Mary Cindell Lynn B.

Pilapil

Effects of the possible disappearance of Yami Island The beautiful country of the Philippines consists of spectacular islands, each of these islands has their own paradise. Among of these islands is the Yami Island. Philippines is an archipelagic state, composed of more than 7000 islands. Archipelagic States, as defined, means a State constituted wholly by one or more archipelagos and may include other islands.1. Section 1 Article 1 of the Philippine 1987 Constitution defines the whole territory of the country and it reads:

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.
Yami Island of Batanes Island Group is the northernmost tip of the Philippine country2. Also, its modern name is Mavudis Island and is separated from Taiwan by the Bashi

1 2

UNCLOS Available at http://park.org/Philippines/centennial/history.htm

Chanel3. In Republic Act 3046, as amended by RA 5446, the island, with all other islands, is considered one of the baselines for the territorial sea of the Philippines. Baseline is the low-water line along the coast as marked on large scale charts officially recognized by the coastal State. The width of the territorial sea is measured from the baseline.4 In the case of archipelagic state, a straight baseline is drawn instead of the normal baseline. Paragraph 1 of Article 47 of the UNCLOS provides:

1. An archipelagic State may draw straight archipelagic baselines joining the outermost points of the outermost islands and drying reefs of the archipelago provided that within such baselines are included the main islands and an area in which the ratio of the area of the water to the area of the land, including atolls, is between 1 to 1 and 9 to 1.

Therefore, straight lines are drawn connecting selected points on the coast without appreciable departure from the general shape of the coast.5 Due to climate change, inevitably sea water continues to rise and submerged other islands in the continuing future. Climatologists admit that the meteorological effects of climate change cannot be adequately predicted for many areas. There is a general consensus, however, that any further global warming will bring with it a further sealevel rise. As a result, some island States might lose one of the basic requirements to be

Rosemary Rayfuse, W(h)ither Tuvalu? International Law and Disappearing State, available at http://ssrn.com/abstract=1412028.
4

Joaquin G. Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A Commentary, p23 (2009 Edition)
5

Id

a State: their own territory. 6 Yami Island is not so high in elevation hence making the island vulnerable of encroachment to the continuing rise of sea level due to climate change, very similar to the myth of Atlantis. The concept of disappearing state has been recognized since 1980s, the issue has far been dealt with predominantly involving climate and environmental refugees requiring relocation to protect them from rising waters (Rayfuse, 2009). How will, then, the rise of sea water affect the maritime zone and the territory of the Philippines taking into account that one of the points for the straight baseline will possible be taken out from the official map? International law relating to entitlement to maritime zones is set out in the 1982 Law of the Sea Convention. With the exception of deltaic baselines provided for in Article 7(2) and the outer boundary of the extended continental shelf which is arguably permanently fixed by operation of Article 76(9), the LOSC does not indicate whether the outer boundary of maritime zones moves as baselines or the low-water mark on which they are based move.7 The concept that maritime zones move as baseline moves, as an effect to this is the delimitation of maritime zones, is coined by the term ambulatory baseline. Hence, following the logic, all coastlines will be affected. Another legal question may be raised: Does the LOSC intended the baselines to be fixed or ambulatory in case of coastal regression? This is a legal question ought to be answered the soonest time possible because surely this issue of coastal regression on the

Lilian Yamamoto and Miguel Esteban, Atoll islands and climate change: disappearing States?, available at http://unu.edu/publications/articles/atoll-islands-and-climate-change-disappearing-states.html#info 7 Rosemary Rayfuse, W(h)ither Tuvalu? International Law and Disappearing State, available at http://ssrn.com/abstract=1412028.

baselines and the delimitation of maritime zones due to climate change was not contemplated by the framers of the LOSC in the 70s. However, there is no reason not to contemplate on these issues today considering the protracted climate change the world is experiencing. The imperative for this consideration is highlighted by the increasing evidence of both real and projected global sea level rise, the effects of which will be felt on coastlines everywhere, but most particularly where low-tide elevations, fringing reefs or islands have been used as baseline points, and especially in the case of island states.8 According to the International Law Expert, Alfred H.A. Soons, artificial conservation of coastline and islands through construction of shoreline protection, reinforcement, and sea defenses, is fully permitted under international law. However, as he notes, both the costs and the technical challenges associated with such projects may prove insurmountable.9 Commentators rejected the ambulatory view and adopted a new rule which is freezing the limits of maritime zones. Thus, where they were located at a certain moment in accordance with the general rules in force at the time.10 Freezing of the outer limits would significantly assist in the promotion and achievement of the LOSC objectives of peace, stability, certainty, fairness and efficiency in oceans governance.

8 9

Id. Barbara Kwiatkowska and Alfred H.A. Soons, Entitlement to Maritime Areas of Rocks Which Cannot Sustain Human Habitation or Economic Life of Their Own 21 Netherlands Yearbook of International Law 139-181, p 172. Retrieved from Rosemary Rayfuse available at http://ssrn.com/abstract=1412028. 10 Rosemary Rayfuse, W(h)ither Tuvalu? International Law and Disappearing State, available at http://ssrn.com/abstract=1412028.

Going back to the original issue of the Yami Island. Following the ambulatory perspective, the possible disappearance of Yami on the next century would result to a diminution of the Philippine territory, as stated in Sec1 Art1 of the Philippine Constitution, and delimitation of the maritime zones of the country. However, freezing the limits of the maritime zones would basically not affect the Philippine territory and the maritime zone if such event will happen in the continuing century. However, these are mere opinions and suggestions to the concurrent issue that the world is facing today. This event and this issue need a law to preserve peace and humanity. Ultimately, this calls for all people, regardless of race, to work together for the preservation of the one world that we have and to work against the protracted damage that each has contributed. This is part of our intergenerational responsibility.