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Territorial Intigrity

The document outlines the concept of national territory in the Philippines, encompassing its archipelago, internal waters, and maritime zones, including territorial seas and exclusive economic zones. It details various forms of territorial acquisition, such as discovery, cession, and conquest, as well as the legal frameworks governing airspace and outer space. Additionally, it discusses international treaties related to maritime and aerial jurisdiction, emphasizing the rights and responsibilities of nations over their respective territories.

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11 views3 pages

Territorial Intigrity

The document outlines the concept of national territory in the Philippines, encompassing its archipelago, internal waters, and maritime zones, including territorial seas and exclusive economic zones. It details various forms of territorial acquisition, such as discovery, cession, and conquest, as well as the legal frameworks governing airspace and outer space. Additionally, it discusses international treaties related to maritime and aerial jurisdiction, emphasizing the rights and responsibilities of nations over their respective territories.

Uploaded by

roy satore satore
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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A.

NATIONAL TERRITORY

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 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.

National Territory refers to a specific geographical area that holds significance for
a nation, often linked to shared history, identity, and belonging. It plays a central
role in nationalist discourses, conflicts, and the construction of nationhood.

B. Land Territory

A territory is land that a person or government protects from intruders or


outsiders. Some territories have defined boundaries like a nation, province, or
city, while others, like a neighborhood, may not. The people living in a particular
territory often share similar traits, like ethnicity, culture, or religion.

1. The right of discovery and occupation authorized settlers to acquire land on a


large scale through various forms of dispossession of indigenous peoples and
violation of their rights and livelihoods.

2. Prescription, in international law, is sovereignty transfer of a territory by the


open encroachment by the new sovereign upon the territory for a prolonged
period of time, acting as the sovereign, without protest or other contest by the
original sovereign.

3. Cession is when one nation voluntarily gives up territory to another, typically


via a treaty or sale. The cession may be the result of a dispute or conflict
settlement. Examples from the United States, include the Louisiana Purchase
from France and the Gadsden Purchase from Mexico.

4. conquest, in international law, the acquisition of territory through force,


especially by a victorious state in a war at the expense of a defeated state . An
effective conquest takes place when physical appropriation of territory
(annexation) is followed by “subjugation” (i.e., the legal process of transferring
title).

5. Accretion is when a state's territory increases by natural processes, such as


deposits from rivers or volcanic eruptions. Cession is when one nation
voluntarily gives up territory to another, typically via a treaty or sale. The
cession may be the result of a dispute or conflict settlement.

C. Maritime Territory

i. The United Nations Convention on the Law of the Sea was adopted in 1982.
It lays down a comprehensive regime of law and order in the world's oceans and
seas establishing rules governing all uses of the oceans and their resources.
ii. Internal waters 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. "

a. The Thalweg Doctrine, a part of International Law, aims to resolve


water boundary disputes. According to this doctrine, the boundary
between two states divided by a flowing body of water may be drawn
along the thalweg, which is the line of the greatest depth of the
channel.
b. Middle of the Bridge Doctrine Where there is a bridge over a boundary
river, the boundary line is the middle or center of the bridge.

iii. The archipelagic doctrine defines the waters around, between, and connecting
the different islands of the Philippine archipelago as integral parts of Philippine
territory subject to its exclusive sovereignty, regardless of the width or
dimensions of these waters.

iv. This method consists of selecting appropriate points on the low-water mark
and drawing straight lines between them. This passage seems to imply that
'the general direction of the coast' provides the principle governing the
baseline; and that the straight baseline method is a result of the application of
this principle.

v. The territorial sea extends to a limit of 12 nautical miles from the baseline of a
coastal State. Within this zone, the coastal State exercises full sovereignty
over the air space above the sea and over the seabed and subsoil.

vi. In its contiguous zone, a coastal State may exercise the control necessary to
prevent the infringement of its customs, fiscal, immigration, or sanitary laws
and regulations within its territory or territorial sea, and punish infringement
of those laws and regulations committed within its territory or territorial sea.

vii. An “exclusive economic zone,” or “EEZ” is an area of the ocean, generally


extending 200 nautical miles (230 miles) beyond a nation's territorial sea,
within which a coastal nation has jurisdiction over both living and nonliving
resources.

viii. The high seas are defined by international law as all parts of the ocean that
aren't included in the exclusive economic zone, the territorial sea, or the
internal waters of a country, or in the archipelagic waters of an archipelagic
country.

The high seas are the maritime area that lies beyond the areas under the
jurisdiction of States. Beyond that and up to 200 miles (370 km) lies the EEZ
or Exclusive Economic Zone. In this maritime space, the coastal state may
exploit and use the water, seabed and substratum resources as it sees fit.

D. Air Space

air space, in international law, the space above a particular national territory,
treated as belonging to the government controlling the territory. It does not
include outer space, which, under the Outer Space Treaty of 1967, is declared to
be free and not subject to national appropriation.

i. The Convention establishes rules of airspace, aircraft registration and


safety, and details the rights of the signatories in relation to air travel; it
also exempts air fuels from tax. The Convention was signed by 52 states
on 7 December 1944 in Chicago, Illinois, U.S., and came into effect on 4
April 1947.

ii. The 1967 Outer Space Treaty bans the stationing of weapons of mass
destruction (WMD) in outer space, prohibits military activities on celestial
bodies, and details legally binding rules governing the peaceful exploration
and use of space. The treaty entered into force Oct.

The Outer Space Treaty covers the prohibition of weapons in space, the
peaceful nature of space exploration, and the obligation to avoid
contamination of space, but it does not establish protocols for astronauts
who die in space.

iii. The terms 'extraterritoriality' and 'extraterritorial jurisdiction' refer to the


competence of a State to make, apply and enforce rules of conduct in
respect of persons, property or events beyond its territory. Such
competence may be exercised by way of prescription, adjudication or
enforcement.

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