Archipelagic Doctrine under Philippine Law

1. Definition of the Archipelagic Doctrine

The Archipelagic Doctrine refers to the concept that the Philippines, as an archipelago, should be considered as a single unit for the purposes of defining its territorial boundaries. This doctrine plays a crucial role in determining the national territory of the Philippines, especially as it relates to its configuration as a collection of islands.

In an archipelagic state like the Philippines, waters enclosed by baselines drawn around the outermost points of the outermost islands are considered part of the internal waters of the state. The doctrine treats the entire archipelago, including the sea separating the islands, as a unified territory, which means that internal waters (e.g., bays and rivers) and archipelagic waters (those between the islands) are under the sovereignty of the state.

2. Basis in the Philippine Constitution

The Archipelagic Doctrine is enshrined in the 1987 Philippine Constitution, under Article I (National Territory), which states:

"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."

This constitutional provision reinforces the Archipelagic Doctrine by asserting that the waters around and between the islands of the Philippine archipelago are part of the internal waters of the state.

3. Legal Framework in International Law

The Archipelagic Doctrine also finds support in international law, specifically under the United Nations Convention on the Law of the Sea (UNCLOS). The Philippines is a signatory to UNCLOS, which provides the international legal framework for the concept of archipelagic states.

According to UNCLOS:

An archipelagic state is defined as a state constituted wholly by one or more archipelagos and may include other islands.
An archipelagic state may draw straight baselines connecting the outermost points of its outermost islands, from which the breadth of its territorial sea, exclusive economic zone (EEZ), and continental shelf are measured.
The waters within these baselines are classified as archipelagic waters over which the archipelagic state exercises sovereignty. However, archipelagic states must respect the right of innocent passage of foreign ships through archipelagic waters.

The Archipelagic Doctrine under UNCLOS permits the Philippines to claim sovereignty over its archipelagic waters and ensures the protection of its maritime zones, while also recognizing international obligations like allowing innocent passage.

4. Historical Development of the Archipelagic Doctrine in the Philippines

Historically, the Archipelagic Doctrine has evolved alongside Philippine territorial laws and the assertion of sovereignty over maritime areas:

Treaty of Paris (1898): At the time of the Treaty of Paris, the Philippines' territory was limited to the land areas and a 3-nautical-mile belt of sea around the islands. This concept was soon challenged and expanded as the country developed.
Philippine Constitution (1935, 1973, 1987): Over time, the Philippines revised its definition of national territory in its successive Constitutions. The 1973 Constitution first explicitly incorporated the Archipelagic Doctrine, which was retained in the 1987 Constitution.
Presidential Decree No. 1599 (1978): This decree established the Philippines’ claim to a 200-nautical-mile exclusive economic zone (EEZ), further expanding the country’s jurisdiction over its maritime areas.
Republic Act No. 9522 (2009): The "Philippine Archipelagic Baselines Law" defines the archipelagic baselines of the Philippines and harmonizes national law with UNCLOS. It further clarifies the country’s territorial limits and claims, reaffirming the Archipelagic Doctrine under international law.

5. Importance of the Archipelagic Doctrine

The Archipelagic Doctrine is important for the Philippines for several reasons:

Territorial Integrity: It ensures that the country is considered as a single geographic unit, which strengthens its territorial integrity.
Sovereignty: The doctrine enables the Philippines to assert its sovereignty over both land and water areas, including internal waters and archipelagic waters.
Resource Management: It allows the Philippines to control the exploitation and management of marine resources, including fishery stocks, minerals, and other natural resources within its territorial waters and EEZ.
Maritime Security: By claiming sovereignty over the waters between its islands, the Philippines can ensure the protection of its maritime boundaries from external threats and illegal activities, such as poaching or piracy.
International Relations: Adherence to the Archipelagic Doctrine and compliance with UNCLOS help strengthen the Philippines' legal position in international disputes, such as its territorial claims in the South China Sea.

6. Challenges and Controversies

While the Archipelagic Doctrine benefits the Philippines, it also presents challenges, especially in relation to territorial disputes in the South China Sea. The Philippines faces competing claims with other states like China, Vietnam, and Malaysia over areas within its EEZ and extended continental shelf. The Archipelagic Doctrine bolsters the Philippines’ legal claims, but disputes require diplomatic and legal resolution, such as through arbitration (e.g., the 2016 Hague ruling on the South China Sea).

Conclusion

The Archipelagic Doctrine is a foundational principle in Philippine law that defines the country's national territory by treating the archipelago and its surrounding waters as a unified whole. Enshrined in the 1987 Constitution and supported by UNCLOS, it provides the legal basis for the Philippines' territorial claims, particularly over its internal and archipelagic waters, while also framing the country’s rights and obligations under international law.