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Arenas: Reciprocity provision in the Maritime Zones Law – a warning vs non-compliant states

Metrosundaily March 19, 2024

THE House Conferees on the Bicameral Conference Committee on the Philippine Maritime Zones Bill, led by Foreign Affairs Chairperson Representative Maria Rachel Arenas, pushed for the inclusion of a reciprocity provision in the final version of the bill.

This provision, encapsulated in Section 14 of the reconciled bill, underscores the Philippines’ commitment to recognizing the rights and privileges of foreign vessels and aircraft within its maritime zones, contingent upon conditions of due regard and mutual respect.

Arenas said, “I am deeply concerned with the situation in the West Philippine Sea. The reciprocity clause in the law will send a strong message to the global community, particularly maritime user States, that while we uphold their rights and privileges within our maritime zones, we caution them against any actions deviating from international legal frameworks. We must assert that we have the prerogative to take requisite legal and diplomatic measures against those who violate international law, particularly the UNCLOS.”

Drawing insights from consultations with maritime experts, Arenas argued that in cases where certain countries fail to acknowledge our maritime zones, a reciprocity provision would serve as a deterrent against exploitation and aggression. There is an inherent risk of unilaterally granting rights under UNCLOS to such states without ensuring their corresponding adherence to obligations.

Agreeing with Arenas, other BICAM conferees, namely, Representatives Raul “Boboy” Tupas, Rufus Rodriguez, Neptali Gonzales II, Emigdio Tanjuatco III, Francisco “Kiko” Benitez, Sergio Dagooc, and Ramon Rodrigo Gutierrez, emphasized that the inclusion of this clause in the Maritime Zone Act enhances its effectiveness and strengthens its enforceability against foreign entities.

Arenas underscored that the passage of this legislation has been a long and tedious journey and that she wanted to ensure that the law to be enacted has a spine strong enough to safeguard our national interests and preserve the abundant resources of Philippine waters for the exclusive benefit of Filipino citizens.

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Tags: arenas maritime zones law

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