National Territory

National Territory  Necessity of constitutional provision

on National Territory:  1. Binding force of such provision under international law- with or without such provision, a State under International law has the unquestioned right to assert jurisdiction throughout the extent of its territory  2. Value of provision defining or national territory

National Territory of the Philippines  1. The Philippine archipelago with all

the islands & waters embraced therein  2.All other territories where the Philippines has sovereignty or jurisdiction  3. The terrestial fluvial,& aerial domains including the territorial sea, the seabed, the subsoil, the insural shelves & other submarine areas

National Territory  Definition of archipelago: “pelagos”

meaning sea. It is a sea or part of the sea studded with islands synonymous with island groups or a large group of islands in an extensive body of water as the sea.  Other territories over which the Philippines has juridiction:  1. Pending Philippine claim to Sabah etc.  2. Future claims by the Philippines to

National Territory  Included in the fluvial domains in the         

country: 1. territorial seas 2. the seabed 3. the subsoil 4. insular shelves 5. other submarine areas Three-fold division of navigable waters: 1. Inland or internal waters 2. Territorial sea 3. High or open seas

National Territory  The archipelagic concept or principle

of territoriality: The Philippines is a state composed of a number of islands  The archipelago shall be considered a single unit so that the waters around, between, and the islands of the archipelago irrespective of their breadth & dimension form part of the internal waters of the state subject otexclusive sovereignty

National Territory  The Philippine Position:  1. Fatal effect of the application of the

12 mile rule upon territorial integrity of the Philippines: dismemberment of the archipelago with the Sibuyan Sea separating the Visayas, & Mindanao Strait and the Sulu isolating Palawan from the rest of the archipelago  2.The Philippines a single nation and a united state  3. Archipelago principle fully recognized by UN Law of the Sea Convention