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ARCHIPELAGIC

PHILIPPINES:
ISSUES AND CHALLENGES
PRESENTATION OUTLINE

• IMPERATIVES FOR DECLARING THE PHILIPPINES AS


AN ARCHIPELAGIC STATE

• PHILIPPINE EFFORTS FOR THE INTERNATIONAL


RECOGNITION OF THE ARCHIPELAGIC DOCTRINE

• IMPLICATIONS AND POTENTIAL BENEFITS OF THE


UNITED NATIONS CONVENTION ON THE LAW OF THE
SEA (UNCLOS)

• NEED TO HARMONIZE PHILIPPINE LAWS WITH


UNCLOS
POLICY IMPERATIVES
• FIRST, the Philippines is an archipelagic
state and an archipelago.
• 7,100 islands
• 31,800 km. coastline
• 62 of 71 provinces are coastal
POLICY IMPERATIVES
• SECOND, RP is geo-strategically located at the heart of
Southeast Asia.
• Lying between 21°5’N and 4°23’N, and 116°E and 127°E
• Surrounded by three prominent waters: the Pacific Ocean
on the East, the South China Sea on the West and North,
and Celebes Sea on the South

SOUTH PACIFIC
CHINA OCEAN
SEA

CELEBES
SEA
POLICY IMPERATIVES
• THIRD, the Philippines is at the crossroad
of major international navigational routes.
More than half of the world’s tankers –
estimated to contain 353.42 thousand
barrels of oil – pass every year through the
Straits of Malacca and Singapore and
Sunda and Lombok Straits, with majority
continuing on to the South China Sea
POLICY IMPERATIVES

• FOURTH, the waters Southwest


of the Philippines is a hotbed of
geological resources and
activity. There is a high potential
for the area to yield oil and gas.
POLICY IMPERATIVES
• FIFTH, the Philippines is the
CHINA TAIWAN “center of center ofSource: marine
TNC-SEACMPA

biodiversity”, having the


PACIFIC
highest in the OCEAN
world.
SOUTH
VIETNAM
CHINA • RPstraits
hosts a for
used greater part of the
SEA
Coral Triangle,
international which is an
navigation
ocean space as having the
highest degree of biological
diversity
CELEBES
SEA
MALAYSIA

INDONESIA

PAPUA
NEW GUINEA
BACKGROUND: PHILIPPINE PUSH FOR
RECOGNITION AS ARCHIPELAGIC STATE
Historical fact prior to the Archipelagic State Principle
“Archipelagic state” did not exist in
international law
RP coined & pioneered the development of
“archipelagic doctrine”
INTERNATIONAL RECOGNITION OF THE
“ARCHIPELAGIC DOCTRINE”
Minister of State Arturo M.
Tolentino
Head of the Philippine
Delegation
3RD UNCLOS ‘82 (Montego
Bay, Jamaica)

“The Philippines advanced the


archipelago principle as early as 1956
and we have established it in our
national legislation. We are therefore
happy that the archipelago principle
has finally been recognized and
accepted as part of public international
law.”
INTERNATIONAL RECOGNITION OF THE
“ARCHIPELAGIC DOCTRINE”
THE PHILIPPINES IS A SIGNATORY AND PARTY TO
THE 1982 UNITED NATIONS CONVENTION ON THE
LAW OF THE SEA (UNCLOS); SIGNED 10 DECEMBER
1982 AND RATIFIED 27 FEBRUARY 1984

Former Solicitor-
General Estelito
Mendoza
PHILIPPINES PROJECTED MARITIME REGIMES

Baselines 1982 UNCLOS

Archipelagic
Waters
Territorial Sea
(12 M)

Contiguous Zone
(24 M)

EEZ (200 M)

Juridical
Continental
Shelf (200 M)
Extended
Continental
Shelf
(Theoretical at
350 M)

Basemap c/o NAMRIA


POTENTIAL RESOURCES UNDER UNCLOS
Aquaculture, seaweed farming… …marine biodiversity for
a leading industry in pharmaceuticals…
both developed & developing
economies

Oil,gas & mineral


resources
as source of clean and
sustainable energy
BASELINES LAW
Republic Act No. 3046 Baselines
(Jun 1961)
amended by
Republic Act No. 5446
(Sep 1968)
HARMONIZE RP BASELINES SYSTEM W/ UNCLOS
Article 47 (2), Part IV, UNCLOS
Baselines
Law (RA Archipelagic Baselines
5446)

The length of such baselines shall


not exceed 100 nautical miles,
except that up to 3 per cent of the
total number of baselines enclosing
any archipelago may exceed that
length,
MORO up to a maximum length of
GULF
125 nautical miles.
140 nm.
POCKETS OF HIGH SEAS

Illustrated
3nm from
coast

Pockets
of high Pockets of
seas high seas
MAP OF WCPFC AREA
OPTION 1
Enclosing
Baselines
Main
Archipelago & EEZ (200 nm)

Scarborough Regime of
Shoal; KIG as Islands

Regime of
Islands
OPTION 2
Enclosing Main
Baselines
Archipelago only;
Scarborough EEZ (200 nm)

Shoal & KIG as Regime of


Regime of Islands Islands
OPTION 3
Enclosing
Baselines
Main
Archipelago & EEZ (200 nm)

KIG; Regime of
Scarborough Islands

Shoal as
Regime of
Islands
OPTION 4
Enclosing
Baselines
Main
Archipelago, EEZ (200 nm)

Scarborough
Shoal & KIG
OPTIONS 1, 3 & 4 Article 47 (3), Part IV,
UNCLOS
OPTION 3 Archipelagic Baselines
Baselines
The drawing of such
Regime of
Islands baselines shall not
depart to any appreciable
extent from the general
configuration of the
archipelago.

OPTION 1 OPTION 4
KIG BASEPOINTS
Basepoints
PHILIPPINES
UNOCCUPIED
PD 1596
Occupied by
Foreign
Countries
Northeast Cay
VIETNAM Southwest Cay
CHINA
MALAYSIA
Flat Island
Iroquois Reef

Discovery
Great Reef
Fiery Cross
Reef
Sabina Shoal

West
Reef

Commodore Reef

Investigator Shoal
Amboynas Cay Mariveles Reef
BASELINE SYSTEM (“OPTION 2”)
Enclosing Main Baselines
Archipelago only;
EEZ (200 nm)
Scarborough
Shoal & KIG as Regime of
Islands
Regime of Islands
ARCHIPELAGIC BASELINES BILLS - 2 VERSIONS
CONGRESSSIONAL POSITION EXECUTIVE POSITION
Enclosing Main Archipelago, Enclosing Main Archipelago;
Scarborough Shoal & KIG Scarborough Shoal & KIG
as Regime of Islands
THANK YOU