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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 Krmn line
It lies at an altitude of 100 kilometers (62 mi) above the
Earths sea level and is commonly used to define the
boundary between the Earths 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 SPRATLYS 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 Nations Conventions on the Laws of
the Sea UNCLOS.

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