E. NATIONAL TERRITORY Flashcards
(24 cards)
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, subsoil, the insular around, between, and
connecting islands of the archipelago, regardless of their breadth and dimensions, form
part of the internal waters of the Philippines.
Article 1 (National Territory) Section 1
What are the Parts of the National Territory?
Aerial Domain
Terrestrial Domain
Fluvial or Maritime Domain
A belt of sea outwards from the baseline and up to 12 nautical miles beyond. The sovereignty of the coastal state over its territorial sea and the airspace above it as well as the seabed under is the same sovereignty over its land territory.
Territorial Sea
All waters (part of the sea, rivers, lakes, etc) landwards from the baseline of the territory. Sovereignty over these waters is the same in extent as sovereignty over land,
Internal Waters
it is not subject to the right of innocent passage by any foreign vessel.
Internal Waters
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.
Contiguous Zone
An area extending not more than 200 nautical miles beyond the baseline. The coastal state has the rights over the economic resources of the sea, seabed, subsoil – but does not affect the right of navigation and overflight of other states.
Exclusive Economic Zone/Patrimonial Sea
The seabed and subsoil of the submarine areas adjacent to the coastal state but outside the territorial sea, to a depth of 200 meters or beyond that limit to where the depth allows exploitation, and the seabed and subsoil areas adjacent to islands.
Continental Shelf
Passage that it not prejudicial to the peace, good order or security of the coastal state
or country.
Innocent Passage
All parts of the sea that are not included in the territorial sea or in the internal waters of a state.
High Seas
What are the Freedom in the High Seas?
- Freedom of navigation
- Freedom of overflight (civilian and military aircraft)
- Freedom of fishing (with duty to cooperate in taking measures to ensure conservation
and management of the living resources of the high seas) - Freedom to lay submarine cables and pipelines
- Freedom to construct artificial islands and structures
- Freedom of scientific research
Law of the Sea allows _______ of a foreign vessel when there is a good reason to believe that the ship or vessel has violated laws or regulations of a costal
state.
Hot Pursuit
the right of hot pursuit shall also apply to violations of
applicable laws and regulations of the coastal state in the exclusive economic zone
or the continental shelf including the safety zones of the shelf.
Mutatis Mutandis
Hot pursuit may be carried out only by ______, or any other ship or aircraft properly marked for that purpose.
Warships and Military Aircrafts
What are the Amicable Settlement Involving Territorial Dispute on the Seas and Other Bodies of Water?
- Peaceful settlement is compulsory under the Law of the Sea.
- Other alternatives in case of bilateral settlement:
a. International Tribunal for the Law of the Sea;
b. International Court of Justice; or
c. International Arbitral Tribunal
these are imaginary lines that serve as the basis of measuring maritime zones
by which a state has sovereignty or sovereign rights.
Baselines
Two Types of Baselines?
Normal Baselines
Straight Baselines
lines that follow the curves of the coasts.
Normal Baselines
straight lines connecting the outermost points on the coasts, giving definition to a state’s internal waters, and more applicable to
archipelagic states.
Straight Baselines
refers to the waters around, between and connecting the islands of the archipelago within the baselines subject to exclusive sovereignty.
Internal Waters
the belt of the sea located between the coast and internal waters of the coastal state on the one hand, and the high seas on the other extending up to 12 nautical miles from the low water mark; subject to exclusive sovereignty.
Territorial Sea
extends up to 12 nautical miles from the territorial sea. Although not part of the territory, the coastal state may exercise jurisdiction to prevent infringement of
customs, fiscal, immigration or sanitary laws.
Contiguous Zone
body of water extending up to 200 nautical miles,
within which the state may exercise sovereign rights to explore, exploit, conserve and
manage the natural resources.
Exclusive Economic Zone
What are the Methods to Determine Extent of National Territory?
Baselines
Internal Waters
Territorial Sea
Contiguous Zone
Exclusive Economic Zone