Discuss the Philippine position on the definition of its territorial sea.

The 1987 Phil. Constitution considers the waters connecting the islands as
internal waters. This seems to be in conflict with the established Law of the Sea
which considers internal waters created from the effects of the straight baseline
method as archipelagic waters. The difference is importance because the Law of
the Sea grants a right of innocent passage to such archipelagic waters; and no
such right is granted in internal waters. However, there is really no problem,
because the Convention on the Law of the Sea mentions that the new rule
applies only to “areas which had not previously been considered as internal
waters”. The 1973 Constitution predates the 1982 Convention. Also, upon
ratification of the Convention, the Philippines added a declaration that the
provisions of the Law of the Sea shall not impair the sovereignty of the Republic.

Discuss the consequences of State succession

As to territory:
1. When a state succeeds another state w/ respect to a particular territory, the
capacities, rights, etc are assumed by the successor state.
As to state property
1. part becomes terry of another: propty passes to successor state
2. state absorbed by another: propty passes to the absorbing state
3. part of state becomes separate state: propty passes to the new state
As to public debts
Gen Rule: remain w/ predecessor state
Except:
1. part becomes terry of another: debt relating to terry passes to successor
state
2. state absorbed by another: debt passes to the absorbing state
3. part of state becomes separate state: debt passes to the new state
As to treaties:
1. part becomes terry of another: treaty becomes applicable to successor
state
2. state absorbed by another: treaty becomes applicable to absorbing state
of state
3. part of state becomes separate state: treaty becomes applicable to
absorbing state
4. Pre-existing boundary & other territorial agreements continue to be
binding. This is the uti possidetis rule.

Discuss the Phil position on the relation between international law and
municipal law

The Philippines adheres to the Dualist theory which strongly emphasizes state
sovereignty—considers domestic and international law as 2 different spheres of
law; and considers state law superior to IL. The Constitution adopts the
generally accepted principles of IL as part of the law of the land. IL has the force
of domestic law and can be used by Phil courts to settle domestic disputes.
Discuss the modes of acquiring territories.
(D&O, P, C, C&S, A)
Discovery & Occupation occurs when undiscovered territory is discovered and
subsequently acquired. For such territory to be successfully acquired, the
territory must be in the nature of “terra nullius”—a territory which prior to
occupation belonged to no state or which had been abandoned by a prior
occupant. Discovery of terra nullius is not enough to establish sovereignty. It
must be accompanied by effective control (Las Palmas case).

Prescription requires effective control, but the object need not be terra nullius.
Thus the required length of effective control is longer. This may be negated bya
demonstrated lack of acquiescence by the occupant.

Cession is the acquisition of territory thru treaty. A treaty by a conqueror is

invalid.

Conquest is taking possession of a territory thru armed force. This is no longer

recognized as legal.

Accretion and avulsion constitute sovereignty by operation of nature. Accretion is

the gradual increase of territory by the action of nature. Avulsion is the sudden
change resulting for instance from the action of a volcano.

Principle of State Continuity

When a new state arises, there is a question as to what relation it has to the
predecessor state. The principle of state continuity suggests that successor
state assumes all the obligations & enjoys all the rights of the predecessor.

Methods of defining territorial sea

Cannon-shot rule
3 mile rule
12 mile rule

Doctrine of hot pursuit

Mutatis mutandis is the right of hot pursuit of a foreign vessel. It is allowed when:
1. good reason to believe that the ship violated laws of the coastal state
2. pursuit commences when vessel is w/in IW, AW, TW or contiguous zone of
the pursuing state
3. Pursuit not interrupted
4. If from the contiguous zone, it may be pursued only for violations of the
rights of the coastal state in the contiguous zone
5. It must stop as soon as vessel enters waters of a 3 rd state.
Territorial sea Up to 12 nau. mi. from baseline
- subj to right of passage
Internal waters All h2os landwards from baseline
-no right of innocent passage
Archipelagic waters h2os created from effect of straight baseline
method
-right of innocent passage exists
Bays Indentation containing land-locked waters
-more than a mere curvature of coast
Contiguous zone Not exceeding 24 nau mi from baseline
Excl econ zone/ Patrimonial Not more than 200 nau mi beyond baseline
sea
Continental (archipelagic) Seabed/ subsoil outside terr. sea.
shelf Depth: 200 m/ till expltn allowd
- installns w/ radius of 500 m: r2xplore
Deep Seabed Lie beyond any national jurisdiction
May not be appropriated
Islands Naturally formed area surrounded by H20
Above H20 at high tide
High Seas All parts that are not incl in Terr Sea/ internal
H20s

Steps: Making Treaties (N AA C EE) Grounds for invalidation of treaties

1. Negotiation 1. Error of fact
2. Adoption of txt (2/3 consent) 2. Fraud
3. Authentication of txt (signing) 3. Corruption
4. Consent to b bound (ratfn) 4. Duress
5. Exchange/ deposit 5. Violation of jus cogens
6. Entry into force of treaties (EF CD Vjc)

Elements of States (PTGS) Recognition of States (p9)

People 1. Declaratory theory
Territory 2. Constitutive theory
Govt
Sovereignty

6 freedoms (NOF LCS) Organs of the UN

1. Navigation 1. GA - General Assembly
2. Overflight 2. SC – Security council
3. Fishing 3. ECOSOC – Economic & Social
Council
4. Lay submarine cables/ pipes 4. TC –Trusteeship council
5. Construct artificial islands 5. ICJ - Intl Court of Justice
6. Sci. research 6. Secretariat