In the simmering cauldron of the South China Sea, where geopolitical tensions perpetually threaten to boil over, a new provocation has emerged. China, undeterred by international law and seemingly emboldened by its own narratives of sovereignty, has enacted a new coast guard regulation that grants it extensive powers to detain “trespassers” within its asserted borders for up to 60 days without trial. This regulation, starkly condemned by former Philippine Supreme Court Associate Justice Antonio Carpio, represents a flagrant violation of international law, specifically the United Nations Convention on the Law of the Sea (UNCLOS) and the UN Charter.

Carpio’s critique is incisive and unyielding. “The new Chinese coast guard regulation is clearly contrary to UNCLOS and the UN Charter. Under UNCLOS, no state can subject the high seas to its sovereignty,” he declared. This regulation effectively enables China to unilaterally impose its will over vast swathes of the South China Sea, disregarding the sovereign rights of other coastal states and the fundamental principles of maritime law.

The July 12, 2016, Arbitral Award, which invalidated China’s infamous nine-dash line (now a ten-dash line), is central to Carpio’s argument. This landmark decision under UNCLOS declared that China has no historical rights over the South China Sea areas falling within the exclusive economic zones (EEZ) of the Philippines, Vietnam, Malaysia, Brunei, and Indonesia. Despite this unequivocal ruling, China’s new regulation asserts its authority over these disputed waters, an audacious move that undermines international legal norms and the sovereignty of neighboring nations.

China’s regulation not only encroaches upon the EEZs of other nations but also contravenes the UN Charter’s prohibition on the threat or use of force in resolving disputes between states. By authorizing its coast guard to arrest, detain, and expel foreign vessels in these waters, China is essentially weaponizing its maritime law enforcement against peaceful navigation, a brazen act of intimidation.

This development is not just a legal transgression; it is a strategic maneuver that threatens regional stability. Carpio’s call to action is both urgent and necessary. He urges the Philippine government to rally global maritime powers, including the United States, United Kingdom, France, Japan, and Australia, to sail through these contested waters, demonstrating a collective rejection of China’s overreach. Such a coordinated effort is essential to uphold the rule of law and ensure that the South China Sea remains open and free for all nations.

The stakes in this maritime drama are exceedingly high. The South China Sea is a critical artery for global trade, a vital fishing ground, and potentially rich in energy resources. China’s aggressive actions threaten to choke these international lifelines, imposing its dominion over what should be shared and governed by international rules.

As the world watches, the Atin Ito Coalition’s recent civilian-led supply mission in the West Philippine Sea provides a glimmer of resistance against Chinese hegemony. Their daring effort to breach China’s “illegal blockade” near the Scarborough Shoal symbolizes the broader struggle for maritime rights and sovereignty. These civilian actions, however, are not enough. They must be complemented by robust governmental and international responses.

Diplomatic resolution of this controversy is paramount. The international community must collectively reaffirm its commitment to UNCLOS and the principles enshrined in the UN Charter. This means not only condemning China’s actions in the strongest possible terms but also taking concrete steps to enforce international law. This could involve coordinated freedom of navigation operations, economic sanctions against Chinese entities involved in these illegal activities, and support for ASEAN countries in bolstering their maritime defenses.

China’s new coast guard regulation is more than just a bureaucratic edict; it is a direct challenge to the international order. The global community must rise to meet this challenge with resolve and unity. Justice Carpio’s arguments are not just legalistic points; they are a clarion call for defending the principles of sovereignty, freedom of navigation, and the rule of law. Failure to respond decisively will not only embolden China but also erode the foundations of international maritime law, leading to a more turbulent and dangerous world.

In this high-stakes game of geopolitical chess, every move counts. It is imperative that the nations of the world, led by principled voices like Carpio’s, stand firm against China’s overreach. The South China Sea must remain a shared global commons, governed by law, not by force. The time for decisive action is now, before the tides of authoritarianism reshape the maritime order irreversibly.