A.

What is Territory

Territory is the fixed portion of the surface of the earth inhabited by the people of the state. Territory as an element of a state means an area over which a state has effective control.

What does territory include? Territory includes land, maritime areas, airspace and outer space. Airspace o Each state has exclusive jurisdiction over the air above its territory. o The consent for transit must be obtained from the subject nation. o Aircrafts not engaged in international air service, shall have the right to make flights into or in transit non-stop across its territory and to make steps for non-traffic purposes without the necessity of obtaining prior permission and subject to the right of the State flown over to require landing. (Chicago Convention on International Civil Action)

Outerspace
o Sovereignty over airspace extends only until where outerspace begins. (50-100 miles from earth)

Different areas beyond the land territory

o Territorial Seas (12 N.mi from baseline) o Contiguous Zone (24 N.mi from baseline) o Exclusive Economic Zone/Patrimonial Sea (200 N.mi from baseline) o High seas (Waters beyond territorial sea)

Significance of Territory Control over territory is of the essence of a state (Las Palmas case). Certain rights and authority are exercised within the states territory.
1. States sovereignty is over its: o Land territory (and airspace above it) o Internal Waters (and airspace above it and seabed under it) o Archipelagic Waters( and airspace above it and seabed under it) o Territorial Sea (and airspace above it and seabed under it) 2. The coastal state has a right against innocent passage57 in its internal waters. 3. The coastal state exercises authority over the area (contiguous zone) to the extent necessary to prevent infringement of customs, fiscal, immigration or sanitation authority over its territorial waters or territory and to punish such infringement. 4. The coastal state has rights over the economic resources of the sea, seabed and subsoil.

Scope of Philippine National Territory Defined in Article I, Section 1. It includes: (1) The Philippine archipelago; (2) All other territories over which the Philippines has sovereignty or jurisdiction; (3) The territorial sea, seabed, subsoil, insular shelves and other submarine areas corresponding to (1) and (2). Moreover, (1) and (2) consist of terrestrial, fluvial and aerial domains.

Territories Covered under the Definition of Article 1 1. Those ceded to the US by virtue of the Treaty of Paris on December 10, 1898. 2. Those defined in the treaty concluded between the US and Spain (Treaty of Washington) on November 7, 1990, which were not defined in the Treaty of Paris, specifically the islands of Cagayan, Sulu and Sibuto. 3. Those defined in the treaty concluded on January 2, 1930, between the US and Great Britain (Treaty with Great Britain), specifically the Turtle and Mangsee islands. 4. The island of Batanes, which was covered under a general statement in the 1935 Constitution. 5. Those contemplated in the phrase belonging to the Philippines by historic right or legal title in the 1973 Constitution.

All other territories which the Philippines has sovereignty and jurisdiction. This includes any territory which presently belongs or might in the future belong to the Philippines through any of the internationally modes of acquiring territory. o Batanes islands o Those belonging to the Philippines by historic right or legal title (Sabah, the Marianas, Freedomland

A. Archipelago Archipelago is a body of water studded with islands.60 B. Archipelagic State Archipelagic state means a state constituted wholly by one or more archipelagos and may include other islands. (Article 46 (a) of UNCLOS)

Archipelagic Waters According to UNCLOS, Archipelagic waters refers to areas enclosed as internal waters by using the baseline method which had not been previously considered as internal waters. (See Article 53 of UNCLOS) Article 8(2) of UNCLOS: 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.

Purposes of Archipelagic Doctrine 1. Territorial Integrity 2. National Security 3. Economic reasons It is said that the purpose of archipelagic doctrine is to protect the territorial integrity of the archipelago. Without it, there would be pockets of high seas between some of our islands and islets, thus foreign vessels would be able to pass through these pockets of seas and would have no jurisdiction over them.