1. ARCHIPELAGIC
PHILIPPINES:
ISSUES AND CHALLENGES

2. 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

3. 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

4. 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

5. 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 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

6. 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.

7. 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

8. 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”

9. 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.”

10. 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

11. 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

12. 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

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

14. 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.

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

16. MAP OF WCPFC AREA

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

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

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

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

21. 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

22. 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

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

24. 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

25. THANK YOU