97277188 the national territory of the philippines 1

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ARTICLE 1 THE NATIONAL TERRITORY

The national territory comprises thePhilippine archipelago, with all the islands andwaters embraced therein, and all otherterritories over which the Philippines hassovereignty or jurisdiction, consisting of itsterrestrial, fluvial and aerial domains,including its territorial sea, the seabed, thesubsoil, the insular shelves, and othersubmarine 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 thePhilippines.


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The National Territory of the Philippines comprises thePhilippine Archipelago:

ARCHIPELAGO came from the Greek work PELAGOS

meaning sea. It has been defined as a sea or part of asea studded with islands, often synonymous withgroup of islands or large group of islands in anextensive body of water.


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How do we determine our

territorial boundaries?1. THE 12 MILE RULE

2. THE ARCHIPELAGIC PRINCIPLE

This concept is meant that an archipelago shall beregarded as a single unit, so that the waters around,between and connecting the islands of thearchipelago, irrespective of their breath and

dimensions, form part of the internal waters of thestate, subject to its exclusive sovereignty.


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The base line of the Philippine territory


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THREE DOMAINS OF THE TERRITORY OF

THE STATE

AERIAL DOMAIN

FLUVIAL DOMIAN

TERRESTRIALDOMAIN


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Terrestrial DomainThe terrestrial domain refers to the land mass,

which may be integrate or dismembered, or partly

bound by water or consist of one whole island. Itmay also be composed of several islands, like thePhilippines. It also includes all the resourcesattached to the land.


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AERIAL DOMAIN

This refers to the air space above the land andwaters of the State

The rules governing the high seas also apply to outer

space, which is considered res communes. Undercustomary international law, States have the right tolaunch satellites in orbit over the territorial space of otherStates.

The Outer Space Treaty, formally known as the Treatyon Principles Governing the Activities of States in theExploration and Use of Outer Space, including the Moonand Other Celestial Bodies, is a treaty that forms the basisof international space law.


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LAYER OF THE ATHMOSPHERE


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WHAT IS THE VERTICAL LIMIT OF

THE TERRITORY OF STATE?

The Krmn line

It lies at an altitude of 100 kilometers (62 mi) above theEarths sea level and is commonly used to define theboundary between the Earths atmosphere and outerspace.


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THE KARMAN LINE
http://en.wikipedia.org/wiki/File:Atmosphere_layers-en.svg


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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


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Internal waters

This include all bodies of waterlocated inside the baseline of theterritory including sea, lakes, rivers,

streams etc.


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Territorial Sea

Out to 12 nautical

miles from thebaseline, the coastalstate is free to set laws,regulate use, and useany resource.


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THE PRINCIPLE OF INNOCENT PASSAGE

Vessels were given the right of "innocent passage"through any territorial waters, with strategic straitsallowing the passage of military craft as "transitpassage", 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 andcontinuous manner, which is not prejudicial to thepeace, good order or the securityof the coastal state.


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THE EXCLUSIVE ECONOMIC ZONE (EZZ)

Extend 200 nautical

miles from the baseline.Within this area, the coastalnation has sole exploitationrights over all naturalresources. The EEZs wereintroduced to halt the

increasingly heated clashesover fishing rights, althoughoil was also becomingimportant.


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Sea BedThis refers to the land that holds the sea, lying beyond the

sea shore, including mineral and natural resources

SEA BED


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Insular shelves or continental

shelvesThe submerged portions of a continent or offshore

island, which slope gently seaward from the low waterline toa 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


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Insular shelves


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Subsoil

This refers to everything beneath the surface soil andthe seabed, including mineral and natural resources.

SUBSOIL

SUBSOIL


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OTHER SUBMARINE AREAS

They refer to all areas under the territorial sea whichincludes seamount, trough, trench, basin, deep, bankshoal and reef.


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Sea Mount


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Sea Trench and Deep


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Basins


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Sea Banks


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Shoals


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Reefs


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All other territories over which

the Philippines has sovereigntyor jurisdiction

THE PHILIPPINES CLAIM OVER SABBAH

THE PHILIPPINES CLAIM OVER SPRATLYS GROUPOF ISLANDS


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The claim over Sabbah


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Bases for the claim:Historical Basis

The Sultanate of Sulu was granted the

territory as a prize for helping the Sultan ofBrunei against his enemies and from thenon that part of Borneo is recognized as part

of the Sultan of Sulu's sovereignty.


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Bases for the claim: LEGAL CLAIM BASIS

The claim was based on several historical facts and courtjudgement. The lease agreement is definitely a proofotherwise there will be no basis for any agreement if suchownership was not established at all. The contract wasbetween Sri Paduka Maulana Al Sultan Mohammad

Jamalul Alam - representing the sultanate as owner andsovereign of Sabah on one hand, and that of GustavusBaron 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 andgovernment of Sabah to the federation, the Malaysianshave not remissed in paying the annual rental.


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PHILIPPINES CLAIM OVER THE SPRATLY

GROUP OF ISLANDS
http://4.bp.blogspot.com/-tFJkeJKzc2M/TebDBPVrfMI/AAAAAAAABTE/UKVSrlUmcBM/s1600/reedbank+West+Philippine+Sea%2C+Province+of+Palawan%2C+Philippines-736312.jpg


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http://4.bp.blogspot.com/-tFJkeJKzc2M/TebDBPVrfMI/AAAAAAAABTE/UKVSrlUmcBM/s1600/reedbank+West+Philippine+Sea%2C+Province+of+Palawan%2C+Philippines-736312.jpg


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Basis for the claim over the Spratly

Group of IslandsIn 1947, Tomas Cloma, a Filipino adventurer and

a fishing magnate, found several uninhabited andunoccupied group of islands/islets in the South China

Sea This is the principal basis for justification ofSpratly islands territorial claims by the Philippines,along with basis from 1982 UNCLOS archipelagicdoctrine. On May 11, 1956, together with 40 men,

Tomas and his brother Filemon took formal possessionof the islands, lying some 380 miles west of thesouthern end of Palawan and named it Freedomland
http://en.wikipedia.org/wiki/Islandshttp://en.wikipedia.org/wiki/South_China_Seahttp://en.wikipedia.org/wiki/South_China_Seahttp://en.wikipedia.org/wiki/Spratly_islandshttp://en.wikipedia.org/wiki/Philippineshttp://en.wikipedia.org/wiki/UNCLOShttp://en.wikipedia.org/wiki/UNCLOShttp://en.wikipedia.org/wiki/Philippineshttp://en.wikipedia.org/wiki/Spratly_islandshttp://en.wikipedia.org/wiki/Spratly_islandshttp://en.wikipedia.org/wiki/Spratly_islandshttp://en.wikipedia.org/wiki/South_China_Seahttp://en.wikipedia.org/wiki/South_China_Seahttp://en.wikipedia.org/wiki/South_China_Seahttp://en.wikipedia.org/wiki/South_China_Seahttp://en.wikipedia.org/wiki/South_China_Seahttp://en.wikipedia.org/wiki/Islands


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Argument for the claim: Res nullius

Spratly Group of Island does not belong to any statewhen it was claimed by Thomas Cloma.

Within the EEZ of the Philippines in accordance withthe 1982 United Nations Conventions on the Laws ofthe Sea UNCLOS.


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97277188 the national territory of the philippines 1

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