ARCHIPELAGIC PHILIPPINES: ISSUES AND CHALLENGES

PRESENTATION OUTLINE IMPERATIVES FOR DECLARING THE PHILIPPINES AS AN ARCHIPELAGIC STATE PHILIPPINE EFFORTS FOR THE INTERNATIONAL RECOGNITION OF THE ARCHIPELAGIC DOCTRINE IMPLICATIONS AND POTENTIAL BENEFITS OF THE UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) NEED TO HARMONIZE PHILIPPINE LAWS WITH UNCLOS

POLICY IMPERATIVES FIRST, the Philippines is an archipelagic state and an archipelago. 7,100 islands 31,800 km. coastline 62 of 71 provinces are coastal

POLICY IMPERATIVES SECOND, RP is geo-strategically located at the heart of Southeast Asia. Lying between 21°5’N and 4°23’N, and 116°E and 127°E Surrounded by three prominent waters: the Pacific Ocean on the East, the South China Sea on the West and North, and Celebes Sea on the South PACIFIC OCEAN CELEBES SEA SOUTH CHINA

POLICY IMPERATIVES THIRD, the Philippines is at the crossroad of major international navigational routes. More than half of the world’s tankers – estimated to contain 353.42 thousand barrels of oil – pass every year through the Straits of Malacca and Singapore and Sunda and Lombok Straits, with majority continuing on to the South China Sea

POLICY IMPERATIVES FOURTH, the waters Southwest of the Philippines is a hotbed of geological resources and activity. There is a high potential for the area to yield oil and gas.

POLICY IMPERATIVES FIFTH, the Philippines is the “center of center of marine biodiversity”, having the highest in the world. RP hosts a greater part of the Coral Triangle, which is an ocean space as having the highest degree of biological diversity CHINA TAIWAN Source: TNC-SEACMPA PACIFIC OCEAN SOUTH CHINA SEA straits used for international navigation VIETNAM CELEBES SEA MALAYSIA INDONESIA PAPUA NEW GUINEA

BACKGROUND: PHILIPPINE PUSH FOR RECOGNITION AS ARCHIPELAGIC STATE Historical fact prior to the Archipelagic State Principle “Archipelagic state” did not exist in international law RP coined & pioneered the development of “archipelagic doctrine”

INTERNATIONAL RECOGNITION OF THE “ARCHIPELAGIC DOCTRINE” Minister of State Arturo M. Tolentino Head of the Philippine Delegation 3RD UNCLOS ‘82 (Montego Bay, Jamaica) “The Philippines advanced the archipelago principle as early as 1956 and we have established it in our national legislation. We are therefore happy that the archipelago principle has finally been recognized and accepted as part of public international law.”

INTERNATIONAL RECOGNITION OF THE “ARCHIPELAGIC DOCTRINE” THE PHILIPPINES IS A SIGNATORY AND PARTY TO THE 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS); SIGNED 10 DECEMBER 1982 AND RATIFIED 27 FEBRUARY 1984 Former Solicitor-General Estelito Mendoza

PHILIPPINES PROJECTED MARITIME REGIMES Baselines 1982 UNCLOS Archipelagic Waters Territorial Sea (12 M) Contiguous Zone (24 M) EEZ (200 M) Juridical Continental Shelf (200 M) Extended Continental Shelf (Theoretical at 350 M) Basemap c/o NAMRIA

POTENTIAL RESOURCES UNDER UNCLOS Aquaculture, seaweed farming… a leading industry in both developed & developing economies …marine biodiversity for pharmaceuticals… Oil,gas & mineral resources as source of clean and sustainable energy

BASELINES LAW Republic Act No. 3046 (Jun 1961) amended by Republic Act No. 5446 (Sep 1968) Baselines

HARMONIZE RP BASELINES SYSTEM W/ UNCLOS Article 47 (2), Part IV, UNCLOS Archipelagic Baselines The length of such baselines shall not exceed 100 nautical miles, except that up to 3 per cent of the total number of baselines enclosing any archipelago may exceed that length, up to a maximum length of 125 nautical miles. Baselines Law (RA 5446) MORO GULF 140 nm.

POCKETS OF HIGH SEAS Illustrated 3nm from coast Pockets of high seas

MAP OF WCPFC AREA

OPTION 1 Enclosing Main Archipelago & Scarborough Shoal; KIG as Regime of Islands Baselines EEZ (200 nm) Regime of Islands

OPTION 2 Enclosing Main Archipelago only; Scarborough Shoal & KIG as Regime of Islands Baselines EEZ (200 nm) Regime of Islands

OPTION 3 Enclosing Main Archipelago & KIG; Scarborough Shoal as Regime of Islands Baselines EEZ (200 nm) Regime of Islands

OPTION 4 Enclosing Main Archipelago, Scarborough Shoal & KIG Baselines EEZ (200 nm)

OPTIONS 1, 3 & 4 OPTION 3 OPTION 1 OPTION 4 Article 47 (3), Part IV, UNCLOS Archipelagic Baselines The drawing of such baselines shall not depart to any appreciable extent from the general configuration of the archipelago. OPTION 3 Baselines Regime of Islands OPTION 1 OPTION 4

KIG BASEPOINTS PD 1596 Basepoints PHILIPPINES UNOCCUPIED Occupied by Foreign Countries Flat Island Northeast Cay Commodore Reef Southwest Cay Discovery Great Reef Fiery Cross Reef West Amboynas Cay Mariveles Reef Investigator Shoal Northeast Cay VIETNAM Southwest Cay CHINA MALAYSIA Flat Island Iroquois Reef Discovery Great Reef Fiery Cross Reef Sabina Shoal West Reef Commodore Reef Investigator Shoal Amboynas Cay Mariveles Reef

BASELINE SYSTEM (“OPTION 2”) Enclosing Main Archipelago only; Scarborough Shoal & KIG as Regime of Islands Baselines EEZ (200 nm) Regime of Islands

ARCHIPELAGIC BASELINES BILLS - 2 VERSIONS CONGRESSSIONAL POSITION Enclosing Main Archipelago, Scarborough Shoal & KIG EXECUTIVE POSITION Enclosing Main Archipelago; Scarborough Shoal & KIG as Regime of Islands

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