On Nov 8, the Philippines enacted the Republic Act (RA) 12064, or the Philippine Maritime Zones Act; and Republic Act (RA) 12065 or the Philippine Archi-pelagic Sea Lanes Act.
The legislation attracted criticism from the region among those not familiar with the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
The legislation is necessary for the delineation of the archipelagic sea lanes in the context of domestic and international laws.
The notification and publication of the alignment of the sea lanes must be endorsed by the International Maritime Organisation (IMO).
Indonesia, Fiji and the Philippines are among those credited with bringing the concept of archipelagic states into legal reality.
Indeed, Indonesia proclaimed its archipelagic sea lanes, which are recognised by the international community.
The new Philippine laws should come as no surprise. Indeed, they are long overdue for a nation that ratified UNCLOS on May 8, 1984. Malaysia's ratification came in 1996.
However, the Philippines' ratification was accompanied by a reservation on the application of the rules regarding the passage through archipelagic sea lanes.
The reservation — stating that the archipelagic waters are "similar to the concept of internal waters under the constitution of the Philippines and asserts the removal of straits connecting these waters with the economic zone or high sea from the rights of foreign vessels to transit passage for international navigation" — had provoked protests from the United States, Russia, and Australia.
The Philippine Archipelagic Sea Lanes Act complements the Philippine Maritime Zones Act in protecting the country's sov-ereignty and maritime domain by designating the routes and areas through which foreign military vessels and foreign registered aircraft can pass.
The recent laws rescind the earlier reservation by allowing all foreign vessels and aircraft to exercise the right of navigation and overflight through three designated routes (referred to as Axis Lines) within the archipelagic waters.
The alignments of the three proposed archipelagic sea lanes (ASLs) should not pose any problems for Malaysian-registered or -flagged ships operating in the region as freedom of navigation is assured.
The same applies to Brunei, China and Indonesia.
SEA Lane 1 relates to the Philippine Sea-Balintang Channel-West Philippine Sea.
SEA Lane 2 applies to the Celebes Sea-Sibutu Passage-Sulu Sea-Cuyo East Pass-Mindoro Strait-West Philippine Sea; and,
SEA Lane 3 is the Celebes Sea-Basilan Strait-Sulu Sea-Nasubata Channel-Balabac Strait-West Philippine Sea connection.
Thus, there should be no potential concern for Malaysia on the new maritime zones.
However, issues may arise if the map depicting the limits of
these zones conflicts with the current understanding of the mutually agreed maritime boundaries between the two countries in the Sulu Sea, Sulawesi Sea, and the southern sector of the South China Sea, where some territories around the Commodore Shoal (Terumbu Laksamana) overlap.
The Philippines has one year to consult with the IMO and the International Civil Aviation Organisation and supply them the
geographical coordinates for the selected sea-lanes before they are adopted.
RA 12064 upholds Philippine sovereignty and jurisdiction over its internal waters, the Territorial Sea and Contiguous Zone archipelagic waters and the airspace above it, as well as its seabed and substratum.
Such an act is considered customary international practice.
The new laws demonstrate the nation's resolve to protect its marine environment and resources, preserve the rich biodiversity, and ensure the seas encompassing the archipelago remain a source of life and livelihood for the people of the Philippines.
RA 12065 also identifies the liability of ships or aircraft for any loss or damage suffered by the Philippines or any third party because of non-compliance with the provisions of the law.
The archipelagic sea lanes will offer continuous, expeditious, and unrestricted transit for ships and air transport while obliging them to comply with navigational regulations and procedures as well as with flight safety and protocols of international and domestic procedures.
Contrary to many opinions, the proposed ASL is not a new map.
It is the same map previously used in disputes over the contested Scarborough Shoal and the Kalayaan maritime domain.
B.A. Hamzah is founding director- general of Maritime Institute of Malaysia and Vivian Forbes is affiliated with the University of Western Australia and the Maritime Institute of Malaysia, specialising in marine geopolitics