Territory of the Philippine Islands

1. Territory of the Philippine Islands
2. Treaty of Paris
3. 1987 Philippine Constitution
4. Definition
a. Internal waters
b. Territorial waters
c. Archipelagic waters
d. Contiguous zone
e. Exclusive Economic Zone (EEZs)
f. Continental shelf




1. Territory of the Philippine Islands

Territory is one of the four essential elements of the State. The other three are the People, Government and Sovereignty. It is the fixed portion of the surface of the earth inhabited by the people of the State. There is no requirement as to how big or small a State should be. So long as the components are present: the land mass, otherwise known as the terrestrial domain, the inland and external waters, which make up the maritime and fluvial domain, and the air space above the land and waters, which is called the aerial domain. Article III of the Treaty of Paris delineates the territory of the Philippine Islands as follows:

2. Treaty of Paris
Article III.
Spain cedes to the United States the archipelago known as the Philippine Islands, and comprehending the islands lying within the following line:
A line running from west to east along or near the twentieth parallel of north latitude, and through the middle of the navigable channel of Bachi, from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich, thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4 [degree symbol] 45']) north latitude, thence along the parallel of four degrees and forty five minutes (4 [degree symbol] 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich, thence along the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 [degree symbol] 40') north, thence along the parallel of latitude of seven degrees and forty minutes (7 [degree symbol] 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich, thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich, and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning.The United States will pay to Spain the sum of twenty million dollars ($20,000,000) within three months after the exchange of the ratifications of the present treaty.

3. 1987 Philippine Constitution

ARTICLE I
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.

4. Definition
a. Internal waters

Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters.

b. Territorial waters

Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource. 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. Fishing, polluting, weapons practice, and spying are not “innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security.

c. Archipelagic waters

The convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline will be Archipelagic Waters and included as part of the state's territorial waters.

d. Contiguous zone

Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baseline limit, the contiguous zone, in which a state could continue to enforce laws regarding activities such as smuggling or illegal immigration.

e. Exclusive Economic Zone (EEZs)

Generally a state's Exclusive Economic Zone extends to a distance of 200 nautical miles (370 km) out from its coast. The exception to this rule occurs when Exclusive Economic Zone would overlap; that is, state coastal baselines are less than 400 nautical miles apart. When an overlap occurs, it is up to the states to delineate the actual boundary. Generally, any point within an overlapping area defaults to the most proximate state.

The Exclusive Economic Zone starts at the coastal baseline and extends 200 nautical miles out into the sea, perpendicular to the baseline. Thus, the Exclusive Economic Zone overlaps both the contiguous zone and territorial waters. States also have rights to the seabed of the continental shelf up to 350 nautical miles from the coast, where this extends beyond the Exclusive Economic Zone, but this does not form part of their Exclusive Economic Zone.


Within this area, the coastal nation has sole exploitation rights over all natural resources. The Exclusive Economic Zone were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4000 metres deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables.

f. Continental shelf

The continental shelf is defined as the natural prolongation of the land territory to the continental margin’s outer edge, or 200 nautical miles from the coastal state’s baseline, whichever is greater. State’s continental shelf may exceed 200 nautical miles until the natural prolongation ends, but it may never exceed 350 nautical miles, or 100 nautical miles beyond 2,500 meter isobath, which is a line connecting the depth of 2,500 meters. Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others.
Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas, and also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction, through an International Seabed Authority.