The National Territory

The National Territory






Atty. Edmar Lerios

National Territory

The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all the 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. (Art. I, 1987 Constitution)

Territory

The territory of a State includes not only the land over which its jurisdiction extends, but also the rivers, lakes, bays, and airspace above it. The domain of a State therefore may be described as terrestrial, fluvial or maritime.

SCOPE (Terrestrial, Aerial, and Fluvial Domains)

The territorial domain includes properties of public dominion as well as properties of private ownership. Properties of public dominion include those for public use, those for public service, and those for the development of the national wealth. (Paras, International law and world politics, 1994, p. 257)

​The aerial domain of the Philippines includes the air directly above its terrestrial and fluvial domains. All the air that lies above our land territory and our water territory belongs to us, all the way up to outer space where there is no more air. The aerial domain extends up to where outer space begins, directly over our land and water territories. (Bernas, The 1987 Constitution of the Philippines A Commentary, 2009, p. 32)

Multiple Choice

A foreign aircraft is detected flying within the airspace directly above the Philippines’ territorial sea without prior clearance from the Philippine government. The aircraft’s country argues that it is in international airspace and does not need clearance. Based on the scope of the Philippines’ aerial domain, how should the Philippine government respond?

• The Philippines should assert that the foreign aircraft is within its aerial domain, as the airspace directly above its territorial sea is part of its sovereign territory, and therefore requires prior clearance to enter.

• The Philippines should acknowledge that the airspace above its territorial sea is considered international airspace, allowing the foreign aircraft to fly freely without clearance.

• The Philippines should negotiate for joint control over the airspace above its territorial sea, recognizing the shared interests of neighboring countries in managing this space.

The maritime or fluvial domain consists of rivers, lakes, bays, gulfs, straits, and canals. Theoretically, there are two (2) kinds of waters:

1. The internal or inland national waters (these are completely within the territory); and

2. The external or territorial or maritime waters (those found within the maritime or territorial zone, along the coastline). (Paras, International law and world politics, 1994, p. 258)

Multiple Choice

Which of the following best describes the aerial domain of the Philippines?

• The aerial domain of the Philippines includes the airspace directly above its terrestrial and fluvial domains, extending indefinitely upward without any limitations.

• The aerial domain of the Philippines includes the airspace directly above its land and water territories, extending up to where outer space begins, covering all the air above these territories.

• The aerial domain of the Philippines is confined to the lower atmosphere directly above its land territories, excluding the airspace above its maritime waters.

​Territorial Sea

The territorial sea is a belt of sea outwards from the baseline and up to 12 nautical miles beyond. The width of this territorial belt of water has been the subject of much disagreement. The original rule was the “cannon shot” rule, that is, the width of water was measured in terms of the range of shore-based artillery. Later this became the three-mile rule. The three-mile rule has now been discarded in favor of the twelve-mile rule now found in Article 3 of the 1982 Law of the Sea. (Art. 3, United Nations Convention on the Law of the Sea)

Outer Limit of the Territorial Sea

The outer limit of the territorial sea is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea. (Art. 4, United Nations Convention on the Law of the Sea)

Multiple Choice

Which of the following statements best captures the comprehensive scope of the Philippine national territory as defined in the 1987 Constitution and further elaborated by the concept of State territory?

• The Philippine national territory is limited to the land areas within its archipelago and excludes any bodies of water or airspace, as these are governed by international law.

• The Philippine national territory includes not only the archipelago’s land but also encompasses its internal waters, territorial sea, airspace, and all associated submarine areas, ensuring that all areas within this domain are under the full sovereignty and jurisdiction of the State.

• The Philippine national territory is confined to the land areas of the archipelago and internal waters between the islands, with no claim over the airspace or submarine areas, which are considered international zones.

Normal Baseline Method

Except where otherwise provided in this Convention, the normal baseline for measuring the breadth of the territorial sea is the low-water line along the coast as marked on large-scale charts officially recognized by the coastal State. (Art. 5, United Nations Convention on the Law of the Sea)

Reefs

In the case of islands situated on atolls or of islands having fringing reefs, the baseline for measuring the breadth of the territorial sea is the seaward low-water line of the reef, as shown by the appropriate symbol on charts officially recognized by the coastal State. (Art. 6, United Nations Convention on the Law of the Sea)

Straight Baseline Method

Consists of drawing straight lines connecting appropriate points on the coast without departing to any appreciable extent from the general direction of the coast, in order to delineate the internal waters from the territorial waters of an archipelago. (Art. 7[3], United Nations Convention on the Law of the Sea)

Multiple Choice

Which of the following methods is primarily used to determine the normal baseline for measuring the breadth of the territorial sea according to the United Nations Convention on the Law of the Sea?

• The straight baseline method, which involves drawing straight lines connecting appropriate points on the coast.

• The low-water line along the coast, as marked on large-scale charts officially recognized by the coastal State.

• The seaward high-water line of the reef, especially in the case of islands situated on atolls or with fringing reefs.

Multiple Choice

A coastal state uses a baseline method that deviates significantly from the general direction of its coast, claiming that this approach better protects its interests by maximizing its territorial sea. Another neighboring state objects, arguing that the baseline method should not deviate to such an extent. Based on the principles of the United Nations Convention on the Law of the Sea, how should the dispute be resolved?

• The coastal state is justified in using any baseline method it chooses, as the convention allows for flexibility to protect national interests.

• The coastal state must adhere to the straight baseline method, ensuring that the lines drawn do not depart to any appreciable extent from the general direction of the coast, as mandated by the convention.

• The neighboring state’s objection is irrelevant because the convention prioritizes the coastal state’s sovereignty in determining its baseline method.

Internal Waters

1. Except as provided in Part IV, waters on the landward side of the baseline of the territorial sea form part of the internal waters of the State.

2. Where the establishment of a straight baseline in accordance with the method set forth in Article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. (Art. 8, United Nations Convention on the Law of the Sea)

Contiguous Zone

The contiguous zone is an area of water not exceeding 24 nautical miles from the baseline. It thus extends 12 nautical miles from the edge of the territorial sea. The coastal state exercises authority over that area to the extent necessary to prevent infringement of its customs, fiscal, immigration or sanitation authority over its territorial waters or territory and to punish such infringement. (Art. 33, United Nations Convention on the Law of the Sea)

Archipelagic State

“Archipelagic State” means a State constituted wholly by one or more archipelagos and may include other islands.

Multiple Choice

The Philippines discovers a previously unknown underwater mountain range within its territorial sea, rich in mineral resources. A neighboring country claims that the range should fall under its jurisdiction, arguing that the Philippines’ claim is limited to land and surface waters, excluding underwater features. Based on the definition of national territory in the 1987 Constitution and related principles, how should the Philippines assert its claim?

• The Philippines should assert that the underwater mountain range is part of its national territory, as the Constitution includes not only land and surface waters but also the seabed, subsoil, insular shelves, and other submarine areas under its jurisdiction.

• The Philippines should negotiate with the neighboring country, as the Constitution does not explicitly mention underwater features within the national territory, making the claim debatable.

• The Philippines should concede the claim, as its national territory is limited to land areas and internal waters, excluding underwater formations beyond the surface.

Archipelago

“Archipelago” means a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic geographical, economic and political entity, or which historically have been regarded as such. (Art. 46, United Nations Convention on the Law of the Sea)

Archipelagic Baseline

An archipelagic State can establish straight baselines by connecting the outermost points of its islands and drying reefs, as long as these baselines enclose the main islands and an area with a specific ratio of water to land. The length of these baselines is generally limited to 100 nautical miles, with exceptions for a small percentage that can extend up to 125 nautical miles. The configuration of the baselines should reflect the overall shape of the archipelago and should not cut off another state’s territorial sea. If an archipelagic state’s waters lie between two neighboring states, the rights and interests of those states in those waters should be respected. The ratio of water to land includes areas within fringing reefs and enclosed oceanic plateaus. These baselines must be accurately depicted on charts or lists of geographical coordinates, which must be made publicly available and deposited with the United Nations Secretary-General. (Art. 47, United Nations Convention on the Law of the Sea)

Exclusive Economic Zone

The exclusive economic zone is an area beyond and adjacent to the territorial sea, subject to the specific legal regime established in this Part, under which the rights and jurisdiction of the coastal State and the rights and freedoms of other States are governed by the relevant provisions of this Convention. (Art. 55, United Nations Convention on the Law of the Sea)

Rights, Jurisdiction, and Duties of the Coastal State in the Exclusive Economic Zone

1. In the exclusive economic zone (EEZ), the coastal State has: (a) Sovereign rights to explore, exploit, conserve, and manage natural resources (both living and non-living) in the waters above the seabed, the seabed itself, and the subsoil. This includes activities like producing energy from water, currents, and wind. (b) Jurisdiction over: (i) creating and using artificial islands, installations, and structures; (ii) conducting marine scientific research; (iii) protecting and preserving the marine environment. (c) Other rights and responsibilities as outlined in this Convention.

2. When exercising its rights and fulfilling its duties in the EEZ, the coastal State must respect the rights and duties of other States and act according to the rules set out in this Convention. (Art. 56, United Nations Convention on the Law of the Sea)

Multiple Choice

Which of the following best describes the rights and jurisdiction of a coastal state within its Exclusive Economic Zone (EEZ) as defined by the United Nations Convention on the Law of the Sea?

• The coastal state has absolute sovereignty over the EEZ, allowing it to exclude all foreign activities without exception.

• The coastal state has sovereign rights primarily for exploring, exploiting, conserving, and managing natural resources, along with jurisdiction over artificial islands, marine scientific research, and environmental protection, while still respecting the rights and duties of other states under international law.

• The coastal state has limited rights in the EEZ, primarily focused on managing fishing activities, with no authority over non-living resources or the construction of artificial islands.

Breadth of EEZ

The exclusive economic zone shall not extend beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. (Art. 57, United Nations Convention on the Law of the Sea)

RIGHTS AND DUTIES OF OTHER STATES IN THE EXCLUSIVE ECONOMIC ZONE

1. In the exclusive economic zone (EEZ), all States, whether coastal or land-locked, have the freedom to navigate, fly over, and lay submarine cables and pipelines, as well as other lawful uses of the sea related to these activities, as long as they comply with this Convention.

2. Articles 88 to 115 and other relevant international laws apply to the EEZ unless they conflict with this Part.

3. When exercising their rights in the EEZ, States must respect the rights and duties of the coastal State and follow its laws and regulations, provided these are consistent with this Convention and international law. (Art. 58, United Nations Convention on the Law of the Sea)

Multiple Choice

Which of the following best describes the nature of internal waters as defined by the United Nations Convention on the Law of the Sea?

• Internal waters are the waters located on the seaward side of the baseline, forming part of the state’s contiguous zone and allowing for free passage of foreign vessels.

• Internal waters are the waters on the landward side of the baseline of the territorial sea, where the state exercises full sovereignty, subject to certain rights of innocent passage when newly enclosed by a straight baseline.

• Internal waters extend 24 nautical miles from the baseline, where the state can exercise limited control to prevent and punish infringement of its customs and immigration laws.

Multiple Choice

A coastal state establishes a new straight baseline that encloses an area of water previously considered as part of the territorial sea, now classifying it as internal waters. A foreign vessel attempts to pass through these waters, claiming a right of innocent passage under international law. How should the coastal state respond according to the United Nations Convention on the Law of the Sea?

• The coastal state should deny the vessel passage, as the waters are now internal and fully under the state’s sovereignty with no right of passage for foreign vessels.

• The coastal state should permit the passage, acknowledging the vessel’s right of innocent passage, as the newly enclosed waters had not previously been considered internal waters.

• The coastal state should require the vessel to obtain prior permission before passing through, balancing its sovereignty over internal waters with international law requirements.

Multiple Choice

Which of the following accurately describes the requirements for establishing archipelagic baselines according to the United Nations Convention on the Law of the Sea?

• An archipelagic state can establish baselines by connecting the outermost points of its islands, without any limitations on the length of these baselines, provided they do not cut off another state’s territorial sea.

• Archipelagic baselines can be drawn by connecting the outermost points of islands and drying reefs, with the baselines generally limited to 100 nautical miles, and exceptions up to 125 nautical miles, ensuring the configuration reflects the overall shape of the archipelago and does not cut off another state’s territorial sea.

• Archipelagic baselines are drawn by connecting any points within the archipelago, with no specific ratio of water to land required, and these baselines do not need to be published or deposited with the United Nations.

Multiple Choice

A new archipelagic state, composed of several islands and fringing reefs, seeks to establish its baselines under the United Nations Convention on the Law of the Sea. However, these baselines could potentially cut off the territorial sea of a neighboring state. How should the new archipelagic state proceed to ensure compliance with international law?

• The archipelagic state should proceed with establishing its baselines, regardless of the impact on the neighboring state, as long as the baselines reflect the general shape of the archipelago.

• The archipelagic state should modify its baseline configuration to avoid cutting off the neighboring state’s territorial sea, ensuring that the rights and interests of the neighboring state are respected.

• The archipelagic state should extend its baselines beyond 125 nautical miles to include all its islands and reefs, even if it cuts off the neighboring state’s territorial sea, as long as these baselines are deposited with the United Nations.

Multiple Choice

A coastal state discovers a rich deposit of underwater oil within its Exclusive Economic Zone (EEZ) and begins to exploit this resource. However, another state conducts marine scientific research in the same area without prior notification. How should the coastal state respond according to the United Nations Convention on the Law of the Sea?

• The coastal state should immediately demand the cessation of all foreign activities in its EEZ, as it holds absolute sovereignty over all activities within this zone.

• The coastal state should allow the research to continue, as the right to conduct scientific research in the EEZ is universally granted under international law, regardless of the coastal state’s sovereign rights.

• The coastal state should assert its jurisdiction and require the foreign state to obtain prior consent for conducting marine scientific research within its EEZ, while ensuring its actions respect the other state’s rights and duties under international law.

Multiple Choice

According to the United Nations Convention on the Law of the Sea, what is the maximum extent of a coastal state’s Exclusive Economic Zone (EEZ) from the baseline?

• 12 nautical miles

• 100 nautical miles

• 200 nautical miles

Multiple Choice

A coastal state within its 200-nautical-mile Exclusive Economic Zone (EEZ) notices that a foreign state is laying submarine cables without prior consultation. The foreign state argues that it has the right to lay cables under the freedoms of navigation and overflight as per Article 87 of the United Nations Convention on the Law of the Sea. How should the coastal state respond according to the Convention?

• The coastal state should immediately halt the activity, as the EEZ grants it full control over all activities within this zone, including the laying of submarine cables.

• The coastal state should allow the laying of submarine cables, as all states, including land-locked ones, enjoy the freedom to lay submarine cables within the EEZ without any obligations to the coastal state.

• The coastal state should require the foreign state to respect its jurisdiction by ensuring that the laying of submarine cables is conducted in compliance with the coastal state’s laws and regulations, while also acknowledging the foreign state’s right to such activities under international law.