There have been a number of comments in the domestic discourse on the Ukraine crisis – both on social media and mainstream media – but unfortunately, a discussion of the legal aspect seems to be wanting. An understanding of these issues cannot be sufficiently had without taking into account the pertinent rules of international law. For weeks the United States…
The sea referred to as the ‘West Philippine Sea’ comprises different maritime zones, not all of which actually pertain to the Philippines as its territory from the perspective of international law. Given that the Philippines is a member of the international community, it is only advisable that it employ an approach consistent with international law in respect of its territory…
All views expressed herein are the contributor’s and do not represent the opinions of any entity whatsoever with which he has been, is now, or will be affiliated. Through Administrative Order (AO) No. 29 series of 2012 the Philippine State named the sea areas west of the Philippine archipelago as the ‘West Philippine Sea’. It is important to clarify what…
The right of innocent passage refers to the right of foreign vessels to freely navigate in the territorial sea of another State without conducting activities that prejudice said State’s interests.1 2 It is akin to an easement or servitude whereby one has a right in relation to another’s property. Innocent passage through the territorial sea of a State over which…
Not all the maritime zones of the 1982 United Nations Convention on the Law of the Sea (LOSC) are automatically ascribed to a State. The LOSC provides, among others, the different maritime zones as we know them. Among these are the Territorial Sea, Contiguous Zone, Continental Shelf and the Exclusive Economic Zone (EEZ). It is important to note – a…
The Consultative Committee has presented to President Rodrigo R. Duterte the Draft Federal Constitution. Below are some comments that may be made in respect of the provision on National Territory contained in the draft that has been released online. ARTICLE I NATIONAL TERRITORY SECTION 1 The Philippines has sovereignty over its territory, consisting of the islands and waters encompassed by…
Introduction There appears to be much disagreement, if not chaos, arising from discussions on certain law of the sea concerns of the Philippines. Politics is clearly a factor here, but undeniably, there is likewise an issue concerning the appreciation of the law(s). As a sovereign state, the Philippines has a government and exercises sovereignty over its subjects and its territory….
With the disputes concerning the West Philippine Sea in the South China Sea and recently, the issues surrounding Benham Rise, we see how the United Nations Convention on the Law of the Sea or the Law of the Sea Convention (LOSC)1 affects the maritime entitlements of the Philippines. It is indeed imperative for the Philippine state, a maritime nation, to…