THE recent assistance given by a Chinese naval vessel to a Filipino fisherman off Zambales does not constitute a violation of Philippine sovereignty, according to international law expert Dr. Melissa Loja. In an interview with The Manila Times on Sunday, Loja, a postdoctoral fellow at the University of Copenhagen, said the obligation to conduct search and rescue at sea predates the law of the sea itself and is rooted in centuries-old custom. While modern conventions such as the United Nations Convention on the Law of the Sea (Unclos) formalize this obligation, she said politicizing humanitarian efforts undermines the very foundation of maritime law. “Search and rescue is a duty that all states must observe, regardless of territorial claims or exclusive economic zones,” Loja said. “To question the right of a foreign vessel to traverse the Philippine EEZ displays a lack of understanding of the principle of freedom of navigation.” She noted that freedom of navigation is equally ancient and foundational, superseding the sovereign or economic rights of coastal states in the EEZ. “Any Chinese vessel can navigate in any part of the Philippine EEZ, just as any Philippine vessel can navigate in any part of China’s EEZ,” she said. The only exception would be if the Philippines were at war with China or had abandoned neutrality in a war involving China — a scenario that is clearly not the case. She also criticized suggestions that China’s rescue could be used to assert sovereignty over Philippine waters. “This is a grotesque interpretation of international law. Search and rescue undertaken in fulfillment of an obligation under international law is not an exercise of jurisdiction or sovereignty,” Loja said, adding that media coverage tends to sensationalize South China Sea incidents, which can miseducate the public. Loja clarified that there is a legal distinction between humanitarian operations and law enforcement acts at sea. Only the latter, such as investigating threats to maritime security or wrecks, constitute exercises of sovereignty, as affirmed in cases like Malaysia v. Singapore and France v. UK. Her comments come after the Philippine Coast Guard (PCG) highlighted the Chinese naval vessel’s presence in Philippine waters as “without legitimate reason,” a stance Loja said reflects a misunderstanding of maritime law principles. PCG spokesman Jay Tarriela said the recent assistance given by a Chinese naval vessel to a Filipino fisherman stranded in the West Philippine Sea (WPS) off the coast of Zambales was simply a “PR stunt.” Tarriela pointed out that the statement released by the Chinese Embassy was full of “errors” and “exaggerated” in many points. “For me, this was just a PR stunt. If you would read the statement they [Chinese Embassy] released, they did not say the location [where the aid happened] because they were hiding the fact that they were inside the Philippines’ exclusive economic zone,” he said in Filipino and English. Tarriela said the incident happened 71 nautical miles off the coast of Zambales, which is well within the Philippine EEZ. There, crew members on board a People’s Liberation Army (PLA) Navy Luyang III-class guided-missile destroyer came to the aid of a distressed Filipino fisherman in the disputed waters on Christmas Day. In a social media post, the Chinese Embassy said they provided “essential food and water to fishermen who had been stranded for three days due to engine failure, while coordinating follow-up support with the Philippine Coast Guard.” Tarriela clarified that the food provided by the PLA Navy was just a bottle of water and three packs of biscuits. It is also not true that the fisherman was stranded for three days, as it had only been 24 hours since he got separated from his group. There was also no truth that the Chinese coordinated with the PCG, Tarriela said. Tarriela said the fisherman, Larry Tumalis, wrote “help me” on a styrofoam because he got “frightened when the PLA navy warship 174 launched an RHIB [rigid hull inflatable boat]. Tumalis worried that the Chinese Navy warship might harass him because he was alone, especially when they launched an inflatable boat, Tarriela said. Tumalis has joined his group back, he added.