MIDTERM EXAM 2019

POLITICAL LAW REVIEW

1) ARTICLE 1 - 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.

2) ARCHIPELAGIC DOCTRINE

Under this doctrine, the Philippine Archipelago is considered as one integrated

unit instead of being divided into more than 7,000 islands. This assertion, together
with the application of the “Straight base line method”, is what is referred to as the
Archipelagic Doctrine.

By using this method, the outermost points of our archipelago are connected
with straight baselines and all waters inside the baselines are considered as internal
waters.

Hence, the waters around, between and connecting the island archipelago,
regardless of their breadth and dimensions, form part of the internal waters of the
Philippines.

Internal Waters under the Archipelagic Doctrine are the large bodies of
water connecting the islands of the archipelago such as the Mindanao Sea, the Sulu
Sea and the Sibuyan Sea, are considered by the Philippines as part of its internal
waters, just like the rivers and lakes found within the islands themselves.

Under the Concept of Association, two states of unequal power voluntarily

establish durable links. One state, called as associate, delegates certain
responsibilities to the other, while another state, called as the principal, maintains its
international status as state.

Our present constitution does not recognize this concept which implies powers
that go beyond anything ever granted by the constitution to any local or regional
government, and which also implies the recognition of the associated entity as a
state.

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In international practice, the associated state arrangement has usually been

used as a transitional device of former colonies on their way to full independence.

Territorial sea or maritime belt is that portion of sea adjacent to the coast of
a state which is under its jurisdictional belt.

Breadth or width of the territorial sea is 12 nautical miles from the low water
mark, or in the case of archipelagic states, from the baselines.

Internal waters are waters on landmark side of the baselines from which the
breadth of the territorial sea is calculated.
a. Rivers
b. Bays and gulfs
c. Straits
d. Canals

Archipelagic waters are the waters around, between and connecting the
islands of the archipelago, regardless of their breadth and dimensions from part of
the internal waters of the Philippines.

High seas or Open seas are part of the sea which is not included in the
territorial sea or in the internal waters of any state.

Territorium Nullius means territory of no one, a territory which is the land of

no state.

Right of Innocent passage

1. A ship or ship of other states enjoy the right of innocent passage through
the territorial sea.
2. Foreign vessels have no right of innocent passage through the internal
waters.

The Freedom of the Seas means that no part of the sea, as such, can be
subjected to the sovereignty of any state. It cannot therefore be incorporated into the
territory of any state through occupation.

They are open and available to the use of all states for a variety of peaceful
purposes.

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Freedom of navigation refers to the right to sail ships on the high seas,
subject only to international law and the laws of the flag state.

Contiguous Zone is the zone extending up to 12 nautical miles from the

territorial sea. Although it is technically not a part of the territory of the state, the
coastal state may exercise limited jurisdiction over the contiguous zone as a
preventive measure to insure that customs laws immigration and sanitary laws are
properly and effectively enforced.

Exclusive Economic Zone is the zone which extends up to 200 miles from
the low water mark or the baselines as the case may be.

Rights of the Coastal state over the exclusive Economic Zone

1. Right
of innocent passage
2. Sovereign rights over economic resources of the sea, seabed, subsoil.
3. Other states shall have freedom of navigation and over flight to lay
submarine cables and proper lines and other lawful uses.

Continental Shelf is the sea bed and subsoil of the submarine areas that
extend beyond its territorial sea throughout the natural prolongation of its land
territory to the outer edge of the continental margin, or to a distance of 200 miles
from the baselines from which the territorial sea is measured where the outer edge
of the continental margin does not extend up to that distance.

The coastal state enjoys the right of exploitation of oil deposits and other
resources in the continental shelf.

Scarborough Shoal- Part of Phil EEZ.

3) SABAH CLAIM