Maritime Zones

In Philippine law, the national territory and its associated maritime zones are governed by both domestic legislation and international law, primarily influenced by the United Nations Convention on the Law of the Sea (UNCLOS). The Constitution, domestic statutes, and international agreements define the Philippines' national territory and its maritime zones. Let’s break this down, focusing specifically on the maritime zones aspect.

Constitutional Provision

Article I of the 1987 Philippine Constitution defines the national territory, including its waters, maritime zones, and seabed. It 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 gives the Philippines legal grounding to claim sovereignty and jurisdiction over its maritime zones.

Domestic Laws on Maritime Zones

1. Republic Act No. 9522 (An Act to Amend Certain Provisions of Republic Act No. 3046, As Amended by Republic Act No. 5446, to Define the Archipelagic Baselines of the Philippines, and for Other Purposes)

   RA 9522, passed in 2009, is the Philippines' legislation to align its maritime claims with the provisions of the United Nations Convention on the Law of the Sea (UNCLOS). It defines the archipelagic baselines of the Philippines, which are used to determine its maritime zones, such as the territorial sea, exclusive economic zone (EEZ), and continental shelf.

   • Archipelagic Baselines: These are imaginary lines connecting the outermost points of the outermost islands of the archipelago. These lines form the basis for the measurement of maritime zones.
   • Straight Baselines: Used for the purpose of delineating maritime zones around an archipelago or a complex coastline.

2. Presidential Decree No. 1599 (Establishing an Exclusive Economic Zone of the Philippines)

   This decree, issued in 1978, established the Philippines’ Exclusive Economic Zone (EEZ), consistent with the provisions of UNCLOS. It claims the Philippines’ sovereign rights to explore, exploit, conserve, and manage natural resources within 200 nautical miles from its baselines.

Maritime Zones under Philippine Law

1. Territorial Sea

   • Defined under the 1987 Constitution and RA 9522.
   • The territorial sea extends 12 nautical miles from the baselines.
   • Within this zone, the Philippines exercises full sovereignty, including over airspace, seabed, and subsoil.
   • However, innocent passage is permitted under international law for foreign vessels.

2. Contiguous Zone

   • Extends 24 nautical miles from the baselines.
   • In this zone, the Philippines may exercise control necessary to:
     • Prevent infringement of its customs, fiscal, immigration, or sanitary laws.
     • Punish any violations of those laws.

3. Exclusive Economic Zone (EEZ)

   • Extends 200 nautical miles from the baselines.
   • Within the EEZ, the Philippines has sovereign rights to explore and exploit, conserve and manage natural resources (whether living or non-living) of the waters and the seabed.
   • It also has jurisdiction over artificial islands, marine scientific research, and protection of the marine environment.

4. Continental Shelf

   • The continental shelf extends up to 200 nautical miles from the baselines, or beyond, based on the natural prolongation of the land territory under the sea.
   • The Philippines has sovereign rights over the continental shelf for the purpose of exploring and exploiting its natural resources, particularly oil, gas, and minerals.

5. Archipelagic Waters/Internal Waters

   • Archipelagic waters refer to waters enclosed by the archipelagic baselines. They are considered part of the internal waters of the Philippines.
   • According to UNCLOS Part IV (Archipelagic States), the waters around and between the islands of an archipelago are considered part of the internal waters of the archipelagic state. Therefore, the Philippines exercises sovereignty within these waters, though it must allow for innocent passage and archipelagic sea lanes passage as part of its international obligations.

International Law: UNCLOS (United Nations Convention on the Law of the Sea)

The Philippines is a signatory to UNCLOS, which provides an international legal framework for maritime zones. The UNCLOS defines the rights and obligations of states over various maritime zones:

1. Internal Waters: Full sovereignty (e.g., Manila Bay).
2. Territorial Sea: 12 nautical miles from the baselines.
3. Contiguous Zone: 24 nautical miles from the baselines.
4. Exclusive Economic Zone (EEZ): 200 nautical miles.
5. Continental Shelf: Up to 200 nautical miles or beyond, based on natural prolongation.

UNCLOS also provides mechanisms for the resolution of disputes, which is critical for the Philippines in its territorial disputes in the West Philippine Sea (also known as the South China Sea).

Territorial Disputes and Claims

1. West Philippine Sea:

   • The Philippines faces overlapping territorial and maritime claims in the West Philippine Sea (part of the South China Sea), particularly involving China, Vietnam, and other Southeast Asian nations.
   • The Permanent Court of Arbitration (PCA) ruled in favor of the Philippines in a 2016 decision, invalidating China’s historical claims based on the nine-dash line under UNCLOS. However, China does not recognize the ruling.

2. Bajo de Masinloc (Scarborough Shoal) and the Kalayaan Island Group:

   • These areas are significant not only because of their strategic location but also for their rich marine resources. These are subject to disputes with other neighboring states, particularly China.

Recent Developments in Maritime Zones Law

The Philippines has been active in asserting its rights over its maritime zones, particularly in the context of its disputes in the West Philippine Sea. The government has passed several resolutions and continues diplomatic and legal efforts to protect its sovereign rights, especially in the EEZ and continental shelf.

Conclusion

In summary, Philippine maritime zones are governed by a combination of constitutional law, domestic legislation (such as RA 9522), and international law (mainly UNCLOS). The Philippines asserts its sovereignty over its territorial sea, archipelagic waters, and contiguous zone, while enjoying sovereign rights over its EEZ and continental shelf. However, challenges persist, particularly with regard to disputes in the West Philippine Sea, where international law and diplomatic efforts continue to play significant roles.