THE maritime dispute between Manila and Beijing has expanded beyond the traditional flashpoints in the West Philippine Sea after China asserted sovereign rights and jurisdiction in waters off Batanes, a position the Philippines has firmly rejected.
The Department of Foreign Affairs (DFA) on Friday challenged China’s claim that a Chinese research vessel was operating in waters under Beijing’s jurisdiction, saying the vessel was conducting activities well within the Philippines’ Exclusive Economic Zone (EEZ).
In a statement, the DFA said the Chinese research and survey vessel Jia Hai Ke 7 was detected about 37 nautical miles northwest of Itbayat, Batanes, a location that falls within the Philippines’ 200-nautical-mile EEZ measured from the northern island province.
‘The Department firmly and strongly rejects the Chinese Embassy’s assertion that China has sovereign rights and jurisdiction in the waters off Batanes,’ the DFA said.
The Philippine Coast Guard said it monitored the vessel for several days and conducted law enforcement operations in response to what it described as suspected unauthorized marine scientific research.
The dispute escalated after the Chinese Embassy in Manila insisted that the vessel was conducting ‘normal operations in waters under China’s jurisdiction’ and accused the Philippine Coast Guard of interfering with legitimate scientific research activities.
China argued that the Philippines and China have overlapping maritime claims in the area and cited Articles 74 and 83 of the United Nations Convention on the Law of the Sea (Unclos), which provide that states with overlapping maritime entitlements should settle boundaries through negotiations.
However, the embassy did not publicly explain the precise geographic basis of China’s claimed jurisdiction over the waters where the vessel was operating.
The DFA countered that under Article 246 of Unclos, marine scientific research within a coastal state’s EEZ and continental shelf requires the consent of the coastal state.
‘The Philippines did not receive any request from the Chinese side and no consent has been given to any Chinese vessel to conduct marine scientific research,’ the department said.
Philippine Coast Guard spokesperson Commodore Jay Tarriela, likewise, disputed China’s position, noting that the vessel was only 37.84 nautical miles from Itbayat.
Citing Articles 56 and 246 of Unclos, Tarriela said the Philippines enjoys sovereign rights and jurisdiction over marine scientific research within its EEZ and that foreign vessels must first obtain Manila’s consent before conducting such activities.
‘Walang permit. Walang consent. Walang jurisdiction ang China dito [No permit. No consent. China has no jurisdiction here],’ Tarriela said in a social media post.
The Chinese Embassy responded by criticizing Tarriela’s arguments and reiterating Beijing’s longstanding position that it does not recognize the 2016 South China Sea arbitral ruling.
China said the ruling does not affect its territorial sovereignty or maritime rights and interests.
Sovereign rights versus sovereignty
At the center of the dispute is China’s assertion of ‘sovereign rights and jurisdiction’ rather than a claim of territorial sovereignty over Batanes itself.
Under Unclos, sovereignty and sovereign rights are distinct legal concepts.
A state exercises sovereignty over its land territory, internal waters and territorial sea. Sovereignty is comprehensive and exclusive, similar to a government’s authority within its national territory.
Sovereign rights, by contrast, are limited rights exercised within an EEZ. These rights primarily cover the exploration, exploitation, conservation and management of natural resources, as well as jurisdiction over activities such as marine scientific research, artificial islands and environmental protection.
In practical terms, a state’s EEZ is not part of its sovereign territory. Foreign ships generally retain freedom of navigation in an EEZ, but the coastal state has exclusive authority over resource-related activities and marine scientific research.
The latest dispute therefore does not involve an official Chinese claim to Batanes province itself.
Rather, Beijing is asserting sovereign rights and jurisdiction in waters off Batanes, while Manila maintains that the area falls within the Philippines’ EEZ and is subject to Philippine jurisdiction under Unclos.
The exchange marks the first time Beijing has publicly asserted such rights in waters off the country’s northernmost province, opening a potential new area of contention between the two countries outside the South China Sea’s more familiar hotspots.