The Philippines has lodged a protest against China’s nearly five-month fishing ban in the South China Sea, which includes areas within the country’s exclusive economic zone (EEZ) in the West Philippine Sea.
The fishing moratorium, imposed by China from May 1 to September 16, has been met with strong opposition from the Department of Foreign Affairs (DFA). This protest marks the 25th diplomatic objection against China this year and the 158th during President Ferdinand Marcos Jr.’s administration.
In response to China’s policy, which includes detaining foreign trespassers for 60 days without trial starting June 15, the DFA asserted that the ban “would be in direct violation of international law.” The department urged Beijing to “comply with its obligations under international law,” referring specifically to the 1982 United Nations Convention on the Law of the Sea (Unclos) and the 2016 Arbitral Award, which is final and binding.
The DFA highlighted Paragraph 716 of the 2016 arbitral award, which states that any Chinese fishing moratorium in the South China Sea that includes the Philippines’ EEZ breaches Article 56 of Unclos, infringing on the Philippines’ sovereign rights over the living resources of its EEZ. The Hague-based Permanent Court of Arbitration had previously declared China’s extensive claims over the South China Sea, including the Philippines’ EEZ, as baseless.
“The unilateral imposition of the fishing moratorium raises tensions in the West Philippine Sea and the South China Sea, and directly contravenes the understanding between [Marcos] and Chinese President Xi Jinping to manage differences through diplomacy and dialogue and to de-escalate the situation at sea,” the DFA stated.
The DFA also called on China to “adhere to its commitments” under the 2002 Declaration on the Conduct of Parties in the South China Sea and to “cease and desist from the conduct of illegal actions that violate the Philippines’ sovereignty, sovereign rights, and jurisdiction in its maritime zones.”