the modern challenges that we face, both for us and the South China Sea and for the United States around the world,” President Marcos said.

“As I told President Biden when I spoke to him, I said that, I remember … just before we signed the trilateral agreement in Washington, that, I said to President Biden that this will change the dynamic of the South China Sea and the Indo-Pacific. And it certainly has done that,” he added.

President Marcos also emphasized the ties among the Philippines, the US and Japan have gained recognition within ASEAN, strengthening their collective position on pressing issues in the West Philippine Sea.

He further acknowledged Vice President Harris’ significant contributions to the Philippines, stating that her efforts have provided a strong foundation for continued collaboration between the two nations.

The President particularly noted the economic, diplomatic, defense and security levels, which he described as “terribly encouraging.”

President Marcos said he hopes “to build on that and continue to work” on what the two nations have begun grounded on shared values and international law.

Before the telephone call concluded, President Marcos invited Harris to visit the Philippines again.

President Marcos had a meeting with Harris before the beginning of the APEC conference in San Francisco in November 2023.

The meeting centered on the Philippine assessment on the situation in the West Philippines Sea.

They met previously when Harris visited Manila in November 2022; the Vice President hosting President Marcos at the Naval Observatory in May 2023; a bilateral meeting on the margins of the East Asia Summit in Jakarta in September 2023; and a trilateral meeting with Japan Prime Minister Kishida in Jakarta in September 2023.

The Philippines and the US established formal diplomatic relations on July 4, 1946.

The United States is the Philippines’ oldest and only treaty ally. Bilateral defense and security engagement remains the key pillar of PH-U.S. bilateral relations and is carried out within the framework of the Mutual Defense Treaty (MDT), the Visiting Forces Agreement (VFA), the Enhanced Defense Cooperation Agreement (EDCA), and other bilateral agreements.

In 2023, the US ranked as the third top trading partner of the Philippines with total trade valued at US$19.96 billion. 

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Philippines threatens legal action after Chinese coast guard ship sails in disputed South China Sea

 

A Philippine security official says that China is pushing the country "to the wall" with growing aggression in the disputed South China Sea, warning that "all options are on the table" for Manila's response, including new international lawsuits.

A large Chinese coast guard ship patrolled hotly disputed Scarborough Shoal in recent days and then sailed toward the north-western coast of the Philippines on Tuesday, coming as close as 77 nautical miles (143 kilometres), Philippine officials said in a news conference on Tuesday.

"The presence of the monster ship in Filipino waters … 77 nautical miles from our shoreline, is unacceptable and, therefore, it should be withdrawn immediately by the Chinese government," Jonathan Malaya, assistant director-general of the National Security Council, said at the news conference alongside senior military and coast guard officials.

"We do not and will not dignify these scare tactics by backing down. We do not waver or cower in the face of intimidation. On the contrary, it strengthens our resolve because we know we are in the right."

A Chinese official said in Beijing that his country's sovereignty in the South China Sea is well established and its coast guard patrols are lawful and justified.

"We once again urge the Philippines to immediately stop all infringement, provocation and malicious hype," Foreign Ministry spokesperson Guo Jiakun said.

The Chinese government has repeatedly accused the Philippines and other rival claimant states including Vietnam and Malaysia of encroaching on what it says are "undisputed" Chinese territorial waters.

 

Philippines working with Asian nations on security deals

 

Two Philippine coast guard ships, backed by a small surveillance aircraft, repeatedly ordered the 165-meter Chinese coast guard ship to withdraw from the Philippines' exclusive economic zone, a 200-nautical mile (370-kilometre) stretch of water, Philippine coast guard Commodore Jay Tarriela said.

"What we're doing there is, hour-by-hour and day-to-day, [we're] challenging the illegal presence of the Chinese coast guard for the international community to know that we're not going to allow China to normalise the illegal deployment," Mr Tarriela said.

Under President Ferdinand Marcos Jr., who took office in mid-2022, the Philippines has aggressively defended its territorial interests in the South China Sea, a key global trading route.

That has brought Philippine forces into frequent confrontation with China's coast guard, navy and suspected militia boats and sparked fears that a bigger armed conflict could draw in the United States, the Philippines' longtime treaty ally and China's regional rival.

The lopsided conflict has forced the Philippines to seek security arrangements with other Asian and Western countries, including Japan, with which it signed a key agreement last July which would allow their forces to hold joint combat training.

 

The pact, which must be ratified by officials of both countries before it takes effect, was the first such agreement to be forged by Japan in Asia.

 

China surrounded Scarborough Shoal with its coast guard and other ships after a tense territorial stand-off with the Philippines in 2012.

The Philippines responded by bringing its disputes with China to international arbitration in 2013 and largely won three years later when an arbitration panel in The Hague invalidated China's expansive claims in the busy sea passage under the 1982 United Convention on the Law of the Sea.

China has rejected the 2016 arbitration ruling and continues to openly defy it.

"Will this lead to another case?" Mr Malaya said.

"All options are on the table because the closer the monster ship is in Philippine waters, the more it makes tensions high and the more that the Philippine government contemplates things it was not contemplating before."

China has warned the Philippines from pursuing another legal case in an international forum after the arbitration, preferring bilateral negotiations, which give Beijing an advantage because of its size and clout, a senior Philippine official has said on condition of anonymity because of a lack of authority to discuss such sensitive issues publicly.

The two countries have also been discussing their territorial conflicts under a bilateral consultation mechanism to avoid an escalation of the disputes. The next round of talks will be hosted by China, the official said. 

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US and Canadian warships hold joint drills in South China Sea

The Canadian naval ship HMCS Ottawa conducted a joint exercise with the U.S. Navy destroyer USS Higgins in the South China Sea, as reported by the Canadian Joint Operations Command. This comes amid growing tensions in the region.

During the Jan. 8 to 11 drills, codenamed Noble Wolverine, both ships “navigated through the South China Sea’s international waters while conducting communications exercises, flight operations and anti-submarine warfare training,” the command announced on its feed on the X social media site on Sunday.

The Halifax-class frigate HMCS Ottawa also sailed near Scarborough Shoal, where the Chinese and Philippine coast guards have been engaged in a cat-and-mouse game for weeks.

The disputed chain of reefs is inside the Philippines’ exclusive economic zone but under China’s de-facto control.

Beijing has deployed its largest coast guard ship, dubbed “The Monster” for its size, to the area since the beginning of the year, which Manila sees as “an act of intimidation, coercion and aggression.”

The passing Canadian warship was closely followed by Chinese naval ships, Canada’s CTV News reported.

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Philippines files protest over Beijing’s ‘escalatory actions’ in South China Sea

 

The Philippines on Jan 13 called on Beijing to desist from “escalatory actions” at a South China Sea shoal, and said a protest has been lodged over the presence of the Chinese coast guard, militia and navy in its exclusive economic zone (EEZ).

The protest stems from the presence of two coast guard vessels on Jan 5 and 10 in and around the disputed Scarborough Shoal, one of which was a 165m-long boat referred to by the Philippines as “the monster”.

It said a Chinese navy helicopter was also deployed in the area.

“The escalatory actions of these Chinese vessels and aircraft disregard Philippine and international laws,” said the Philippines’ National Maritime Council, an inter-agency group tasked with upholding the country’s interests at sea.

“China should direct its vessels to desist from conducting illegal actions that violate the Philippines’ sovereign rights in its EEZ,” it said in a statement.

Chinese Foreign Ministry spokesman Guo Jiakun said at a news conference that the country’s coast guard “patrol and law enforcement activities” were “reasonable, lawful and beyond reproach”.

“China urges the Philippine side to cease its malicious hype,” Mr Guo said.

China says Scarborough Shoal is its territory and has accused the Philippines of trespassing.

Tensions between China and the Philippines, a US ally, have escalated in the past two years, with frequent run-ins between their coast guards in the South China Sea, which China claims sovereignty over almost in its entirety.

The statement came just hours after Philippine President Ferdinand Marcos Jr had a virtual call with US President Joe Biden and Japanese Prime Minister Shigeru Ishiba, where the three leaders discussed China’s conduct in the South China Sea.

Mr Marcos’ communications office said the leaders agreed to enhance and deepen economic, maritime and technology cooperation.

The call followed a first-of-its-kind summit meeting between Mr Marcos, Mr Biden and then Japanese Prime Minister Fumio Kishida in Washington in April 2024 to uphold international law and regional stability.

Mr Biden, who will step down on Jan 20, was quoted as saying in Manila’s read-out of the call that he is “optimistic” that his successor, President-elect Donald Trump, will see the value of continuing the partnership.

“Simply put, our countries have an interest in continuing this partnership and institutionalising our cooperation across our governments so that it is built to last,” Mr Biden said.

Mr Marcos said he is confident that the three countries will sustain the gains in deepening their diplomatic ties.

The White House said in a statement that the three leaders discussed China’s “dangerous and unlawful behaviour in the South China Sea” and agreed on the importance of continued coordination in the Indo-Pacific region.

Japan’s Foreign Ministry separately said in a statement that the three leaders have opposed “unilateral attempts to change the status quo by force” in the East and South China seas, without mentioning Beijing.

Japan and the Philippines – bound by bilateral defence treaties with the US – are both involved in separate territorial disputes with China in the East China Sea and South China Sea, respectively.

Mr Marcos’ office said Mr Biden also commended the Philippine leader for his diplomatic response “to China’s aggressive and coercive activities in the South China Sea”.

The Philippines in 2024 ratified a military agreement with Japan that will ease the entry of soldiers into each other’s country for joint military exercises.

The three countries’ coast guards also staged joint exercises in 2023.

China’s expansive claims overlap with the EEZs of Brunei, Indonesia, Malaysia, the Philippines and Vietnam.

The disputed waterway is a strategic shipping route through which about US$3 trillion (S$4.1 trillion) of annual commerce moves.

A 2016 ruling of an international arbitral tribunal said Beijing’s claims, based on its historic maps, have no basis under international law, a decision China does not recognise.

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Japan, Indonesia Strengthen Security Ties Amid South China Sea Tensions

Japan and Indonesia have agreed to bolster maritime security cooperation in response to China’s growing assertiveness in the South China Sea.

During a meeting with Indonesian President Prabowo Subianto on January 11, Japanese Prime Minister Shigeru Ishiba announced that Tokyo would provide a high-speed patrol boat to the Indonesian navy under its Official Security Assistance program.

The leaders also committed to holding a two-plus-two meeting of their foreign and defense ministers by the end of the year, marking the first such talks since March 2021. This security framework, first established in 2015, was Japan’s inaugural defense dialogue with an ASEAN member.

Strategic Partnership and Shared Values

“Indonesia is a comprehensive and strategic partner that shares fundamental values and principles with Japan,” Ishiba stated at a joint news conference.

Prabowo, who took office in October, described Japan as a key partner, emphasizing that Ishiba’s visit underscores the commitment of both nations to strengthening cooperation across various sectors.

Japan views closer ties with Indonesia—a leading ASEAN member—as a way to counterbalance China’s maritime activities. Additionally, Tokyo hopes to bridge ASEAN and the United States, given regional concerns over the incoming Trump administration’s “America First” approach.

Defense and Economic Cooperation

Ishiba and Prabowo welcomed an agreement between their defense ministers on January 7 to launch a bilateral maritime security dialogue. They also confirmed plans to collaborate on defense equipment, technology, and personnel exchanges. One possibility under discussion is the joint development of a naval vessel based on Japan’s Maritime Self-Defense Force destroyers.

Beyond security, the two nations pledged cooperation on resource management and infrastructure projects to support carbon reduction efforts in Asia.

Indonesia’s Balancing Act

Despite strengthening ties with Japan, Indonesia maintains significant economic relations with China. On January 6, Indonesia formally joined BRICS—a bloc that includes China, Russia, and other emerging economies—further reflecting its balanced foreign policy approach.

At the joint news conference, Prabowo reaffirmed Indonesia’s commitment to fostering positive relations with all major powers, aiming to contribute to global stability.

Japan’s Regional Strategy

Before departing for Japan on January 12, Ishiba highlighted the importance of strengthening ties with Southeast Asia amid growing geopolitical uncertainty.

“In these uncertain times, deeper engagement with Southeast Asia is essential,” Ishiba said. “I exchanged views with both leaders on relations with the U.S. and China, as well as developments in the East and South China Seas. We agreed to maintain close communication.”

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Philippines to Pursue Diplomacy in South China Sea Disputes but Will Defend Sovereign Rights: Foreign Secretary

The Philippines remains committed to resolving tensions in the South China Sea through diplomatic channels but will not compromise its territorial sovereignty, said Foreign Affairs Secretary Enrique Manalo in an interview with CNA’s Leong Wai Kit.

“We are dedicated to addressing any disputes peacefully and in line with international law. That has always been our stance,” Manalo stated. “While we are open to discussions on managing tensions, our sovereign rights and sovereignty will not be compromised.”

Managing Tensions with China

Relations between the Philippines and China have become increasingly strained due to frequent maritime confrontations in the disputed South China Sea, also known in Manila as the West Philippine Sea. The Philippines has strongly condemned Beijing’s aggressive actions, while China has accused Manila of repeated encroachment in its claimed waters.

China asserts sovereignty over most of the South China Sea, overlapping with the exclusive economic zones (EEZs) of the Philippines and several other nations. Under international law, a country’s EEZ extends 200 nautical miles from its coast, granting rights over marine resource exploration and usage.

“Our activities within our EEZ are lawful and in accordance with the United Nations Convention on the Law of the Sea,” Manalo emphasized. “We are simply asserting our rights and expect them to be respected. We are determined to defend them.”

Not Driven by US-China Rivalry

Manalo pointed out that China often views the Philippines’ maritime stance through the lens of US-China competition rather than as a bilateral issue.

“The Philippines is not asserting its rights in the EEZ because of the US. We are doing so based on international law and our national interest,” he said. “This should be seen within the context of Philippine-China relations and how we can improve them.”

Since early 2023, the Philippines has adopted an “assertive transparency” strategy, publicly documenting Chinese actions in the disputed waters, including incidents of harassment against Philippine vessels and fishermen.

“Transparency allows the truth to be seen. We are exercising our legal rights, and we did not initiate confrontations,” Manalo said. “All we have done is conduct routine resupply missions for our troops or assist our fishermen, yet we have faced harassment, intimidation, even collisions and water cannon attacks. The best way to show the reality is to publicize these events.”

Strengthening Defense Capabilities

As a long-time ally of the United States, the Philippines has a mutual defense treaty with Washington, ensuring assistance in times of major conflict.

Last month, Manila announced plans to acquire the US-made Typhon missile system as part of efforts to bolster its maritime security. The move drew criticism from China, which warned it could trigger a regional “arms race.” The missile system purchase is expected to be completed in about two years.

Manalo clarified that the acquisition is solely for defense.

“Our aim is to modernize our military and enhance our defense capabilities. We are committed to maintaining peace in the region. Any upgrades we pursue are meant to improve our defensive capacities, not to provoke hostilities.”

US-Philippines Relations Under Trump

With Donald Trump set to return to the White House on January 20, Manalo expressed confidence that US-Philippine relations would remain strong, citing decades of cooperation.

President Ferdinand Marcos Jr. congratulated Trump following the US election last November, reaffirming both nations’ commitment to strengthening their alliance.

“Their conversation gives us confidence that our relationship will remain stable. We share common perspectives on regional security,” Manalo said. “Our cooperation extends beyond defense and military ties to economic and private sector partnerships.”

He recalled that during Trump’s first presidency (2017–2021), US-Philippines ties remained robust, with Trump even describing his relationship with then-Philippine President Rodrigo Duterte as “great.”

“Our alliance has grown stronger over time. Military cooperation under our mutual defense treaty and agreements like the Visiting Forces Agreement has been a cornerstone of our partnership,” Manalo noted. “These commitments have been in place for 75 years, and they will continue.”

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Vietnam Opposes Alleged ‘Brutal’ Chinese Attack on Its Boat

Vietnam accused Chinese law enforcement of a “brutal” attack on a Vietnamese fishing vessel on Sunday that threatened the lives of crew members in disputed waters of the South China Sea.

An alleged attack by Chinese law enforcement authorities on a Vietnamese fishing vessel from the central province of Quang Ngai resulted in injuries to 10 crewmen, including three that suffered broken bones, state media Tien Phong newspaper reported.

Vietnam has a long-standing territorial dispute in the South China Sea with China, which claims the majority of the area as its territory — an assertion that overlaps with separate claims by Brunei, Malaysia and Taiwan as well as the Philippines.

“Vietnam is extremely concerned, indignant and resolutely opposes the brutal behavior of Chinese law enforcement forces against Vietnamese fishermen and fishing vessels operating in the Paracel archipelago of Vietnam,” Ministry of Foreign Affairs spokesperson Pham Thu Hang said in an emailed statement Wednesday evening.

Vietnam protested the incident in discussions with China’s Hanoi embassy. The ministry demanded “China to fully respect Vietnam’s sovereignty over the Paracel archipelago, promptly investigate and notify Vietnam on the results, and do not to repeat similar actions.”

 China’s Foreign Ministry said on Thursday that the Vietnamese boats “illegally” fished in the waters of the Paracel Islands without the permission of the Chinese government. Chinese authorities took measures to stop them, it added. 

“The on-site operations were professional and restrained, and no injuries were found,” the Foreign Ministry said in response to questions from Bloomberg News. “China does not accept Vietnam’s so-called ‘protest’ and has resolutely rejected it.”

The US also weighed in, saying it’s deeply concerned by reports of “dangerous actions” by Chinese law enforcement vessels against Vietnamese fishing boats.

Beijing has passed a slate of regulations in recent years as a means to enforce its claims in the South China Sea. That includes enacting new maritime patrol regulations earlier this year authorizing the detention of foreign ships and individuals law enforcement suspect of illegally entering what China considers to be its territorial waters.

“What this signals is the laws that China has passed right up through this year and very recently are now being applied,” said Carl Thayer, emeritus professor at the University of New South Wales, comparing the incident to recent collisions with Philippine resupply vessels elsewhere in the South China Sea. “Everyone else should take note.”

Vietnam’s Tien Phong reported that the attackers were accused of seizing about four tons of seafood and smashing and removing equipment from the boat. Losses were estimated at 500 million dong ($20,220), it added. 

Vietnam and the Philippines signed two letters of intent in August, including one on humanitarian assistance at sea, while a more comprehensive security agreement is targeted for completion later this year. In June, Vietnam offered to have talks with the Philippines about overlapping territorial claims in the South China Sea as Manila decries increasingly violent clashes with Chinese vessels in contested waters.

The Philippines issued a statement on Friday condemning China’s moves. “We stand with Vietnam in denouncing this egregious act and call for accountability,” National Security Adviser Eduardo Ano said. “Such actions escalate tensions and threaten regional security.”

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The giant and the archipelago: Chinese attack on the Second Thomas Shoal and its implications

The latest clash between the Chinese Coast Guard (CCG) and the Filipino sailors in the South China Sea on June 17, is testament to the fact that China continues to threaten the region.

“The strong do what they have the power to do, and the weak accept what they have to accept.” This famous age-old aphorism by Thucydides could not be more true as is evident from the recent confrontation between China and the Philippines. Clashes between China and its neighbors over sovereignty, resources, and security in the South China Sea have been a common phenomena since the 1970s. A “semi-enclosed body of water stretching in a Southwest to Northeast direction” including more than 200 islands, the South China Sea has always been embroiled in conflicts regarding its jurisdiction. Starting from the Chinese attack on the forces of the Republic of Vietnam in the Paracel Islands in 1974 and Fiery Cross Reef in 1988 to China’s military ouster of the Philippines from Mischief Reef in 1995, tensions have been mounting with each passing incident. China’s turn in 2009 toward an assertive, even aggressive approach in its efforts to control U.S. naval activities in the South China Sea resulted in new American attention. China’s claim to a historic right to jurisdiction over the waters of the South China Sea is undermined by overlapping claims maintained by the Philippines, Vietnam, Malaysia, Brunei, and Indonesia as well as Taiwan. Thus it is proved that however long standing China’s claims of jurisdiction in the South China Sea may be, it is not exclusive or widely accepted by other states.

What exactly happened at the Second Thomas Shoal?

The latest clash between the Chinese Coast Guard (CCG) and the Filipino sailors in the South China Sea on June 17, is testament to the fact that China continues to threaten the region. The clash took place when Philippine forces attempted to resupply marines stationed on a derelict warship at the BRP Sierra Madre (LS57) at Ayungin Shoal (another name for the Second Thomas Shoal, a submerged reef in the Spratly Islands of the South China Sea) amid Beijing’s stepping up efforts to assert its claims to the disputed area. China allegedly attacked a Philippines marine vessel with ‘bladed weapons’. China has even been designated as ‘pirates’ by an army personnel of the Philippines. The Philippines’ Defense chief said China deliberately used “aggressive and illegal force” to disrupt a resupply mission in the South China Sea. This “brutal assault” in the South China Sea is a major escalation in a festering dispute that threatens to drag the United States into another global conflict. The incident is the latest in a series of increasingly fraught confrontations in the resource-rich and strategically important waterway as Beijing is stepping up its efforts to push its claims to nearly all of the strategically located waterway.

Prior to this, the 2012 Scarborough Shoal standoff between the Philippine and Chinese civilian vessels constitutes an arch-typical international incident. China targeted the Philippines in naval brinkmanship. The standoff began on April 8, 2012, when a Philippine Air Force (PAF) reconnaissance plane spotted eight Chinese fishing boats around the shoal. China gained the upper hand as it forced the Philippines to back away from confronting the Chinese civilian presence. China thus forced the Philippines to reconsider before using force to resolve a matter of maritime jurisdiction claiming that those Chinese vessels were ‘in the area fulfilling the duties of safeguarding Chinese maritime rights and interests.’ China also added that the Shoal is an integral part of Chinese territory.

China claims almost the entire South China Sea with its so-called nine-dash line, which overlaps the exclusive economic zones of rival claimants Brunei, Malaysia, Philippines, Taiwan and Vietnam. While the Scarborough Shoal lies within the Philippines’ Exclusive Economic Zone (EEZ), China argues its historical ties to the region, citing evidence of Chinese sailors visiting and mapping the shoal as far back as the Song Dynasty (960-1279 AD). In 2016, an international tribunal ruled largely in favor of the Philippines in its dispute with China over the Scarborough Shoal, stating that China’s actions violated international law. Despite the ruling, China rejected the tribunal’s authority and chose to ignore its decision. The scenes captured in the latest footage of the recent incident shows how China has adopted new and far more openly aggressive tactics that appear calculated to test how the Philippines and its key defense ally- the United States – will respond.

Implications of the incident and the role of the U.S.:

Whatever happens at the South China Sea has profound implications for the US, which has a mutual defense treaty with the Philippines that dates back decades. The United States has increased its military presence and naval activity in the region to counter China’s aggressive territorial claims and safeguard its own political and economic interests. Additionally the US has provided weapons and aid to nations opposing China’s territorial claims. The South China Sea is highly valuable for its substantial oil and natural gas reserves, rich fishing grounds and is also a major trade route. According to the United Nations Conference on Trade and Development, more than 21 percent of global trade, valued at $3.37 trillion, passes through these waters. Washington and Beijing are talking more regularly to avoid a conflict in the South China Sea despite their “contentious and competitive” relationship. The South China Sea has become a dangerous flash point, where Beijing’s claims are ratcheting up tensions with Taiwan and Philippines, as well as their most powerful ally, the US.

The Philippines is the United States’ oldest treaty ally in Asia and they share a mutual deep and long-standing political, economic, and social ties. On the domestic front, the Philippines has a democratic political system, and the U.S. security umbrella protects it from outside attack. Yet the country suffers from chronic political instability, which is manifested in periodic military rebellions and extralegal “people power” movements against incumbent governments. With its internal problems Manila has chosen to pursue a policy of leveraging its international relationships by seeking to regionalize the South China Sea dispute through ASEAN and by developing closer defense cooperation with the US. 

Conclusion

Amidst all the tension over disputed islands with the Philippines, the People’s Liberation Army has conducted drills in the South China Sea featuring landing ships. What we could make out of these ongoing incidents is that China, a major power, uses realpolitik to press its expansive claim in the South China Sea. On the other hand, the Philippines, a small power, adopts the liberal-legal approach that seeks to balance against China. Thus the potential for these kinds of hostilities will persist as long as China continues to increase its efforts to control the region and as other claimant countries, such as the Philippines and Vietnam, remain firm in asserting their right to control their respective claims in the South China Sea.

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The Philippine submission: Third round of note-verbal battle?

 The Philippines submitted an extended continental shelf claim in the East Sea 15 years after the deadline because the government under President Jr. Marcos is shifting its policy toward greater assertiveness and transparency in the region.

This move reflects a strategic change aimed at reinforcing the country's sovereignty and maritime rights amidst ongoing territorial disputes.

We respectfully introduce an article by Ambassador Nguyen Hong Thao, a Vietnamese diplomat and legal expert who has twice been a member of the International Law Commission of the United Nations, currently serving the term 2023-2027.

On 14 June 2024, the Philippines Permanent Mission in New York presented to the Commission on the Limits of the Continental Shelf (CLCS) a partial submission containing information on the outer limits of a portion of its continental shelf extending beyond 200 nautical miles from the baselines used to measure the breadth of the territorial sea.

This submission is in accordance with the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and pertains to the West Palawan Region (WPR). The submission coincided with the final day of the 34th session of the States Parties to the Law of the Sea (SPLOS), marking the 30th anniversary of UNCLOS's entry into force.

UNCLOS stipulates that the deadline for the submission of information on the outer limits of the continental shelf to the CLCS was before 13 May 2009 (See SPLOS/72). In the East Sea (internationally known as the South China Sea), Indonesia lodged its submissions on the outer limits of the continental shelf beyond 200 nm in the northwest area of Sumatra Island to the CLCS on 16 June 2008; Viet Nam's partial submission in the northern area of the East Sea (VN-N) on 6 May 2009; the joint submission from Malaysia and Viet Nam on 7 May 2009; and Malaysia's partial submission on 12 December 2019.

The Philippines submitted its first partial submission on the outer limits of its continental shelf outside the East Sea in the Benham Rise Region on 8 April 2009, which was favorably acted upon by the CLCS in its Recommendation issued on 12 April 2012. As a member state of UNCLOS, the Philippines has the right to implement Article 76 of the Convention and Annex I of the Rules of Procedure of the CLCS (CLCS/40, Rev. 1) for the extended continental shelf if the geographical and geological structures of the shelf meet the legal requirements. The Philippines has the right to have new submissions because it has provided the preliminary information before the deadline. 

Why has the Philippines submitted its extended continental shelf file in the East Sea 15 years after the Convention's deadline?

The answer can only come from the Philippine administration under the Marcos’ presidency, which has pursued a shift to a more pronounced transparency policy on the South China Sea. The Philippines’ submissions would have some calculations.

Firstly, the Marcos administration would aim to assert the validity of the Tribunal Award of 12 July 2016 on the Philippines vs. China case, which allows for the expansion of the continental shelf from the mainland while confining the maritime features in the Spratlys each to a maximum of 12 nautical miles of territorial waters.

Secondly, the submission would be designed to reject the validity of China's nine-dash line claim.

Thirdly, Manila would affirm the validity of the Philippines' archipelagic baseline of 2012, which has been revised to align more closely with UNCLOS by excluding the Kalayaan Area from the scope of an archipelagic state.

Fourthly, it would consider the possibility of invoking Article 5 of the 1951 Mutual Defense Treaty (MDT), in which the US is obligated to protect Philippine armed forces, public vessels, aircraft (including those of its coast guard) from armed attack in the East Sea. U.S. Secretary of State Antony Blinken on 19 June 2024 spoke with Philippine Foreign Affairs Secretary Enrique A. Manalo about China's actions against the Philippines in the East Sea "undermine regional peace and stability and underscored the United States.”

Fifthly, it would give facilitation to the stalled negotiations on the Code of Conduct (COC). Last but not least, the move would leverage the presence of the Philippine member in the CLCS. Mr. Efren Perez Carandang, a member of the Commission for the term 2023-2028, was acknowledged for providing advice in the preparation of this submission.

The Philippines' submission may encounter several challenges.

First, the seabed geological conditions of the archipelagic state are unfavorable for defining the extension beyond its territorial sea 'throughout the natural prolongation of its land territory to the outer edge of the continental margin,' due to the presence of the Palawan Trench, which creates a disruption.

This may be why the Philippines has opted to use the method of drawing arcs not exceeding 60 nautical miles from the foot of the slope (FOS) point, in accordance with Paragraph 4(a)(ii) of Article 76, instead of the formula based on percentage of sediment thickness.

The submission acknowledges that this formula was not utilized due to insufficient sediment thickness data in the West Palawan Region (WPR).

Second, the southern part of the submission extends from the Sabah, which is subject to a sovereignty dispute with Malaysia and the Vietnam-Malaysia joint submission.

Third, the submission may potentially overlap with Vietnam's submission in the central region, where Vietnam declared the reservation of its sovereign rights in opposition to Malaysia's extended continental shelf in December 2019.

Fourth, the dispute over the sovereignty of the Spratly features remains unresolved, raising the question of maritime delimitation of the sea-bed of territorial seas of those features with the Philippine's continental shelf claims.  

Fifth, combining unilateral continental shelf claims with the 2016 ruling on a 12-nautical-mile territorial sea for features in the Spratly suggests that the East Sea may have high seas but lacks a seabed area designated as the common heritage of mankind. This situation poses challenges in establishing an appropriate marine management regime given the differing status of maritime zones.

The bright spot in the Philippines' submission is its acknowledgment of the existence of previous submissions by Vietnam and Malaysia, rather than rejecting them, and its willingness to discuss the delimitation of maritime boundaries with the relevant states. The submission has not named China for negotiations on the continental shelf.

The reactions of the interested states would be drastic. Malaysia maintains its claim to Sabah. Its note verbale on 27 June 20224 recalled that “The state of Sabah has and always been an integral part of Malaysia and has been recognized by the United Nations and the international community, as part of Malaysia, since the formation of the Federation of Malaysia on 16 September 1963.

The Republic of the Philippines claims sovereignty over Sabah is incompatible with its erga omnes obligation to recognise and uphold the legitimate exercise of the right of self – determination by the people of Sabah in 1963. Thus, it is clear that the Republic of the Philippines’ claim to Sabah has no basic whatsoever under international law”.   

China submitted preliminary survey findings on the outer limits of its continental shelf in the East China Sea to the Commission on the Limits of the Continental Shelf (CLCS) on 11 May 2009. However, in the East Sea, China has not shown an intention to claim an extended continental shelf. This stance could be explained by its expansive nine-dash line and Nanhai Zhudao, which would cover almost all the waters and seabed of the East Sea.

On 17 June 2024, China warned that “The Philippines’ unilateral submission on the extent of its undersea shelf in the East Sea infringes on China’s sovereign rights and jurisdiction, violates international law, including the United Nations Convention on the Law of the Sea (UNCLOS), and goes against the Declaration on the Conduct of Parties in the East Sea.”

On the same day, clashes occurred between Philippine supply vessels and Chinese Coast Guard ships around the Second Thomas Shoal. A day later, on 18 June 2024, the Chinese note verbale consisted on the indisputable sovereignty over Nanhai Zhudao and the adjacent waters and it enjoys sovereign rights and jurisdiction over the relevant waters as well as the seabed and subsoil thereof.

On 20 June 2024, Vietnam declared that it reserves all its rights and interests under international law, especially UNCLOS 1982, and expressed its readiness to discuss with the Philippines to find and reach a solution that aligns with the interests of both countries.

Vietnam's reaction is likely to be more subdued, because its position is to grant the features in the Spratly Islands only a 12-mile territorial sea. Other overlapping continental shelf claims are not related to unresolved sovereignty issues. For that reason, the submission would signal the beginning of the third round of the note verbale battle of which the first and second rounds arose after 2009 and 2019 submissions respectively.

The maritime limits, including the overlapping outer limits of the continental shelf in the East Sea, with distances between opposite coasts of no more than 700 nautical miles, need to be agreed upon by the countries involved and are not under the jurisdiction of the CLCS.

In the immediate future, the Philippines may consider a  withdrawal from its objection to the Vietnam-Malaysia joint submission and negotiation with these two countries to find an acceptable solution.

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