philippine territory

7/28/2019 Philippine Territory

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PHILIPPINE TERRITORY


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TERRITORY- is defined as the fixedportion on the surface of the earth onwhich the State settles and over whichit has supreme authority. Thecomponents of the territory of the

state are the terrestrial, fluvial,maritime and aerial domains.


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The scope of the Philippine territory is found in Article I of the1987 Philippine Constitution. It provides:

"The national territory comprises the Philippine archipelago,with all the islands and waters embraced therein, and allother territories over which the Philippines has sovereigntyor jurisdiction, consisting of its terrestrial, fluvial, and aerial

domains, including its territorial sea, the seabed, the subsoil,the insular shelves, and other submarine areas. The watersaround, between, and connecting the islands of thearchipelago, regardless of their breadth and dimensions,form part of the internal waters of the Philippines."


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LAND TERRITORY(Terrestrial

Domain)The territorial domain refers to theland mass, which may be integrate ordismembered, or partly bound by

water or consist of one whole island. Itmay also be composed of severalislands, like the Philippines, which are

also known as mid-ocean archipelagosas distinguished from the coastalarchipelagoes like Greece.


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MARITIME TERRITORY(Fluvial and Maritime Domain)

The United Nations Convention on the Law of the Sea

(UNCLOS), also called the Law of the Sea Convention andthe Law of the Sea Treaty (or LOST by its critics), is theinternational agreement that resulted from the third UnitedNations Conference on the Law of the Sea (UNCLOS III),which took place from 1973 through 1982. The Law of the

Sea Convention defines the rights and responsibilities ofnations in their use of the world's oceans, establishingguidelines for businesses, the environment, and themanagement of marine natural resources


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A. Internal watersCovers all water and waterways on the landward side of

the baseline. The coastal state is free to set laws,regulate use, and use any resource. Foreign vesselshave no right of passage within internal waters

B. Territorial watersOut to 12 nautical miles from the baseline, the coastal

state is free to set laws, regulate use, and use anyresource. Vessels were given the right of "innocentpassage" through any territorial waters, with strategicstraits allowing the passage of military craft as "transitpassage", in that naval vessels are allowed to maintain

postures that would be illegal in territorial waters.


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"Innocent passage" is defined by the convention aspassing through waters in an expeditious andcontinuous manner, which is not prejudicial to the

peace, good order or the security of the coastalstate. Fishing, polluting, weapons practice, and spyingare not innocent", and submarines and otherunderwater vehicles are required to navigate on the

surface and to show their flag. Nations can alsotemporarily suspend innocent passage in specificareas of their territorial seas, if doing so is essentialfor the protection of its security.


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C. Archipelagic watersThe convention set the definition of

Archipelagic States in Part IV, which alsodefines how the state can draw itsterritorial borders. A baseline is drawn

between the outermost points of theoutermost islands, subject to thesepoints being sufficiently close to oneanother. All waters inside this baseline

will be Archipelagic Waters and includedas part of the state's internal waters.


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D. Contiguous zoneBeyond the 12 nautical mile limit there

was a further 12 nautical miles or 24nautical miles from the territorial seabaselines limit, the contiguous zone, in

which a state could continue toenforce laws regarding activities suchas smuggling or illegal immigration


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E. Exclusive economic zones (EEZs)

Extend 200 nautical miles from the baseline. Within thisarea, the coastal nation has sole exploitation rights over allnatural resources. The EEZs were introduced to halt theincreasingly heated clashes over fishing rights, although oilwas also becoming important. The success of an offshore oilplatform in the Gulf of Mexico in 1947 was soon repeated

elsewhere in the world, and by 1970 it was technicallyfeasible to operate in waters 4000 metres deep. Foreignnations have the freedom of navigation and overflight,subject to the regulation of the coastal states. Foreignstates may also lay submarine pipes and cables.


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F. Continental shelfThe continental shelf is defined as the natural prolongation ofthe land territory to the continental margins outer edge, or

200 nautical miles from the coastal states baseline, whicheveris greater. States continental shelf may exceed 200 nauticalmiles until the natural prolongation ends, but it may neverexceed 350 nautical miles, or 100 nautical miles beyond 2,500meter isobath, which is a line connecting the depth of 2,500

meters. Coastal states have the right to harvest mineral andnon-living material in the subsoil of its continental shelf, to theexclusion of others.


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The Philippine position of on the definition of its internal waters is commonly known as thearchipelago doctrine. This is articulated in the second sentence of Article I, Sec 1 of the 1987Constitution (see above). Our position is that our islands (as many as 7,100) should beconsidered one integrated whole instead of being fragmented into separate units each with itsown territorial sea. Hence, in defining the internal waters of the archipelago, straight baselines

should be drawn to connect appropriate points of the outermost islands without departing toradically from the general direction as one whole territory. The waters inside these baselines shallbe considered internal and thus not subject entry by foreign vessels without consent of the localstate. The archipelago doctrine has been embodied in the 1982 Convention of the Law of the Sea,with the modification that archipelagic sealanes shall be designated over the internal watersthrough which foreign vessels shall have the right of passage.


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ARIAL DOMAINS

This refers to the air space above the land and waters of the State.The Convention on International Civil Aviation, also known as theChicago Convention, established the International Civil AviationOrganization (ICAO), a specialized agency of the United Nationscharged with coordinating and regulating international air travel. TheConvention establishes rules of airspace, aircraft registration andsafety, and details the rights of the signatories in relation to air travel.

The Convention also exempts air fuels from tax. The document wassigned on December 7, 1944 in Chicago, Illinois, by 52 signatorystates. The Convention defines the supreme authority of each state toits airspace. Relevant provisions of the convention relates to suchrecognition and the elements of a states territory.


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