National Territory Flashcards
State Article I of the 1987 Philippine Constitution
The national territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, aerial and fluvial domains, including its territorial sea, the seabed, the subsoil, the insular shelves and other submarine areas. 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.
What are we claiming over the Kalayaan Islands Group and Scarborough Shoal?
The Philippines is claiming sovereign rights over the KIG and Scarborough Shoal.
Under the UNCLOS (Sec. 2, Art. 3, Part II), every state has the right to establish the breadth of its territorial sea up to a limit not exceeding 12 NM measured from the baselines determined in accordance with the convention (UNCLOS).
The Scarborough shoal is 220 kilometers (118.79 NM) from Zambales while the nearest island of the KIG is 232 (125.25 NM) kilometers from Puerto Princesa.
Under the UNCLOS, we may not claim territorial rights over the islands since both are beyond the set limit of 12 NM, therefore, we may claim sovereign rights.
What is Archipelagic doctrine?
The Archipelagic doctrine states that an archipelago shall be considered as one integrated unit applying the straight base line method.
What is straight base line method?
Straight base line method connects the outermost points of an archipelago with straight baselines and all waters inside the baselines are considered as internal waters.
What is territorial sea?
Territorial sea is that portion of the sea adjacent to the coast of a State which is under its jurisdictional control.
What are internal waters?
Internal waters are waters on landmark side of the baselines from which the breadth of the territorial seas is calculated.
What are archipelagic waters?
“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.” (Art. I, 1987 Constitution)
What is territorium nullius?
It means territory of no one, a territory which is a land of no State.
