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Chinese BBNJ Declaration Won’t Diminish Philippine Rights Over West Philippine Sea: DFA

Manila: The Department of Foreign Affairs (DFA) on Tuesday asserted that China's implementation of the United Nations High Seas Treaty would not compromise the Philippines' maritime zones in the West Philippine Sea (WPS).

According to Philippines News Agency, this statement came in response to former Supreme Court Associate Justice Antonio Carpio's warning that Manila could potentially lose its exclusive economic zone (EEZ) in the West Philippine Sea if it fails to object to China's declaration regarding the Biodiversity Beyond National Jurisdiction (BBNJ) Agreement. Carpio highlighted that Beijing's signing of the pact in December 2025 denied the existence of high seas in disputed areas, referring to the South China Sea.

Foreign Affairs Spokesperson Analyn Ratonel countered Carpio's concerns, stating they lacked legal basis since the treaty pertains only to areas beyond national jurisdiction. She emphasized that the Philippines' EEZ is safeguarded under UNCLOS (UN Convention on the Law of the Sea), not by the BBNJ Agreement, and therefore remains unaffected by its implementation. Ratonel clarified that the treaty cannot be used to assert or reject any claims to sovereignty, sovereign rights, or jurisdiction, nor for resolving related disputes.

Ratonel further noted that there is no unresolved maritime dispute concerning China's extensive claims in the South China Sea, as the 2016 Arbitral Award already determined that Beijing's nine-dash line is incompatible with UNCLOS and holds no legal standing.

During BBNJ negotiations, the Philippines consistently maintained that the agreement applies to high seas pockets within the South China Sea. The country actively opposed mechanisms allowing a party to veto Area-Based Management Tool measures based on standing disputes, aiming to prevent contested maritime claims from hindering the agreement's implementation.

Ratonel reiterated that national interest has been the government's primary focus in its treaty-related engagements and decisions. She highlighted that the Philippines' stance on the UN treaty resulted from thorough deliberations involving various government departments, non-government organizations, and stakeholders.

The BBNJ represents the first legally binding international accord dedicated to conserving and sustainably using marine biological diversity in the high seas.

Ratonel expressed strong disagreement with Carpio's statement, calling his accusation of governmental inaction baseless. She stressed the importance of providing the Filipino public with accurate information, assuring them that the government remains committed to protecting Philippine sovereignty and jurisdiction in its maritime zones.