Insights

Anchored in Law: The Philippines’ Legitimate Claim to Bajo de Masinloc

The Philippines’ claim to Bajo de Masinloc rests on both law and geography. From historical maps and treaty succession to the 2016 South China Sea Arbitration, the shoal’s proximity to Zambales and its classification under UNCLOS reinforce the Philippines’ entitlements. This article examines state practice, comparative jurisprudence, and China’s activities, showing why UNCLOS remains the decisive framework for maritime order in the West Philippine Sea.

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Property, Not Immunity: UNCLOS and Maritime Autonomous Vessels

Maritime Autonomous Vessels (MAVs) pose a pressing doctrinal challenge under UNCLOS. While some states designate MAVs as warship or government ship, such practice does not confer sovereign immunity. This article argues that MAVs remain an equipment, failing UNCLOS’s intention at adoption, and must be treated as property to safeguard sovereignty, accountability, and the integrity of the maritime legal order.

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Boarding Authority in the EEZ: A Restrictive Doctrine under UNCLOS

Boarding ships in the Exclusive Economic Zone is not a general right but a narrowly defined competence under UNCLOS Article 73. Coastal states may board, inspect, or arrest vessels only to enforce laws on living resources, while foreign ships retain navigation freedoms. This restrictive doctrine reduces conflict, protects maritime trade, and strengthens the legitimacy of coastal state actions.

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Cyber Operations Against Ships: Attribution, Sovereign Immunity, and the Scale-and-Effects Test

Cyber operations against ships pose growing risks to navigation, trade, and sovereignty. This article explains how international law applies the scale-and-effects test, why attribution is the gateway principle for lawful responses, and how sovereign immunity magnifies the consequences of attacks on warships and government vessels.

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Maritime Autonomous Vessels and Coastal State Security: A Restrictive Reading of UNCLOS

Maritime Autonomous Vessels (MAVs) challenge traditional doctrines under UNCLOS. This article defines their scope through IMO’s autonomy categories and explains why crew presence remains decisive for ship status. It further explores national security risks and the limits of sovereign immunity, arguing that unmanned MAVs should be treated as specialized equipment under coastal state jurisdiction.

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Anchoring Peace: The Significance of a Code of Conduct in the South China Sea

The South China Sea remains one of the world’s most contested maritime regions, rich in resources and vital for global trade. This article explains why a binding Code of Conduct is essential to uphold UNCLOS, integrate arbitral rulings, and transform ASEAN commitments into enforceable rules that safeguard peace, stability, and cooperation.

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Military Exercises in Another State’s EEZ: A Restrictive Interpretation

This article examines whether foreign military exercises are permitted inside another state’s EEZ under UNCLOS. It argues for a restrictive interpretation grounded in sovereign rights, the due regard obligation, and the peaceful purposes principle—offering a path to protect coastal state security and uphold a rules‑based maritime order.

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