LEGAL BASIS OF

INTERNATIONAL RELATIONS
THE CONTEMPORARY WORLD (GEC 8)
Sir Arnold C. Eugenio
Social Sciences and Humanities Department
College of Arts and Sciences
LEARNING OUTCOMES

At the end of this lesson, you should be able to:

1. Know the simple philosophies of international law;
2. Identify the international customs and obligations; and
3. Know the complete concepts of treaties.
LEARNING ACTIVITIES

Asynchronous Discussion: On the canvas tab “Assignment”, Legal Basis of

International Relations, do the assigned task to further understand the concepts
discussed here
Reference: A Course Module for The Contemporary World (Nephtaly Joel B.
Botor, Eric Paul D. Peralta, Raphael M. Ferrer, Jennifer Marie S. Amparo, Teri-
Marie P. Laude)
“There are both things in international law: the principle of territorial integrity and right to self-
determination.”
~ Vladimir Putin
 
“The Philippines renounces war as an instrument of national policy, adopts the generally accepted
principles of international law as part of the law of the land and adheres to the policy of peace,
equality, justice, freedom, cooperation, and amity with all nations.”
~ Section 2, Article II, 1987 Phil. Constitution
 
“28 They answered, “We saw clearly that the Lord was with you; so we said, ‘There ought to be a sworn
agreement between us’—between us and you. Let us make a treaty with you 29 that you will do us no
harm, just as we did not harm you but always treated you well and sent you away peacefully. And now
you are blessed by the Lord.”
~ Genesis 26: 28-29
 GENERAL PRINCIPLES OF INTERNATIONAL
LAW
INTERNATIONAL LAW AND NATIONAL LAW
International law controls the relations
of nation-states and international
individuals. It is resulting from the
treaties, international customs, and the On the other hand, national (domestic or
municipal) law controls the relations of
general philosophies of law. If conflict
individuals among themselves or within
arises, it is fixed through state to state the state. It consists of legislative
resolutions enactments, executive orders, and
jurisprudence. If there is a conflict, the
same is resolved through the local,
administrative, and/or judicial processes.
DEFINITION OF TERMS

• International Law – laws that regulate National Law – laws that regulate
the relations of states and individuals among themselves or
within the state (sometimes called
international persons domestic/municipal law)

Treaty – an international agreement conducted between

states, in written form and governed by international law,
whether embodied in a single instrument or in two or more
related instruments, whether its particular designation
(Article 2(1)(a), Vienna Convention of Law on Treaties)
 HOW DOES INTERNATIONAL LAW BECOME A
PART OF THE LAW OF THE STATE?
There are two known doctrines of adoption: doctrine of incorporation and
doctrine of transformation.
Doctrine of Transformation – this requires the
Doctrine of Incorporation – this is mainly based on
enactment by the legislative body of such international
Section 2, Art. II of the 1987 Constitution which states
law principles as are sought to be part of municipal law
that:
(Coquia & Defensor-Santiago, 2005). This doctrine
“x x x the Philippines adopts the generally accepted
must be related to the power of the President to enter
principles of international law as part of the law of the
into treaties wherein rule and principles embodied in
land.”
said treaties would be transformed into Philippine law
Thus, the generally accepted principles of
and would become valid and effective upon the
international law are recognized as part of the
concurrence of two-thirds (2/3) of all the members of
Philippines’ national laws because of its membership
the Senate (Sec. 21, Art. VII, 1987 Constitution)
in the family of nations.
According to Section 7, Art. II of the 1987 Philippine Constitution,
“The State shall pursue an independent foreign policy. In its relations
with other states, the paramount consideration shall be national
sovereignty, territorial integrity, national interest, and the right to self-
determination.” This means that the Philippines being a sovereign
state must have an independent foreign policy in its dealing with other
states or countries and the ultimate consideration must be our
national sovereignty, territorial integrity, national interest, and our right
to self-determination.
 INTERNATIONAL CONVENTIONS AND
INTERNATIONAL CUSTOMS
International Conventions are international agreements
concluded between states, in written form, and governed by
international law, embodied either in a single instrument or in
two or more related instruments and whatever its particular
designation (Art. 2(1)(a), Vienna Convention on Law of
Treaties).
International Customs or customary law, consists of
rules of law resulting from the consistent behavior of
states, acting out of the belief that the law required them
to act that way (Aust, 2010). However, for a custom to
be reckoned as an international custom, two features
must be existing: state practice and opinio juris sive
necessitates (opinion of law or necessity).

Mutual Defense Treaty signed on 30 August 1959; Visiting Forces

Agreement signed on 10 February 1998; and RP-US Extradition Treaty
signed on 13 November 1995 are some of the examples of bilateral
treaties entered into by the Philippines and the United States

The Philippines also entered into multilateral treaties or conventions with two or more states. UNCLOS or United Nations
Convention on the Law of the Sea in 1982, International Convention on Civil and Political Rights, Rome Statute of the
International Criminal Court, and Convention on the Prevention and Punishment of the Crime of Genocide are some examples.
There must be evidence of substantial uniformity of practice by a substantial number of states to be
considered a state practice (Aust, 2010). In the case of North Sea Continental Shelf Cases (Germany v.
Denmark, ICJ, 1969), what is required is that:
“x x x within the period in question, short though it might be, State practice, including that of States whose
interests are specifically affected, should have been both extensive and virtually uniform.”
Proof of state practice are as follows: administrative acts, legislation, court decisions, historical records,
and international stage activities.

Opinio juris sive necessitates states the belief that the given practice is rendered obligatory by the existence
of a rule requiring it. Consequently, the states concerned must feel that they are conforming to what amounts
to a legal obligation (North Sea Continental Shelf Cases) (Germany v. Denmark, ICJ, 1969).
 KINDS OF INTERNATIONAL CUSTOMS ARE:
REGIONAL CUSTOM AND SPECIAL OR LOCAL CUSTOM
Regional custom is a practice among
states within a particular area of the world
which can be sufficiently well-established
and accepted as law that is binding among
the states of that region but not elsewhere
(Epps & Graham, 2011).
A special custom, on the other hand, is a
long-continued practice between two
states, accepted by them as regulating
their relations that form the basis of mutual
rights and obligations (Right of Passage
Case [Portugal v. India], ICJ, 1960).
 JUS COGENS AND OBLIGATIONS ERGA
OMNES
Jus Cogens (Compelling Law) is another category of international customs which refer to the
norms that command peremptory authority, superseding conflicting treaties and customs
which can neither be derogated nor modified, except by a norm or similar character (Vinuya v.
Executive Secretary, G.R. No. 162230, April 28, 2010). Jus cogens enjoy a higher rank in the
international hierarchy than treaty law and even ordinary customary rules (Prosecutor v.
Furundzia, International Criminal Tribunal for the former Yugoslavia, 1998).

Examples of this are norms on torture, racial discrimination, genocide, and piracy.
Obligations Erga Omnes (towards all) refers to an obligation under general international
law that a state owes in any given case to the international community, in view of its
common values and its concern for compliance, so that a breach of that obligation
enables all states to take action; or an obligation under a multilateral treaty that a state
party to the treaty owes in any given case to all the other state parties to the same
treaty, in view of their common values and concern for compliance, so that a breach of
that obligation enables to all these states to take action (Vinuya v. Executive Secretary,
G.R. No. 162230, April 28, 2010).
Examples of this are prohibitions of acts of aggression, on genocide, and on the
protection of basic human rights.
TREATIES
An international agreement conducted between states, in written form and governed by
international law, whether embodied in a single instrument or in two or more related
instruments, whatever its particular designation [Article 2(1)(a), Vienna Convention on Law
on Treaties].
Steps in treaty making:
1. Negotiation
2. Signing of the treaty by the representatives
3. Exchange of ratification instruments
4. Ratification of the treaty by the constitutional organs of the respective states
5. Registration with and publication by the Secretariat of the United Nations (UN)
A state is obliged to abstain from acts which would defeat the object and purpose of a treaty
when it has signed the treaty or has exchanged instruments constituting the treaty subject
to ratification, acceptance of approval, until it shall have made its intention clear not to
become a party to the treaty; or it has expressed its consent to be bound by the treaty,
pending the entry into force of the treaty and provided that such entry into force is not
unduly delayed (Article 18, Vienna Convention on Law of Treaties).
 
In connection thereto, the power of the President to ratify a treaty is well-entrenched in the
1987 Constitution. However, no treaty or international agreement shall be valid and effective
unless concurred in by at least 2/3 of all the members of the Senate (Sec. 21, Art. VII, 1987
Constitution).
 BASIC PRINCIPLES CONCERNING TREATIES

Pacta sunt servanda – “Agreements must be

• Pacta tertiis nec nocent nec prosunt – “A
kept” – every treaty in force is binding upon the
treaty binds the parties and only the parties to it and must be performed by them in
parties” good faith (Art. 26, Vienna Convention on Law
of Treaties).
Rebuc sic stantibus – “Things standing thus” – a fundamental change of circumstances
which has occurred with regard to those existing at the time of the conclusion of a treaty,
and which was not foreseen by the parties, may be invoked as a ground for terminating or
withdrawing from the treaty if the existence for those circumstances constituted an
essential basis of the consent of the parties to be bound by the treaty and the effect of the
change is radically to transform the extent of the obligations still to be performed under the
treaty (Par. 1, Article 62, Vienna Convention on Law of Treaties).
EXECUTIVE AGREEMENT AND CONCORDAT

An executive agreement is an agreement concluded by the President based on authority

granted by Congress or based on the inherent authority granted to him/her by the
Constitution. This is distinguished from a treaty as the latter pertains to a covenant
concluded by the President with the advice and consent of the Senate. No treaty or
international agreement shall be valid and effective unless concurred in by at least two-
thirds of all the members of the Senate (Sec. 21, Art. VII, 1987 Constitution). Both treaties
and executive agreements have binding effect upon states as long as the negotiating
functionaries have remained within their powers (USAFFE Veterans Association Inc. v.
Treasurer of the Philippines, G.R. No. L-10500, June 30, 1959).
BIBLIOGRAPHY:
• The 1987 Philippine Constitution
• Handbook of International Law. Cambridge, Cambridge University Press. Aust, A. (2010)
• International Law and World Organization. Central Law Publishing Co. Quezon City. Coquia &
Defensor-Santiago M. (2005)
• Human Rights Law, Human Rights Culture. Manila. Rex Book Store Inc. Sarmiento, R.V.
(2014)
• Vienna Convention on Law of Treaties
• Online Sources
• http://www.icj.org/en/court
• http://www.lawphil.net/
STATES,
NATIONALITY, AND
STATELESSNESS
Learning Outcomes
At the end of this lesson, we should be able to:
1. Learn the concept of states, its recognition and its rights and duties; and
2. Differentiate the concepts of nationality, stateless persons, and refugees.
STATES
The elements of a state are as follows:
permanent population, defined territory,
government, and capacity to enter into
relations with other states. (Article 1,
Montevideo Convention).
But the most common definition of state is that “A
STATE is a community of persons, more or less
numerous, permanently occupying a definite
portion of territory, having a government of their
own, and enjoying freedom from external control.”
The elements of a state are as follows: persons or
the population, territory, government, and freedom
or the sovereignty.
STATES

The population being pertained to does not have to be homogeneous racially, ethically, tribally, religiously,
linguistically, or otherwise. It must be a settled population, though the presence of certain inhabitants who are
traditionally nomadic does not matter (Aust, 2010). The population can be so big as in China or India or it can also be
so small as that of Tuvalu or Nauru. As to the territory, the size would not matter nor its boundaries be defined
definitively. Territory can also be so big as in the Russia, Canada or Australia and it can also be so small like that of
Vatican and Nauru.

As to the government, a central one operating as a political body within the law of the land and in effective control of
the territory is required. Lastly, the government must be sovereign and independent so that within its territory, it is not
subject to the authority of another state. In this regard, the state will have full capacity to enter into relations with other
states.
States are created through the following: 1) discovery and occupation; 2) prescription;
3) cession; 4) accretion; and 5) conquest. Discovery and occupation occurs when a
territory belonging to any state is placed under the sovereignty of the claiming state.
Prescription is when a territory is acquired through continuous and uninterrupted
possession over a long period of time. Cession involves the peaceful transfer of territory
from one sovereign to another, with the intention that sovereignty should pass (Shaw,
2008). Accretion is the increase in the land area of the state, either through natural
means, or artificially through human labor. In conquest, the act of defeating an
opponent and occupying all or parts of territory does not of itself constitute a basis of
title to the land. It gives the victor certain rights under international law as regards the
territory, the rights of belligerent occupation, but the territory remains subject to the legal
title of the ousted sovereign (Shaw, 2008)
“Shepherd the flock of God that is among you, exercising oversight, not under
compulsion, but willingly, as God would have you; not for shameful gain, but
eagerly;”
1 Peter 5:2 ESV
 DEFINITION OF TERMS

• States – entities that have rights

and responsibilities under
international law and which have
the capacity to maintain their rights
by bringing international claims
Nationality – a legal bond having as its basis a
social fact of attachment, a genuine
connection of existence of reciprocal rights
and duties (Nottebohm Case Liechtenstein v.
Guatemala, 1955 ICJ 4)

Refugee – a person who, owing to a well-founded fear of being

persecuted for reasons of race, nationality, membership of a
particular social group or political opinion, is outside the country of
his/her nationality, and is unable or, owing to such fear, is unwilling
to avail himself/herself of the protection of that country
 STATE RECOGNITION

State recognition is an act by which a state acknowledges the existence of another state,
government, or belligerent community and indicates its willingness to deal with the entity as
such under the rules of international law (Nachura, 2016).
 
State recognition is a political act and mainly a matter of policy on the part of each state. It is
discretionary on the part of the recognizing authority. It is exercised by the political department
of the state. The integration of a new state in the international community does not take place
automatically, but through co-optation, that is , by individual and collective recognition on the
part of already existing states (Sarmiento, 2009).
 LANDMARK DOCTRINES IN STATE
RECOGNITION
• Wilson/Tobar Doctrine – This doctrine
precludes the recognition of governments
established by revolution, civil war, coup
d’etat, or other forms of internal violence
until the freely elected representatives of
the people have organized a constitutional
government (Sarmiento, 2009).
Stimson Doctrine – This doctrine precludes the
recognition of any government established as a
result of external aggression (Nachura, 2016).
Betancourt Doctrine – This doctrine pertains to
denial of diplomatic recognition to any regime, right
or left, which came to power by military force
(Sarmiento, 2009).
Lauterpacht Doctrine – This doctrine precludes the
recognition of an entity which is not legally a State as
it constitutes an abuse of the power of recognition. It
acknowledges a community which is not, in law,
independent and which does not therefore fulfill the
essential conditions of statehood as an independent
state (Sarmiento, 2009).
RIGHTS OF STATES

The rights of states are as follows:

1. Jurisdiction
2. Equality
3. Individual or collective self-defense
4. Independence, and
5. Legation
• The right to independence means freedom from control by other state or group of
states and not freedom from the restrictions that are binding on all states forming the
family of nations and carries with it by necessary implication the correlative duty of
non-intervention (Nachura, 2016). Intervention is an act by which a state interferes
with domestic or foreign affairs of another state through the employment of force or
threat of force which may be physical, political, or economic (Nachura, 2016).

The right to equality is underpinned in the doctrine of equality of states which

provides that all states are equal in international law despite of their obvious factual
inequalities as to size, population, wealth, strength, and degree of civilization.
 
In effect, when a question arises which has to be settled by consent, every state has
a right to one vote only. The vote of the weakest state has as much weight as the
vote of the most powerful. The courts of one state do not as a rule question the
validity of the official acts of another state insofar as those acts purport to take effect
within the latter’s jurisdiction (Sarmiento, 2009).
• The right to existence and self-defense provides that a state may take measures including
the use of force as may be necessary to counteract any danger to its existence (Article 51,
UN Charter). Aggression pertains to the use of armed force by a state against the
sovereignty, territorial integrity, or political independence of another state, or in any other
  manner inconsistent with the Charter of the United Nations (Article 1, UN General Assembly
Resolution No. 3314).
For a proper exercise of self-defense, the following must exist: 1) an armed attack
occurred against a member of the UN; 2) it must be confined to cases in which the
necessity of self-defense is instant, overwhelming and leaving no choice of means and
no moment for deliberation; 3) measures taken must be limited by that necessity and
kept clearly within it; and 4) must give way to measures that may be taken by the UN
Security Council to maintain international peace and security (Article 51, UN Charter).

Collective self-defense pertains to the rights of states to come to the defense of

another state whose situation meets the condition of legitimate individual self-defense
(Article 51, UN Charter). Anticipatory self-defense is when the use of force in
anticipation of an attack is deemed legal if made in good faith, depending on the
circumstances of imminent danger.
The right to territorial integrity and jurisdiction encompasses the right of the state to its
terrestrial, maritime and fluvial, aerial and space covered by its territory.

• The right to legation pertains to the right of the state to send and receive diplomatic
missions, which enable states to carry on friendly intercourse.
NATIONALITY

• Nationality is a legal bond having as its basis a social fact of attachment, a genuine
connection of existence, interests, and sentiments, together with the existence of
reciprocal rights and duties (Nottebohn Case Liechtenstein v, Guatemala, 1955 ICJ
4). It is for each state to determine under its own rules who are its nationals. This law
shall be recognized by other states insofar as it is consistent with international
conventions, international customs, and the principles of law generally recognized
with regard to nationality.
• Under the UN Declaration of Human Rights, everyone has a right to a nationality and
that no one is to be arbitrarily deprived of their nationality or denied the right to change
their nationality. Multiple nationalities may exist when an individual possesses more
than one nationality and was acquired as the result of concurrent application to him or
her the conflicting national laws of two or more states claiming him as their national.

Jus soli is a Latin term which means the

law of the soil. It is the most common
means that a person obtains his or her
citizenship.
Jus sanguinis. This is when an individual
obtains his or her citizenship by the blood
or through his or her parents or ancestors.
States follow the jus soli or jus sanguinis
doctrine as basis for its citizens.

In the Philippines, nationality can be acquired through birth, naturalization, repatriation,

subjugation, and cession. It can be lost through release, deprivation, renunciation, and
substitution
ARTICLE IV OF THE 1987 PHILIPPINE CONSTITUTION DEFINES THE CITIZENS OF
THE PHILIPPINES, HOW IT IS ACQUIRED AND HOW IT IS LOST
ARTICLE IVCITIZENSHIP

Section 1. The following are citizens of the Philippines:

[1] Those who are citizens of the Philippines at the time of the adoption of this Constitution;
[2] Those whose fathers or mothers are citizens of the Philippines;
[3] Those born before January 17, 1973, of Filipino mothers, who elect Philippine citizenship upon
reaching the age of majority; and
[4] Those who are naturalized in accordance with law.
Section -2 (Natural Born); Section 3 (lost or reacquired); Section 4 (Renouncement); Section 5 (Dual
Allegiance)
STATELESSNESS
• Statelessness pertains to the status of having no nationality as a consequence of being
born without any nationality or as a result of deprivation or loss of nationality (Nachura,
2016). Statelessness adversely affects a person’s right to exercise rights and privileges
usually enjoyed by citizens of a state, such as employment, right to work, right to
property, right to education, among others. Also, any wrong or injury suffered by a
stateless person through the act or omission of a state would be damnum absque
injuria (loss or damage without injury) for in theory, no state has been offended and no
international delict committed.
REFUGEES

• A refugee is a person who, owing to a well-founded fear of being persecuted for

reasons of race, religion, nationality, membership of a particular social group or
political opinion, is outside the country of his nationality and is unable or owing to
such fear, is unwilling to avail himself of the protection of that country. It includes
stateless persons who are outside the country of his habitual residence and is unable
or, owing to such fear is unwilling, to return to it (Par. A(2), Article 1, Convention
Relating to the Status of Refugees). The Convention linking to the Status of Refugees
provides that states have an obligation to treat a person as a refugee, without any
discretion, and afford the rights due to them.
• The principle of non-refoulement is a principle wherein in addition to not returning the
refugee to his/her own state, he/she must not be sent to a third state if his/her life or
freedom would there be threatened on account of his/her race, religion, nationality,
membership of a particular social group or social opinion (Par. 1, Article 33, Convention
Relating to the Status of Refugees). Exceptions to this principle is when there are
reasonable grounds for regarding the refugee as a danger to the security of the state; or
having been convicted of a particularly serious crime, constitutes a danger to the
community of the state (Par. 2, Article 33, Convention Relating to the Status of Refugees).

• Significant rights of refugees are as follows: non-discrimination, wage-earning employment,

free access to courts, duty of non-refoulement of states, self-employment, housing,
freedom of religion, among others.
BIBLIOGRAPHY
• Aust, A. (2010), Handbook of International Law, Cambridge, Cambridge University Press
• Montevideo Convention
• Nachura, A.B. (2016), Outline Reviewer in Political Law, Quezon City, REX bookstore
• Sarmiento, R.V. (2009), Public International Law Bar Reviewer, Manila, REX Bookstore
• Shaw, M. (2008), International Law, Cambridge, Cambridge University Press
• UN Charter
• UN General Assembly Resolution No. 3314
• 1961 Convention on the Recognition of Statelessness
• Online Source
• https://www.un.org/en/
LAW OF THE SEA

Learning Outcomes
At the end of this lesson, you should be able to:
1. Classify the ideologies of the law of the sea;
2. Describe the ideas of baseline, archipelagic state, and the Philippine
archipelagic state; and
3. Distinguish the territorial sea, the Exclusive Economic Zone (EEZ),
continental shelf, high seas, and the responsibilities of the coastal states.
DEFINITION OF TERMS

• Law of the sea – a body of international rules • Baseline - the line from which the outer
that binds states and other subjects of limits of marine spaces under the national
international law in their maritime affairs
jurisdiction of the coastal state are
measured. It is also the line distinguishing
• Archipelagic state – a state constituted internal waters from the territorial sea.
wholly by one or more archipelagos and
may include other islands
• Archipelago – group of islands, including parts of islands, interconnecting waters, and
other natural features which are so closely interrelated that such islands, waters, and
other natural features form an intrinsic geographical, economic, and political entity or
which historically have been regarded as such.
LAW OF THE SEA

The law of the sea is a body of international rules that binds states and other subjects of
international law in their maritime affairs. Its functions are the spatial distribution of national
jurisdiction and to ensure cooperation between states (Tanaka, 2012).
 
The law of the sea have been governed by the following principles:
1. Principle of freedom
2. Principle of sovereignty
3. Principle of the common heritage of mankind
• The principle of freedom intention is to guarantee the freedom of the
different uses of the oceans.
• The principle of sovereignty pursues to protect the interests of coastal states.
• The principle of the common heritage of mankind seeks to support the
common interest of all people in present and future generations.

This law of the sea has been codified into four:

• The Hague Conference for the Codification of International Law (1930);
• The First United Nations Conference on the Law of the Sea, 1958 (UNCLOS I);
• The Second United Nations Conference on the Law of the Sea, 1960 (UNCLOS II); and
• The Third United Nations Conference on the Law of the Sea, 1973-1982 (UNCLOS III)
BASELINES
• A baseline is the line from which the outer limits of marine spaces under the national
jurisdiction of the coastal state are measured. It is also the line distinguishing internal
waters from the territorial sea (Tanaka, 2012). A vital feature of maritime law is the
baseline or the line from which the breadth of the territorial sea and other maritime
zones is measured.
The types of baselines are as follows: The normal baseline is the low-water
• Normal baseline line along the coast as marked on large-
• Straight baseline scale charts officially recognized by the
• Closing lines across river mouths and bays coastal state (Article 5, UNCLOS III).
• Archipelagic baselines
For drawing straight baselines, it must not appear to any appreciable extent from the
general direction of the coast. Certain sea areas lying within these lines sufficiently
closely linked to the land domain to be subject to the regime of international waters.
Certain economic interests peculiar to the region, the reality and importance of which are
clearly evidenced by long use, should be taken into consideration (Article 7, UNCLOS III).

Under the UNCLOS III, if a river flows directly into the sea, the baseline shall be a straight
line across the mouth of the river between points on the low-water line of its banks. Anent
the rule on bays, customary law has allowed the coastal state to draw a closing line
across the entrance of a bay, where the landward waters from the closing line have
become internal waters (Tanaka, 2012).
ARCHIPELAGIC BASELINES
Under Par. (a), Art. 46, UNCLOS III, an archipelagic state is a state constituted wholly
by one or more archipelagos and may include other islands. An archipelago is a group
of islands, including parts of islands, interconnecting waters, and other natural features
which are so closely interrelated that such islands, waters, and other natural features
form an intrinsic geographical, economic, and political entity or which historically have
been regarded as such. (Par. [b]. Art. 46, UNCLOS III).

In other words, to constitute an archipelago, the following must exist:

existence of a group of islands
historical practice
existence of an intrinsic geographical economic and political entity
compactness or adjacency of islands
ARCHIPELAGIC BASELINES
Archipelagic Doctrine is defined in Article I, 1987 Philippine Constitution (National Territory), to
wit:

ARTICLE I 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.”
• There are two kinds of archipelago: coastal archipelago and outlying or mid-ocean
archipelago. Coastal archipelago refers to a group of islands situated so close to a
main land that they may be considered a part thereof, forming more or less an outer
coastline from which it is natural to measure the marginal seas. Outlying or mid-ocean
archipelago refers to a group of islands situated in the ocean at such distance from
the coasts of firm land as to be considered as an independent whole rather than
forming part of, the outer coastline of the mainland.

Under Par. 1, Article 47, UNCLOS III, an archipelagic state

may draw straight archipelagic baselines joining the
outermost islands and drying reefs of the archipelago
ARTICLE 47, UNCLOS III

1. The archipelagic waters must include main islands, and the ratio of the area
of the water to the area of the land, including atolls, is between 1 to 1 and 9 to
1;
2. The length of the baselines shall not exceed 100 nautical miles (nm),
however, up to 3 percent of the total number of baselines enclosing any
archipelago may exceed that length, up to a maximum length of 125 nm;
3. The drawing of baselines shall not depart to any appreciable extent from the
general configuration of the archipelago;
4. The baselines shall not be drawn to and from low-tide elevations, unless lighthouses or similar
installations which are permanently above sea level have been built on them or where a low-tide
elevation is situated wholly or partly at a distance not exceeding the breadth of the territorial sea
from the nearest island;
5. The system of baselines shall not be applied in such a manner as to cut off from the high seas
or the exclusive economic zone the territorial sea of another state;
6. If a part of the archipelagic waters of an archipelagic state lies between two parts of an
immediately adjacent neighboring state, existing rights and all other legitimate interests which the
latter state has traditionally exercised in such waters and all rights stipulated by agreement
between those states shall continue and be respected;
7. For the purpose of computing the ration of water to land under paragraph 1, land areas may
include waters lying within the fringing reefs of islands and atolls, including that part of a steep-
sided oceanic plateau which is enclosed or nearly enclosed by a chain of limestone islands and
drying reefs lying on the perimeter of the plateau;
8. The baselines shall be shown on charts of a scale adequate for ascertaining
their position. Alternatively, lists of geographical coordinates of points,
specifying the geodetic datum, may be submitted; and
9. The state shall give due publicity to such charts or list of geographical
coordinates and shall deposit a copy of each such chart or list with the UN
Secretary-General.
In the same vein, under Republic Act No. 9522, the baselines laws are enacted by
UNCLOS III state parties to mark-out specific base points along their coasts from which
baselines are drawn, either straight or contoured, to serve as geographic stating points to
measure the breadth of the maritime zones and continental shelf.

This law effectively classified the Kalayaan Island Group and the Scarborough Shoal as
regime of islands, consistent with UNCLOS III which manifests the Philippine State’s
responsible observation of its pacta sunt servanda obligation (Magallona v. Ermita, G.R.
No. 187167, August 16, 2011).
UNDER THE UNCLOS III, THE ARCHIPELAGIC
STATE, SUCH AS THE PHILIPPINES, HAS THE
FOLLOWING OBLIGATIONS:
1. Respect the traditional fishing rights of third states;
2. Respect existing marine cables;
3. If a part of the archipelagic waters lies between two parts of an immediately adjacent
neighboring state, existing rights and all other legitimate interests which the neighboring
state has traditionally exercised in such waters and all rights stipulated by agreement
between the archipelagic state and the neighboring state shall continue to be respected;
and
4. Provide the right of innocent passage and that of archipelagic sea lanes.
ARCHIPELAGIC SEA LANES

• Archipelagic sea lanes passage pertains to the exercise in accordance with

UNCLOS III of the rights of navigation and overflight in the normal mode
solely for the purpose of continuous, expeditious , and unobstructed transit
between one part of the high seas or an exclusive economic zone and another
part of the high seas or an exclusive economic zone (Par. 3, Article 53,
UNCLOS III).
TERRITORIAL SEA
• A marine space under the territorial sovereignty of the coastal state up to a
limit not exceeding twelve (12) nautical miles measured from the baselines.
It comprises the seabed and its subsoil, the adjacent waters, and the airspace
(Tanaka, 2012).
Under Articles 20-25 of the UNCLOS III, a state has the following obligations pertaining to its territorial
sea:
1. Protection of navigational aids, cables, and pipelines
2. Conservation of marine living resources
3. Overall environmental protection and scientific research
4. Prevention of the infringement of customs, fiscal, immigration, and sanitary laws
5. Ensuring the safety of navigation
6. Taking necessary steps to prevent passage which is not innocent
• The right of innocent passage is the right of foreign merchant ships to pass
unhindered through the sea of a coast (Shaw, 2008). Under Articles 17-20 of the
UNCLOS III, ships of all states, coastal or land-locked, including foreign warships, are
entitled to the right of innocent passage through the territorial waters of a coastal
state. Submarines are likewise entitled, but while traversing the territorial sea, they
are required to navigate on the surface and to show their flag.
EXCLUSIVE ECONOMIC ZONE
• The EEZ is an area beyond and adjacent to the territorial sea, not extending beyond 200
nautical miles from the baseline of the territorial sea (Articles 55 & 57, UNCLOS III).
Under Par. 1, Article 56, UNCLOS III, the coastal state has sovereign rights for the
purpose of exploring, conserving, and managing the natural resources, whether living or
non-living, of the waters superjacent to the seabed and of the seabed and its subsoil, and
with regard to other activities for the economic exploitation and exploration of the zone.
Also, the coastal state has jurisdiction with regard to the establishment and use of
artificial islands, installations, and structures; marine scientific research; and the
protection and preservation of the marine environment.

The sovereign rights in the EEZ are essentially exclusive in the sense that no one may undertake these
activities or make a claim to the EEZ without the express consent of the coastal state (Tanaka, 2012).
 CONTINENTAL SHELF
• The continental shelf of a coastal state comprises the seabed and subsoil of the submarine
areas that extend beyond its territorial sea throughout the natural prolongation of its land territory
to the outer edge of the continental margin, or to a distance of 200 nautical miles from the
baselines from which the breadth of the territorial sea is measured where the outer edge of the
continental marine does not extend up to that distance (Art. 76, UNCLOS III).

• Under Article 77, UNCLOS III, the coastal state exercises over the continental shelf sovereign
rights for the purpose of exploring its natural resources. The natural resources referred to consist
of the mineral and other non-living resources of the seabed and the subsoil together with living
organisms belonging to sedentary species.
HIGH SEAS

• The high seas are all parts of the sea that are not within an EEZ, the territorial sea,
internal waters or archipelagic waters (Article 86, UNCLOS III). Under Article 89,
UNCLOS III, no state may subject any part of the high seas to its sovereignty. Under
Article 87, UNCLOS III, all states, including land-locked states, enjoy the freedom of
the high seas. They are not absolute but must be exercised with due regard for the
interests of other states in their exercise of the same freedoms.
 FREEDOMS OF THE HIGH SEAS
• The freedom of the high seas include
navigation, overflight (civilian and military
aircraft), lay submarine cables and pipelines,
conduct of scientific research, construction of
artificial islands, and other installations allowed
by international law and fishing (UNCLOS III).
States have the duties relative to the high
seas such as duty to render assistance,
prohibition of the transport of slaves, duty to
cooperate in the repression of piracy, duty to
cooperate in the suppression of illicit traffic
in narcotic drugs or psychotropic
substances, and duty to cooperate in the
suppression of unauthorized broadcasting
from the high seas (Sarmiento, 2009).
INTERNATIONAL TRIBUNAL FOR THE LAW
OF THE SEA (ITLOS)

• The UNCLOS created the ITLOS, which consists of

21 judges elected by the member states with a
system in place to ensure geographic balance. The
jurisdiction of the tribunal comprises of all disputes
and applications submitted to it in accordance with
the UNCLOS and all matters specifically provided
for in any other agreement which confers
jurisdiction on the tribunal.
 SUMMARY
• The law of the sea provides international rules that bind states and other subjects of
international law in their maritime affairs. This law had been codified four times, the latest of
which is UNCLOS III which classified the baselines, the straight baselines, and archipelagic
baselines akin to the Philippines. The Philippines, as an archipelago, also has its own
territorial sea, EEZ, and continental shelf – where it has several rights and responsibilities.
The high seas are also places wherein freedoms and duties of the states are in place.

• Recently, an arbitral ruling was rendered in favor of the Philippines against China. Knowing
the details about the said ruling is vital in dealing with the contemporary world.
 LIFE APPLICATIONS
• In bold reality, you cannot live all by yourself. You need other
people for help. Even if you choose to live in the mountains
alone, you cannot do so without the help of others.
You plant your own food, you need tools to do it, and the tools you
use might be made in China, U.S., etc. The clothes you wear might
be made in the Philippines but the raw materials came from
elsewhere, and so many other things that is difficult to enumerate.

As the Holy Bible teaches us “no man is an island”; and “Are we,
our brother’s keepers?” My answer is YES!
With these, I rest my case…