Omar Bennett
The Philippine Constitution defines an archipelago as a group of islands surrounded by waters, or a body of water studded with islands, that should be regarded as a single unit. This definition is enshrined in the 1987 Constitution and supported by the United Nations Convention on the Law of the Sea (UNCLOS). The Philippines is an archipelagic state, and its national territory comprises the Philippine archipelago, including all islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction. This definition plays a crucial role in determining the national territory of the Philippines and its territorial claims, particularly over its internal and archipelagic waters.
| Characteristics | Values |
|---|---|
| Definition of an archipelago | 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. |
| Definition of an archipelagic state | A state constituted wholly by one or more archipelagos and may include other islands. |
| Definition of an archipelagic doctrine | An archipelago is to be regarded as a single unit, such that the waters around, between, and connecting the islands of the archipelago, irrespective of their breadth and dimensions, form part of the internal waters of an archipelagic state, and are subject to its exclusive sovereignty. |
| Application of the archipelagic doctrine in the Philippines | The Philippines treats the archipelago and its surrounding waters as a unified whole. |
| Legal basis of the archipelagic doctrine in the Philippines | Article I (National Territory) of the 1987 Philippine Constitution, the United Nations Convention on the Law of the Sea (UNCLOS), and the Philippine Archipelagic Baselines Law (Republic Act No. 9522). |
| Importance of the archipelagic doctrine for the Philippines | The archipelagic doctrine ensures the territorial integrity of the Philippines by treating the country as a single geographic unit. |
| Examples of archipelagos in the Philippines | The Spratlys Group of Islands and the main Philippine archipelago. |
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What You'll Learn
The Philippines as an archipelagic state
The Philippines is an archipelagic state, defined as an island country that consists of one or more archipelagos. The Philippines is one of the original five sovereign states to be recognised as an archipelagic state, alongside Indonesia, Fiji, the Bahamas, and Papua New Guinea. The concept of an archipelagic state was first proposed in 1924 by Alejandro Alvarez, but it wasn't until the 1982 UN Convention on the Law of the Sea (UNCLOS) that the legal definition was established.
The Archipelagic Doctrine, enshrined in the 1987 Philippine Constitution, is a foundational principle in Philippine law that defines the country's national territory by treating the archipelago and its surrounding waters as a unified whole. This doctrine is essential for the Philippines to protect its territorial integrity and ensure it is regarded as a single geographic unit. The doctrine states that the waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, are subject to the exclusive sovereignty of the Philippines. This is in contrast to each island of the country only having its own territorial sea, which would allow the waters beyond to become international waters.
The Philippines' archipelagic status also gives it the right to draw straight baselines connecting the outermost points of its outermost islands. From these baselines, the breadth of its territorial sea, exclusive economic zone (EEZ), and continental shelf are measured. The waters within these baselines are classified as archipelagic waters, over which the Philippines exercises sovereignty. The EEZ was established by Presidential Decree in 1978, further expanding the country's jurisdiction over its maritime areas.
The Philippines' archipelagic status has been a crucial factor in territorial disputes with neighbouring countries. The Spratlys Group of Islands, for example, falls under the jurisdiction of the Philippines due to its election of public officials, even though it is too far to be included within the archipelagic lines.
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The archipelago as a single unit
The Philippines is an archipelagic state, meaning it is an island country that consists of one or more archipelagos. The country's national territory is defined by treating the archipelago and its surrounding waters as a unified whole. This is known as the Archipelagic Doctrine, which is enshrined in the 1987 Philippine Constitution and supported by the United Nations Convention on the Law of the Sea (UNCLOS).
The Archipelagic Doctrine states that the Philippines, as an archipelago, should be considered as a single unit for the purposes of defining its territorial boundaries. This means that 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 state. These internal waters, such as bays and rivers, and archipelagic waters are under the sovereignty of the Philippines.
The doctrine is important for the Philippines as it ensures that the country is considered a single geographic unit, strengthening its territorial integrity. Without this doctrine, each island of the country would only have its own territorial sea and corresponding maritime zones, allowing the waters beyond the territorial sea to become international waters. This would essentially break apart the archipelago into composite islands, fragmenting the nation and the state itself.
The Archipelagic Doctrine also plays a crucial role in determining the national territory of the Philippines, especially as it relates to its configuration as a collection of islands. It provides the legal basis for the country's territorial claims, particularly over its internal and archipelagic waters, while also framing the Philippines' rights and obligations under international law.
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The archipelago's internal and archipelagic waters
The Archipelagic Doctrine is a foundational principle in Philippine law that defines the country's national territory by treating the archipelago and its surrounding waters as a unified whole. The doctrine is enshrined in the 1987 Constitution and supported by UNCLOS, providing the legal basis for the Philippines' territorial claims, particularly over its internal and archipelagic waters.
The doctrine states that the Philippines, as an archipelago, should be considered a single unit for defining its territorial boundaries. This means that 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 state. These internal waters include bays and rivers, while the waters between the islands are considered archipelagic waters, all under the sovereignty of the Philippines.
The baselines of the Philippines are geodesic lines encircling the main archipelago, from which maritime entitlements are measured. The "Philippine Archipelagic Baselines Law" (Republic Act No. 9522) defines these baselines, harmonizing national law with UNCLOS and reaffirming the Archipelagic Doctrine. The law further clarifies the country's territorial limits and claims, ensuring that the Philippines is regarded as a single geographic unit, strengthening its territorial integrity.
The concept of an archipelagic state and the Archipelagic Doctrine is internationally recognized and supported by UNCLOS. The Philippines is a signatory to UNCLOS, which provides the legal framework for archipelagic states. The designation of an archipelagic state is defined by UNCLOS as a state wholly constituted by one or more archipelagos, with the waters between the islands considered sovereign archipelagic waters. This definition and the doctrine itself are crucial for the Philippines to protect its territorial interests and ensure the inseparable unity of its land and water domain.
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The country's territorial integrity
The Philippines is an archipelagic state, consisting of one or more archipelagos. The Archipelagic Doctrine, enshrined in the 1987 Philippine Constitution, is a foundational principle in Philippine law that defines the country's national territory by treating the archipelago and its surrounding waters as a unified whole. This doctrine plays a crucial role in determining the national territory of the Philippines, especially as it relates to its configuration as a collection of islands.
The doctrine treats the entire archipelago, including the sea separating the islands, as a unified territory, which means that internal waters (e.g., bays and rivers) and archipelagic waters (those between the islands) are under the sovereignty of the state. The doctrine ensures that the Philippines is considered as a single geographic unit, strengthening its territorial integrity. It also provides the legal basis for the Philippines' territorial claims, particularly over its internal and archipelagic waters, while framing the country's rights and obligations under international law.
The Archipelagic Doctrine is reflected in Part IV of the United Nations Convention on the Law of the Sea (UNCLOS) and is supported by the 1982 UN Convention on the Law of the Sea provisions. The Philippines is a signatory to UNCLOS, which provides the international legal framework for the concept of archipelagic states. The designation of an archipelagic state is legally defined by UNCLOS, and the Philippines is one of the five original sovereign states that obtained approval as an archipelagic state when it was signed in 1982.
The doctrine is important for the Philippines as it ensures the country is regarded as a single unit, preserving its territorial integrity. Without it, each island of the country would only have its own territorial sea and corresponding maritime zones, allowing the waters beyond the territorial sea to become international waters. The doctrine also allows the Philippines to exercise sovereignty over archipelagic waters and claim the resources within them, which has grown in importance over time.
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The archipelago's baselines
The Archipelagic Doctrine is a foundational principle in Philippine law that defines the country's national territory by treating the archipelago and its surrounding waters as a unified whole. The doctrine is enshrined in the 1987 Philippine Constitution, under Article I (National Territory), which states: "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, the subsoil, the insular shelves, and other submarine areas."
The doctrine treats the entire archipelago, including the sea separating the islands, as a unified territory, which means that internal waters (e.g., bays and rivers) and archipelagic waters (those between the islands) are under the sovereignty of the state. This is reflected in Part IV of the United Nations Convention on the Law of the Sea (UNCLOS) and enshrined in Article I of the Philippine Constitution. The Philippines is a signatory to UNCLOS, which provides the international legal framework for the concept of archipelagic states.
The baselines of the Philippines are the set of geodesic lines absolutely encircling the main Philippine archipelago from where the maritime entitlements of the country are measured. The baselines must enclose the main islands of the archipelago, and the enclosed water-to-land ratio must be "between 1:1 and 9:1". A total of 101 base points providing for 100 baselines were recognized under Republic Act 9522, also known as the Philippine Archipelagic Baselines Law. This act declares the Philippines an archipelagic state and uses the straight baselines method in delineating the national territory, optimizing and conforming to UNCLOS.
The straight baselines method replaced the previous method of delineating maritime boundaries, which was based on the Treaty of Paris lines. The new method became the most important step in safeguarding the country's maritime zones, consistent with its Constitution and national interest. As a result, the Philippines can draw straight baselines connecting the outermost points of its outermost islands, from which the breadth of its territorial sea, exclusive economic zone (EEZ), and continental shelf are measured. The waters within these baselines are classified as archipelagic waters over which the Philippines exercises sovereignty.
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Frequently asked questions
The Archipelagic Doctrine is a legal principle that defines the Philippines as a single unit, including the waters and islands that comprise the archipelago. This doctrine is enshrined in the Philippine Constitution and is supported by the United Nations Convention on the Law of the Sea (UNCLOS).
The doctrine is important as it ensures the territorial integrity of the Philippines by treating the archipelago as a unified territory. This means that internal and archipelagic waters are under the sovereignty of the state, strengthening the country's territorial claims.
The 1987 Philippine Constitution states, "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."
An archipelagic state is an island country that consists of one or more archipelagos. These states can designate the waters between the islands as sovereign archipelagic waters.
The Archipelagic Doctrine was first incorporated into the Philippine Constitution in 1973 and retained in the 1987 Constitution. The Philippines, along with Fiji, Indonesia, and Mauritius, played a key role in the development of this doctrine under international law, which was recognised in the 1982 UNCLOS.
