Philippine Archipelago

To understand the extent of the territorial sea one must begin with the understanding of baselines. The baseline is the “low-water line along the coast as marked on a large scale charts officially recognized by the coastal state”.

There are two ways of drawing base line. The “normal baseline” is one drawn following the low-water line along the coast as marked on a large scale charts officially recognized by the coastal state. Archipelagic States, however, instead of following the normal baseline, have drawn “straight baseline”. Instead of following the sinuosities of the coast, straight lines are drawn connecting selected points on the coast without appreciable departure from general shape of coast.

Straight baseline method refers to imaginary straight lines are drawn joining the outermost points of outermost islands of the archipelago, enclosing an area the ratio of which should not be more than 9:1 (water to land); provided that the drawing of baselines shall not depart, to any appreciable extent, from the general configuration of the archipelago. The waters within the baselines shall be considered internal waters; while the breadth of the territorial sea shall then be measured from the baselines.

Archipelagic Water

Article 1 of the 1987 Constitution said: “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.” This assertion, together with the “straight baseline method” form the Archipelagic Doctrine.

Internal water refers to water within the baseline

Territorial sea means water outside the baseline extending up to 12 miles.

Contiguous Zone is the zone contiguous to territorial sea but it may not extend beyond 24 nautical miles from the baselines from which the breath of the territorial sea is measured.

Exclusive Economic Zone which extend to a distance of 200 nautical miles beyond and from the baselines from which the territorial sea is measured.

Legal status of the territorial sea, of the air space over the territorial sea and of its bed and subsoil.

1. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described as the territorial sea.

2. This sovereignty extends to the air space over the territorial sea as well as to its bed and subsoil.

3. The sovereignty over the territorial sea is exercised subject to this Convention and to other rules of international law. ( Part II, Art. II, Section 1 of the UN Convention on the Law of The Sea)