The National Territory of the Philippines (1)

ARTICLE 1 THE NATIONAL TERRITORY

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,

fluvial

and

aerial

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.

The National Territory of the Philippines comprises the Philippine Archipelago:

ARCHIPELAGO came from the Greek work PELAGOS meaning “sea”. It has been defined as a sea or part of a sea studded with islands, often synonymous with group of islands or large group of islands in an extensive body of water.

How do we determine our

territorial boundaries?

1. THE 12 MILE RULE

2. THE ARCHIPELAGIC PRINCIPLE

This concept is meant that an archipelago shall be regarded as a single unit, so that the waters around, between and connecting the islands of the archipelago, irrespective of their breath and dimensions, form part of the internal waters of the state, subject to its exclusive sovereignty.

THREE DOMAINS OF THE TERRITORY OF

THE STATE

Terrestrial Domain

The terrestrial domain refers to the land mass,

which may be integrate or dismembered, or partly

bound by water or consist of one whole island. It

may also be composed of several islands, like the

Philippines. It also includes all the resources

attached to the land.

AERIAL DOMAIN

This refers to the air space above the land and

waters of the State

The rules governing the high seas also apply to outer space, which is considered res communes. Under customary international law, States have the right to launch satellites in orbit over the territorial space of other States.

The Outer Space Treaty, formally known as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, including the Moon and Other Celestial Bodies, is a treaty that forms the basis of international space law.

WHAT IS THE VERTICAL LIMIT OF

THE TERRITORY OF STATE?

The Kármán line

It lies at an altitude of 100 kilometers (62 mi) above the Earth’s sea level and is commonly used to define the boundary between the Earth’s atmosphere and outer space.

FLUVIAL DOMAIN

Included in its fluvial domains are as follows: 1. Internal waters

2. Territorial sea

3. Exclusive Economic zone (EEZ) 4. Sea bed

5. Subsoil

6. Insular shelves

Internal waters

This include all bodies of water

located inside the baseline of the

territory including sea, lakes, rivers,

streams etc.

Territorial Sea

Out to 12 nautical

miles

from

the

baseline, the coastal

state is free to set laws,

regulate use, and use

any resource.

THE PRINCIPLE OF “INNOCENT PASSAGE”

Vessels were given the right of "innocent passage" through any territorial waters, with strategic straits allowing the passage of military craft as "transit passage", in that naval vessels are allowed to maintain postures that would be illegal in territorial waters.

"Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not “prejudicial to the peace, good order or the security” of the coastal state.

THE EXCLUSIVE ECONOMIC ZONE (EZZ)

Extend 200 nautical

miles from the baseline. Within this area, the coastal nation has sole exploitation

rights over all natural

resources. The EEZs were

introduced to halt the

increasingly heated clashes over fishing rights, although

oil was also becoming

Sea Bed

This refers to the land that holds the sea, lying beyond the sea shore, including mineral and natural resources

Insular shelves or continental

shelves

The submerged portions of a continent or offshore

island, which slope gently seaward from the low waterline to a point where there is a substantial break in grade occurs, at which point the bottom slopes seaward at a considerable increase in slope until the great ocean depths are reached

Subsoil

This refers to everything beneath the surface soil and the seabed, including mineral and natural resources.

SUBSOIL SUBSOIL

OTHER SUBMARINE AREAS

They refer to all areas under the territorial sea which includes seamount, trough, trench, basin, deep, bank shoal and reef.

All other territories over which

the Philippines has sovereignty

or jurisdiction…

 THE PHILIPPINES’ CLAIM OVER SABBAH

 THE PHILIPPINES CLAIM OVER SPRATLY’S GROUP OF ISLANDS

Bases for the claim:



Historical Basis

The Sultanate of Sulu was granted the

territory as a prize for helping the Sultan of

Brunei against his enemies and from then

on that part of Borneo is recognized as part

of the Sultan of Sulu's sovereignty

Bases for the claim:

 LEGAL CLAIM BASIS

The claim was based on several historical facts and court judgement. The lease agreement is definitely a proof otherwise there will be no basis for any agreement if such ownership was not established at all. The contract was between Sri Paduka Maulana Al Sultan Mohammad Jamalul Alam - representing the sultanate as owner and sovereign of Sabah on one hand, and that of Gustavus Baron de Overbeck and Alfred Dent, representing the British East India Co. (then became the North Borneo Co.), on the other as lessee of Sabah, was executed on June 22, 1878. Though the British turned over the possession and government of Sabah to the federation, the Malaysians have not remissed in paying the annual rental.

PHILIPPINES’ CLAIM OVER THE SPRATLY

GROUP OF ISLANDS

Basis for the claim over the Spratly

Group of Islands

In 1947, Tomas Cloma, a Filipino adventurer and a fishing magnate, found several uninhabited and unoccupied group of islands/islets in the South China Sea This is the principal basis for justification of

Spratly islands territorial claims by the Philippines,

along with basis from 1982 UNCLOS archipelagic doctrine. On May 11, 1956, together with 40 men, Tomas and his brother Filemon took formal possession of the islands, lying some 380 miles west of the southern end of Palawan and named it Freedomland

Argument for the claim:

 Res nullius

Spratly Group of Island does not belong to any state when it was claimed by Thomas Cloma.

 Within the EEZ of the Philippines in accordance with the 1982 United Nation’s Conventions on the Laws of the Sea UNCLOS.