archepelagic doctrine.docx

Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Content Standard:** Nonviolent Resolution/Management of Conflict and Peace **Performance Standard I:** Practice different ways of peaceful resolution / management of confl...

Name: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ **Content Standard:** Nonviolent Resolution/Management of Conflict and Peace **Performance Standard I:** Practice different ways of peaceful resolution / management of conflicts in the family, group, community, country, region, and the world **Competency:** Examine the effects of territorial and border conflicts on societal, political, economic, and peace-related aspects (LS5US -NM-PSI-JHS -23) **DFA-MANAMo 2022** Presidential Proclamation 316, signed by President Duterte on 14 September 2017 designated the Month of September each year as the Maritime and Archipelagic Nation Awareness Month (MANA Mo). MANA Mo encourages all Philippine government agencies and instrumentalities, including government-owned or -controlled corporations and local government units, as well as the private sector, to implement programs and activities that contribute to raising awareness about maritime and archipelagic issues. **Archipelagic Doctrine and the UNCLOS** The ***"Archipelagic Doctrine"*** is a legal principle wherein 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. 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. Gaining acceptance of this principle as a doctrine of international law was a struggle that took decades, with the Philippines leading the charge, in order to preserve the territorial integrity of the Philippine archipelago through the inseparable unity of the land and water domain. Without the archipelagic doctrine, each island of the country would only have its own territorial sea and corresponding maritime zones, with the effect of allowing the waters beyond the territorial sea to become international waters thus dismembering parts of the Philippines from each other due to the breadth of the waters interweaving our islands. The battle was fought by some of the best and the brightest of the Philippine foreign service, and luminaries, which shows that through the diplomatic efforts of the Philippines and other archipelagic states such as Indonesia, Fiji and Mauritius, the archipelagic doctrine overcame challenges and has earned its legal and international recognition in the UNCLOS. **Historical Context** During the First and Second Conferences of the United Nations on the Law of the Sea in 1958 and 1960, representatives of the Philippines and Indonesia, supported by a number of jurists, made of record their official proposal for recognition that an archipelagic State is composed of groups of islands, with the waters within the baselines as internal waters. Maritime states, however, resisted said claims as a threat to the mobility of their commercial, fishing and war vessels. Long before the 1958 United Nations Conference, the archipelagic principle had already been considered by a number of international institutions. There were suggestions that islands forming a State should be considered as a single unit. However, no final agreement was made on the issue. In effect, an archipelagic State does not exist in international law. **Philippine Policy Imperatives** Why was it crucial for the Philippines to be recognized as an archipelagic State? The Philippines is composed of more than 7,000 islands of different sizes and configurations, connected by straits, seas and other bodies of water of various breadth. Before the adoption of UNCLOS, it was universally accepted that States shall have a belt of territorial sea, with a breadth of 3 nautical miles. This was also known as the \"cannon-shot rule\"; the extent to which a State could control its coastal waters was largely based on the reach of its cannons on the shore. However, if this rule was adopted in the Law of the Sea Convention, the Philippines will have pockets of high seas between its islands, essentially breaking apart the archipelago into composite islands. **The Archipelagic Principles** To raise awareness on and get support for the archipelagic principle, Fiji, Indonesia, and the Philippines agreed on a joint proposal in a meeting in Manila in 1972. These principles were designed to accommodate not only the interests of archipelagic States but also other States and of the international community as a whole. They contain the definition of an archipelagic State, its rights over the waters of the archipelago, and the right of innocent passage for international navigation through the waters of the archipelago. - An archipelagic State, whose component islands and other natural features form an intrinsic geographical, economic and political entity, and historically have or may have been regarded as such, may draw straight baselines connecting outermost points of the outermost islands and drying reefs of the archipelago from which the extent of the territorial sea of the archipelagic State is or may be determined. - The waters within the baselines, regardless of their depth or distance from the coast, the sea-bed and the subsoil thereof, and the superjacent airspace, as well as all their resources, belong to, and are subject to the sovereignty of the archipelagic State. - Innocent passage of foreign vessels through the waters of the archipelagic State shall be allowed in accordance with its national legislation, having regard to the existing rules of international law. Such passage shall be through sealanes as may be designated for that purpose by the archipelagic State. **United Nations Convention on the Law of the Sea III** The issue of varying claims of territorial waters was raised in the UN in 1967 by [Arvid Pardo](https://en.wikipedia.org/wiki/Arvid_Pardo) of Malta, and in 1973 the *Third United Nations Conference on the Law of the Sea* convened in New York. In an attempt to reduce the possibility of groups of nation-states dominating the negotiations, the conference used a [consensus process](https://en.wikipedia.org/wiki/Consensus_decision-making) rather than majority vote. With more than 160 nations participating, the conference lasted until 1982. The resulting convention came into force on 16 November 1994, one year after the 60th state, Guyana, ratified the treaty. The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, [exclusive economic zones](https://en.wikipedia.org/wiki/Exclusive_economic_zones) (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes. The convention set the limit of various areas, measured from a carefully defined [baseline](https://en.wikipedia.org/wiki/Baseline_(sea)). (Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, [straight baselines](https://en.wikipedia.org/wiki/Straight_baselines) may be used.) The areas are as follows: - [Internal waters](https://en.wikipedia.org/wiki/Internal_waters): Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. A vessel in the high seas assumes jurisdiction under the internal laws of its flag state. - [Territorial sea](https://en.wikipedia.org/wiki/Territorial_sea): Up to 12 nautical miles (22 kilometers; 14 miles) from the baseline, the [coastal state](https://en.wikipedia.org/wiki/Coastal_state) is free to set laws, regulate the use, and use any resource; in essence, the coastal State enjoys Sovereign rights and sovereign jurisdiction within its territorial sea. Vessels were given the right of [innocent passage](https://en.wikipedia.org/wiki/Innocent_passage) through any territorial sea, with strategic straits allowing the passage of military craft as [transit passage](https://en.wikipedia.org/wiki/Transit_passage), in that naval vessels are allowed to maintain postures that would be illegal in the territorial sea. \"Innocent passage\" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not \"prejudicial to the peace, good order or the security\" of the coastal state. Fishing, polluting, weapons practice, and spying are not \"innocent\", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial sea, if doing so is essential for the protection of their security. - [Archipelagic waters](https://en.wikipedia.org/wiki/Archipelagic_waters): The convention set the definition of \"Archipelagic States\" in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated \"Archipelagic Waters\". The state has sovereignty over these waters mostly to the extent it has over internal waters, but subject to existing rights including traditional fishing rights of immediately adjacent states.[^\[18\]^](https://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Sea#cite_note-UNCLOS3-18) Foreign vessels have right of innocent passage through [archipelagic waters](https://en.wikipedia.org/wiki/Archipelagic_waters), but archipelagic states may limit innocent passage to designated sea lanes. - [Contiguous zone](https://en.wikipedia.org/wiki/Contiguous_zone): Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea [baseline](https://en.wikipedia.org/wiki/Baseline_(sea)) limit, the contiguous zone. Here a state can continue to enforce laws in four specific areas (customs, taxation, immigration, and pollution) if the infringement started or is about to occur within the state\'s territory or territorial waters.[^\[19\]^](https://en.wikipedia.org/wiki/United_Nations_Convention_on_the_Law_of_the_Sea#cite_note-19) This makes the contiguous zone a [hot pursuit](https://en.wikipedia.org/wiki/Hot_pursuit) area. - [Exclusive economic zones](https://en.wikipedia.org/wiki/Exclusive_economic_zone) **(EEZs)**: These extend 200 nmi (370 km; 230 mi) from the [baseline](https://en.wikipedia.org/wiki/Baseline_(sea)). Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although [oil](https://en.wikipedia.org/wiki/Petroleum) was also becoming important. The success of an offshore [oil platform](https://en.wikipedia.org/wiki/Oil_platform) in the [Gulf of Mexico](https://en.wikipedia.org/wiki/Gulf_of_Mexico) in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4,000 metres (13,000 ft) deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay [submarine pipes](https://en.wikipedia.org/wiki/Submarine_pipeline) and cables. - [Continental shelf](https://en.wikipedia.org/wiki/Continental_shelf): The continental shelf is defined as the [natural prolongation](https://en.wikipedia.org/wiki/Natural_prolongation) of the land territory to the [continental margin](https://en.wikipedia.org/wiki/Continental_margin)\'s outer edge, or 200 nautical miles (370 km) from the coastal state\'s baseline, whichever is greater. A state\'s continental shelf may exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may never exceed 350 nmi (650 km; 400 mi) from the baseline; nor may it exceed 100 nmi (190 km; 120 mi) beyond the 2,500 metres (8,200 ft) [isobath](https://en.wikipedia.org/wiki/Isobath) (the line connecting the depth of 2 500 m). Coastal states have the right to harvest mineral and non-living material in the subsoil of their continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources \"attached\" to the continental shelf, but not to creatures living in the [water column](https://en.wikipedia.org/wiki/Water_column) beyond the exclusive economic zone.