With a new set of laws, the China Coast Guard will now begin to detain foreigners caught trespassing in Chinese-claimed South China Sea.

The regulations based on the new Chinese Laws have sparked outrage from China’s neighbours, claiming they are prohibiting access to open waters.

Disputed Territory

Governments which closely aligned with the United States, such as Philippines, Taiwan, and Japan see the new regulation as a threat to national security. 

Recently, disputes over Scarborough Shoal or Huangyan Island have intensified between Beijing and Manila.

China claims ownership of Huangyan Island and a number of other nearby territories located in the South China Sea.

The Philippines however states that the claims from China are invalid and that they have a right to occupy these waters.  

This has led to several direct confrontations between ships belonging to the coast guards of both China and Philipines.

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Filipino Activists

The Philippine Government has also allowed a group of activists comprised of private citizens and fishermen to sail directly to Scarborough Shoal.

The recent event saw more than 100 small Filipino fishing boats sail to the Huangyan Island to protest China’s claim of ownership. 

The group of roughly 100 people set off from western Zambales province to promote Manila’s sovereignty over Scarborough Shoal and surrounding waters.

As a result three coastguard patrol ships, a plane and a navy vessel have been deployed by the Philippines.

This was done to ensure the safety of the activists and fishermen heading to a disputed fishing area in the South China Sea.

China Military
ESCALATIONS INCREASE IN SOUTH CHINA SEA Photo Courtesy: China Military

Law Regulations

The new law will allow the Chinese coast guard to detain foreigners “suspected of violating management of border entry and exit.” in the disputed areas.

Detention of trespassers can reach a maximum of up to 60 day sentences in complicated cases, Chinese agencies reported. 

“Foreign ships that have illegally entered China’s territorial waters and the adjacent waters may be detained,” the new Chinese regulations state. 

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International Arbitration

In 2013 the Philippine government brought territorial disputes to international arbitration and largely won its case.

A tribunal in the Hague ruled that China’s expansive claims based on historical grounds in the busy seaway were invalid under the 1982 U.N. Convention on the Law of the Sea.

The ruling declared Scarborough Shoal a traditional fishing area for Chinese, Filipino and Vietnamese fishermen.

In the past, fishermen from all nations have anchored in the shoal to avoid large waves in the high seas during storms and rough weather.

China refused to participate in the international arbitration, and even rejected the outcome and continues to defy the orders of the verdict.

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Japan and Philippines

May 2024, Philippines announced that it will purchase five coast guard patrol ships from Japan, in a multifaceted deal worth more than $400 million. 

Japan will loan the Philippines 64.38 billion yen ($413 million) to buy five 97-meter multi-role response vessels (MRRVs) and the required support facilities, Manila’s Foreign Ministry explained in a statement.

However, Manila’s naval fleet and the vessels owned by its coast guard remain no match to that of China.

However, the announcement does indicate a miniaturized arms race in the South China Sea where tensions between nations are undeniably growing. 

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