Archipelagic Doctrine

February 4, 2019 | Author: Francis Sajonia | Category: Philippines, Sovereignty, International Relations, International Politics, Constitutional Law
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The Archipelagic Doctrine...

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ARCHIPELAGIC DOCTRINE

Subscribe via Em It is defined as all waters, around between and connecting different islands belonging to the Philippine Archipelago, irrespective of their width or dimension, are necessary appurtenances of its

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land territory, forming an integral part of the national or inland waters, subject to the exclusive sovereignty of the Philippines. It is found in the 2nd sentence of Article 1 of 1  of the 1987 Constitution. SUBMIT

It emphasizes the unity of the land and waters by defining an archipela go as group of islands surrounded by waters or a body of waters studded with islands. To emphasize unity, an imaginary single baseline is drawn around the island s by joining appropriate po i nt s of the ou o u termost i slands of  t he archi arc hi pelago pelago   with straight lines and all islands and waters en c lo sed within  t he baseli base li ne form p ar t of its  t erritor y. The main purpose of the archipelagic doctrine is to protect  the territorial interests of an archipelago, that is, the territorial integrity of the archipelago. Without it, there would be “pockets of high seas” seas ” between some of our islands and islets, thus foreign vessels would be able to pass through these “pockets of seas” and would have no jurisdiction over them. Accordingly, if we follow the old rule of 

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international law , it is possible that between islands, e.g. Bohol and Siquijor, due to the more than 24 mile distance between the 2 islands, there may be high seas. Thus, foreign vessels may just enter

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anytime at will, posing danger to the security of the State. However, applying the doctrine, even these

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bodies   of water within the baseline, regardless of breadth, form part of the archipelago and are thus bodies considered as internal waters.

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Following the Archipelagic Doctrine, the Spratlys Group of Islands is not part of  Philippine archipelago. It is too far to be included within the archipelagic lines encircling the internal waters of Philippine Archipelago. However, the SGI is part of  the Philippine territory because it was discovered by a Filipino seaman in the name of Vice ‐ Admiral Cloma who later renounced his claim over it in favor of the Republic of the Philippines. Subsequently, then Pres. Marcos issued a Presidential Decree constituting SGI as part of the Philippine territory and sending some of our armed forces to protect said island and maintain our sovereignty over it.

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Moreover,, Spratlys group of Islands is considered as part of our National Territory. Article I of the Moreover Constitution provides: “The national territory comprises the Philippine archipelago, x x x, and all other territories over which the Philippines has sovereignty or jurisdiction, x x x.” The Spratlys Group of islands falls under the second phrase “and all other territories over which the Philippines has sovereignty or jurisdiction”. It is part of our national territory because Philippine s exercise sovereignty (through election of public officials) over Spratlys Group of Islands

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