Governance in the high seas: An opportunity to actualize our maritime victories

This year, 2026, is of particular importance to the Philippines, a maritime nation.

This year marks the 10^th anniversary of the decision of the Permanent Court of Arbitration on the South China Sea. This was unequivocally a legal victory for the Philippines, because it invalidated China’s nine-dash line claim and affirmed the Philippines’ sovereign rights and maritime entitlements in the West Philippine Sea. Most importantly, the ruling also reaffirmed a fundamental principle: that states have a responsibility to protect and preserve the marine environment.

The Tribunal found that China, through its toleration and protection of, and failure to prevent, Chinese fishing vessels engaging in harmful harvesting activities of endangered species, had breached its obligations under UNCLOS (United Nations Convention on the Law of the Sea), including its obligation to protect and preserve the marine environment. It also ruled that China’s island-building activities had caused devastating and long-lasting damage to the marine environment.

These findings made clear that the destruction of coral reefs, the harvesting of endangered marine species, and the degradation of fragile ecosystems are clear violations of international law and are unacceptable under the rules-based international order.

PROTECTING HIGH SEAS BIODIVERSITY
The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, also known as the High Seas Treaty, has also entered into force this year.

Last year the Philippines ratified this landmark United Nations treaty aiming to safeguard marine biodiversity in the high seas. This is an agreement under the 1982 UNCLOS, seeking to ensure the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

The Agreement rests on three pillars that push for a new model of equitable, science-based ocean stewardship. First is the establishment of area-based management tools, a critical lever for protecting 30% of the oceans by 2030. Currently, just under 1% of the high seas are protected.

The second pillar governs marine genetic resources — extraordinary biological material found in deep-sea organisms. The Agreement introduces a mandatory benefit-sharing framework, operating on the primordial principle that the high seas and their resources belong to the common heritage of humankind.

The final pillar is capacity building and transfer of marine technology. It is the bridge that lends meaning to the first two pillars as they relate to developing countries. This ensures that all States can participate as genuine partners in high seas science, governance, and conservation.

This treaty is especially important for the Philippines. As an archipelagic and megadiverse country situated at the apex of the Coral Triangle, our waters are deeply connected with the rest of the world. The health of our national waters is linked to the health of the high seas. In the same way that what happens in Philippine waters reverberates across the globe, what happens in the high seas shapes the future of our fisheries, coastal communities, and marine ecosystems.

FUTURE OF OCEAN GOVERNANCE
Taken together, the 10^th anniversary of the Arbitral Award and the entry into force of the BBNJ Agreement send a powerful message: the future of ocean governance must be anchored in law, guided by science-based maritime governance, and strengthened by partnerships among like-minded states.

But rather than viewing these two instruments as ends in themselves, they must instead be seen as victories that have yet to be actualized.

For instance, despite the arbitral ruling being handed down 10 years ago, the Philippines continues to experience relentless bullying in the West Philippine Sea. China continues to reject the PCA’s jurisdiction and commit gray-zone tactics that endanger the lives and livelihoods of our uniformed personnel and fisherfolk.

For its part, the BBNJ Agreement is still in its nascent stage, with its success depending on the strength of its implementation. Its lofty goals must be translated into concrete action.

The Philippines cannot — and should not — stand alone. This is the value of having like-minded partners that share our values. These partners, while situated a great distance from the Philippines or having cultures starkly different from ours, also uphold the supremacy of the rule of law and believe that the rules-based international order must prevail at all times.

One such partner is France. As an Indo-Pacific resident power, France has been a steadfast partner of the Philippines in advancing a rules-based maritime order, protecting marine biodiversity, and promoting cooperation for the sustainable governance of our oceans.

The value of these partnerships was underscored yesterday at the forum, “Advancing High Seas Governance: Opportunities for Regional Cooperation on the BBNJ Agreement Implementation,” organized by the Stratbase Group and the French Embassy in the Philippines. The discussions demonstrated that safeguarding the oceans can no longer be the responsibility of individual states alone. As the Philippines seeks to advance the implementation of the BBNJ Agreement and strengthen the protection of its maritime interests, cooperation with trusted partners such as France will be indispensable in building scientific capability, promoting sustainable ocean governance, and upholding the rules-based international order.

The convergence of the Arbitral Award’s 10^th anniversary and the entry into force of the BBNJ Agreement presents a rare opportunity for the Philippines to turn principle into practice. These milestones have affirmed our rights, strengthened the rule of law, and reinforced our responsibility to protect the marine environment. The task now is to translate these hard-won gains into tangible outcomes for our people, our oceans, and future generations. For a maritime nation such as the Philippines, the true measure of success lies not in winning these victories, but in actualizing them.

Victor Andres “Dindo” C. Manhit is the president of the Stratbase ADR Institute.