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? 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. 1.

The base line of the Philippine territory

THREE DOMAINS OF THE TERRITORY OF THE STATE AERIAL DOMAIN TERRESTRIAL DOMAIN FLUVIAL DOMIAN

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.

LAYER OF THE ATHMOSPHERE

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.

THE KARMAN LINE

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 7. Other submarine areas

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 important.

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

SEA BED

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

Insular shelves

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.

Sea Mount

Sea Trench and Deep

Basins

Sea Banks

Shoals

Reefs

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

The claim over Sabbah

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.