Territory

Question 1

UNCLOS TERMS

Answer 1

UNCLOS TERMS (RECAP)

1. Archipelagic Waters/Internal Waters – the waters around, between and connecting the island[s] of the archipelago

Note: Foreign ships CANNOT navigate without the consent, except in hot pursuit

1. Territorial Sea – the waters within 12 nautical miles from the baseline. This is part of the Philippine territory and the Philippines exercises full sovereignty over it but there is a right of innocent passage.

Innocent Passage, defined. - Passage is innocent so long as it is not prejudicial to the peace, good order or security of the coastal State.

Passage shall be continuous and expeditious. However, _passage includes stopping and anchoring, but only in so far as the same are incidental to ordinary naviga_tion or are rendered necessary by force majeure or distress or for the purpose of rendering assistance to persons, ships or aircraft in danger or distress.

1. Contiguous Zone – the waters not exceeding 24 miles from the baseline. State exercises control to prevent and punish breach of customs, immigration, and sanitary laws
2. Exclusive Economic Zone – the waters within 200 miles from the baseline. State can explore, manage and exploit living and non-living resources [freedom of navigation, right of over-flight]
3. Continental Shelf – the seabed and sub-soil, which extends throughout the natural prolongation of its land territory

Question 2

Territorial Sea vs Internal Waters

Answer 2

Territorial Sea

Internal Waters

Within 12 [nautical miles] from the imaginary baseline;

Waters in the baselines; water between the islands

Examples: rivers, gulfs

Both are part of the Philippine territory, as we have sovereignty over these places.

Question 3

Contiguous Zone v. Exclusive Economic Zone

Answer 3

Contiguous

Exclusive Economic Zone

Area which is only 24 [nautical] miles from the baseline.

The extent is actually only 12 [nautical] miles because first extent is territorial sea. Next 12 miles is contiguous zone.

It is ADJACENT to the territorial sea

It is a zone extending up to 200 nautical miles from the baselines of a state over which the coastal state has sovereign rights for the purpose of exploring and exploiting, conserving and managing the natural resources, whether living or nonliving, of the waters superjacent to the seabed and of the seabed and subsoil, and with regard to other activities for the economic exploitation and exploration of the zone.

You can exploit, explore and utilize all the living and non-living resources. You can do scientific research there under the UNCLOS.

You can even lay down cable wires for the purpose of internet. The TELCOs can do that.

Note: the keyword is “EXCLUSIVE”

Question 4

Types of Baseline

Answer 4

Types of baseline:

a) Normal Baseline Method
b) Straight Baseline method – Imaginary straight lines are drawn joining the outermost points of outermost islands of the archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land); provided that the drawing of baselines shall not depart, to any appreciable extent, from the general configuration of the archipelago. The waters within the baselines shall be considered internal waters, while the breadth of the territorial sea shall then be measured from the baselines

Question 5

What is a baseline

Answer 5

Baseline – is a line from which the breadth of the territorial sea, the contiguous zone and the exclusive economic zone is measured in order to determine the maritime boundary of the coastal state.

Question 6

Rights in EZZ and Contiguous Zone

Answer 6

In the contiguous zone, it is not part of the Philippine territory but we can enforce:

1. Immigration laws;
2. Sanitary laws; and
3. Custom laws

To prevent smuggling, to prevent illegal aliens from entering, and to preserve the environment.

In the EEZ, we can exploit living and non-living resources.