G. The National Territory

Question 1

What is the Archipelagic Doctrine?

Answer 1

Archipelagic Doctrine (2016 BAR) Art. I, Sec. 1 of the 1987 Constitution adopts the archipelagic doctrine. It provides that the national territory of the Philippines includes the Philippine archipelago, with all the islands and waters embraced therein; and the waters around, between and connecting the islands of the archipelago, regardless of their breadth and dimensions form part of the internal waters of the Philippines.

It emphasizes the unity of land and waters by defining an archipelago either as a group of islands surrounded by waters or a body of water studded with islands.

Question 2

Straight Archipelagic Baselines vis-à-vis Archipelagic State

Answer 2

An archipelagic State may draw straight archipelagic baselines by joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ration of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1. (Art. 47, UNCLOS)

Question 3

Guidelines in drawing archipelagic baselines

Answer 3

1. The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles. (Art. 47 (2), UNCLOS)
2. The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago. (Art. 47(3) UNCLOS)
3. Such baselines shall not be drawn to and from low tide elevations. (Art. 47(4) UNCLOS)
   NOTE: Unless lighthouses or similar installations which are permanently above sea level have been built on them or where a lowtide elevation is situated wholly or partly at distances not exceeding the breadth of the territorial sea from the nearest island. (Ibid)
4. It shall not be applied in such a manner as to cut off from the high seas or the exclusive economic zone the territorial sea of another State. (Art. 47 (5), UNCLOS)
5. If a part of the archipelagic water of an archipelagic State lies between two parts of an immediately adjacent neighboring State,existing rights, and all other legitimate interests which the latter State has traditionally exercised in such waters and all rights stipulated by agreement between those States shall continue and be respected. (Art. 47(6) UNCLOS)

NOTE: The breadth of the territorial sea, the contiguous zone, the exclusive economic zone, and the continental shelf are measured from the archipelagic baselines drawn in accordance with Art. 47. (Art. 48, UNCLOS)