national territory

,

Luzon, Visayas

and Mindanao

It refers to the air space above

the territorial lands and waters

of the Philippines but excluding

the outer space.

*a. – the constitutional

provision on aerial domain is an

affirmation of the generally

accepted principle of international

law found in the international

Convention of Civil Aviation also

known as the Chicago Convention

where it established the principle

that states have the complete and

exclusive sovereignty over the air

space above the territory.

1. Freedom to fly across the territory without landing;

2. Freedom to land for non-traffic purposes

3. freedom to put down passengers, mail, and cargo

on the territory of the state whose nationality

aircraft possesses.

4. freedom to take on passengers, mail and cargo

destined for the territory of any other contracting

state; and

5. freedom to put down passengers, mail and cargo

from any such territory.

“the privilege to bring passengers and cargo from one country to the airline’s home country and then transit them to a third country and vice versa.”

- On September 26, 200 the Philippines entered into a new aviation agreement with Taiwan, which include the sixth air freedom.

*b. Outer Space- Outer space is

beyond the territorial sphere of state.

Thus, an orbiting satellite owned by a

state which is directly above the

territory of another state but outside

the pull of the earths gravity, does not

offend the territorial integrity of the

latter state.

It refers to internal or

national waters and external

or territorial waters, over

which the Philippines exercises jurisdiction.

a. International or

National Waters

a.1 Internal Water under the

Constitution

a.2 Archipelagic Waters under

International LawThe convention of the law of the Sea

recognizes the archipelago doctrine.

However waters within the archipelagic line

are not considered internal waters but

archipelagic waters. The term “archipelagic

waters” is a new concept under the

international law. A foreign merchant vessel

is not allowed to enter the archipelagic

waters of a state without its concept except

in the exercise of right of involuntary

entrance.

– right

of any foreign merchant vessel to navigate

through the territorial waters of a state for

purposes of traversing that sea without

entering internal waters, making for the

high seas from internal waters, as long as

it is not prejudicial to the peace, good

order or security of the coastal state.

is the right of any foreign

merchant vessel to enter the territorial

waters of a state in case of emergency

such as lack of provisions,

unseaworthtiness of the vessel, inclement

weather, pursuit of pirates, or other force

majeure.

Exclusive Economic Zone- exclusive right to

explore natural resources

Internal Waters- no right ofinvoluntary entrance orinnocent passage

External Waters-right of involuntary entrance/ right of innocent passage

Archipelagic Waters- no right of innocent passage but with right of involuntary entrance

Contiguous Zone-control necessary to prevent and punish infringement of its custom fiscal, immigration or sanitary regulation.

High Seas- Free to everybody common to all mankind

External Waters

Contiguous Zone (12 miles from outer limits of external waters)

Exclusive

Economic

Zone

b. External or Territorial Waters or Maritime Zone

Maritime zone refers to all waters seaward to a

line twelve (12) nautical miles (Twelve-Mile Limit

Rule) distant from the archipelagic baseline

over which the Philippines exercise jurisdiction.

These waters are located between the

archipelagic water and the territorial lands of the

Philippines, and the open sea or international

waters. Foreign merchant vessel can exercise

both rights of innocent passage and involuntary

entrance in the external waters of the

Philippines.

c. Twelve-Mile Contiguous Zone

It refers to all waters seaward to a line

twelve (12) nautical miles distant from the

outer limits of territorial waters, under

which the Philippines has control

necessary to prevent infringement of its

customs, fiscal, immigration or sanitary

regulations and punish infringement of

above regulations committed in its territory.

d. Two Hundred-Mile Exclusive Economic Zone

It refers to the area beyond and adjacent to the territorial sea, not to exceed 200 nautical miles from the baseline (archipelagic line), where the Philippines has an exclusive right to explore and

exploit natural resources found therein and limited jurisdiction over matters involving

customs, fiscal, health, safety and immigration laws and regulations.

e. International Waters, High

seas or Open Seas

It refers to the portion of the ocean, which

is beyond the territorial jurisdiction of any

country. Since antiquity up to the Middle

ages, it has been an accepted principle

thus the open sea is free to everybody

and like air it is common to all mankind.