UNCLOS III affirms this: Specifically, internal waters in a legal sense embrace (i) parts of the sea along the coast down to the low-water mark, (ii) ports and harbours, (iii) estuaries, (iv) landward waters from the closing line of bays, and (v) waters enclosed by straight baselines. 2. UNCLOS defines zones of coastal jurisdiction, including inland waters, territorial sea, archipelagic water, contiguous zone, continental shelf, and EEZ. Petitioners contend that RA 9522 transformed the internal waters of the Philippines to archipelagic waters hence subjecting these waters to the right of innocent and sea lanes passages, exposing the Philippine internal waters to nuclear and maritime pollution hazards. "The waters around, between and connecting the islands of the archipelago, regardless of their dimensions, form part of the internal waters of the Philippines." Internal Waters and Archipelagic Waters Article 1 of the Philippine Constitution provides that "[t]he 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." Moreover, Article 8 (2) of UNCLOS III provides: Where the establishment of a straight baseline in accordance with the method Archipelagic states may also delimit internal waters consistent . (c) At U.N.C.L.O.S. 14 The application of full sov - ereignty, however, only exists over the internal waters. Archipelagic waters. Under this concept ("archipelagic doctrine"), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the . It includes waterways such as rivers and canals, and sometimes . Archipelagic states are states that are composed of groups of islands forming a state as a single unit, with the islands and the waters within the baselines as internal waters. (1) Without prejudice to section 5, Trinidad and Tobago shall respect existing agreements and other treaties with other States affecting areas falling within the archipelagic waters. The latter provisions make it easier for Canada to argue analogically that it is entitled under the new law of the sea to enclose large areas of internal or archipelagic waters in the Arctic. It also provides that the state shall protect the nation's maritime wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens. 4.The internal waters. + −. The right of innocent passage for foreign vessels within the territorial sea of a coastal State is defined as "navigation through the territorial sea for the purpose of (a) traversing that sea without entering internal waters or calling at a roadstead or port facility outside internal waters; or (b) proceeding to or from internal waters or a . He cited Article XII, Section 2 of the Charter, which states that: "The State shall protect the nation's marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens." "The Philippines has exclusive sovereign right to exploit all the fish, oil, gas and other mineral resources in its exclusive economic . Archipelagic waters are the waters inside and around an archipelago. Internal waters are all the waters that fall landward of the baseline, such as lakes, rivers, and tidewaters. Definition UN Convention, Article 86: "All parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State" 73. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. By this concept (archipelagic doctrine), an archipelago . The state has full sovereignty over these waters (like internal waters), but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters). He clarified that the EEZ is only an "economic right," while internal waters and territorial seas concern sovereignty and jurisdiction. Information and translations of internal waters in the most comprehensive dictionary definitions resource on the web. One of the major differences between the Territorial sea and the internal water is that there exists no right of innocent . Archipelagic Waters. It follows, therefore, that "historic waters" have no special legal status different from the categories which have long been recognized, that is, either internal waters or territorial sea (or the newly recognized archipelagic waters): in other words, "historic waters" as such did not and do not exist as an independent institution in the law of . The territorial sea is, like internal waters, a . archipelagic waters was introduced and increasingly recognized along with other ground breaking principles in international law. The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the UnitedStates; and second, that all the waters embraced within these imaginary lines are its . exercise their sovereignty includes internal waters, 12 archipelagic waters (only for an archipelagic states) 13 and territorial waters. ARCHIPELAGIC WATERS. 7. Exclusive Economic Zones - Boundaries. Internal waters are 'those waters which lie landward of the baseline from which the territorial sea is measured'. Archipelagic Waters. - The Archipelagic Waters of the Philippines refer to the 2 waters on the landward side of the archipelagic baselines except as provided for under Section 3 3 hereof. internal waters, archipelagic waters, and territorial seas of a State . Maldives).16 The Maritime Zones Act accounts for the Maldives' internal waters, archipelagic waters, territorial sea, contiguous zone and exclusive economic zone (EEZ).17 Additionally, the archipelagic base points have been specified in Schedule 1 of the Maritime Zones Act,18 and An archipelagic state is defined as a state constituted wholly by one or more archipelagos and may include other islands. Article 1 of the Philippine Constitution provides that "[t]he waters around, between, and . ; The term " neutral waters " is defined in paragraph 14 : " Neutral waters consist of the internal waters, territorial sea, and, where applicable, the archipelagic waters, of . Archipelagic waters. treatment of the waters enclosed by the baselines as internal waters instead of archipelagic waters, as provided for in the LOSC. kilometers . The maritime zones recognized under international law include internal waters, the territorial sea, the contiguous zone, the exclusive economic zone(EEZ), the continental shelf, the high seas and the Area.The breadth of the territorial sea, contiguous zone, and EEZ (and in some cases the continental shelf) is measured from the baseline determined in accordance with customary international law . Definition UN Convention, Article 86: "All parts of the sea that are not included in the exclusive economic zone, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State" 73. Internal Waters.-The Internal Waters of the Philippines refer to the: 10 (a) waters on the landward side of the archipelagic baselines not fonning part of Archipelagic 11 Waters under Section 4 hereof and delimited in accordance with Article 50 of the 1982 United 12 Nations Convention on the Law of the Sea (UNCLOS); and/or The state has full sovereignty over these waters very much similar to the internal waters . Territorial Seas (12NM) Contiguous Zones (24NM) Internal Waters. 3 The land area is taken from the Pacific Islands Yearbook, Thirteenth Edition, Sydney, 1978, p. 89. Consequently, there is no rights of passage of foreign ships over the internal waters, unless authority And lastly, the UNCLOS III and RA 9522 are not incompatible with the Constitution's delineation of internal waters. Internal Waters and Archipelagic Waters . 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. Measurements for the internal and archipelagic waters were made on Fiji Marine Spaces Chart 81/2. Internal Waters. Under UNCLOS III, an archipelagic State may have internal waters such as those enclosed by closing lines across bays and mouths of rivers (Article 50, UNCLOS III). A.) Internal waters are waters of lakes, rivers etc. The Philippines maintains the sui generis (unique) character of archipelagic waters as equivalent to the internal waters of continental coastal states. [Assent 31st December, 1993] [Commencement 4th January, 1996] 1. or as "archipelagic waters" under UNCLOS [art 49] the Philippines exercises sovereignty over the body of water lying . It defines a country's internal waters as waters facing towards the land except in archipelagic states, they include; small bays, canals and rivers. their breadth and dimensions, form part of the internal waters of the Philippines. [8] (Emphasis added.) Delimitation of internal waters. 14 The application of full sov - ereignty, however, only exists over the internal waters. of a new regime of mid-oceanic archipelagic states [articles 46-54]. Consequently, there is no rights of passage of foreign ships over the internal waters, unless authority introduction of the novel concept which forms the core of the archipelagic state doctrine, i.e., that all waters contained within baselines drawn around the outer-most islands of the archipelago are internal waters of the Republic of Indonesia, subject to its sovereignty with only a limited exception for innocent passage. Internal waters: Waters on the landward side of the archipelagic baselines not forming part of archipelagic waters under the section of the bill on archipelagic waters and delineated in accordance . The external territorial waters (territorial sea) are located between the exclusive economic zone and internal territorial waters. Whether referred to as Philippine internal waters under Article I of the Constitutionor as archipelagic waters under UNCLOS III (Article 49 [1]), the Philippines exercises sovereignty over the body of water lying landward of the baselines, including the air space over it and the submarine areas underneath. In various conferences of the United Nations on the Law of the Sea, the Philippines and other archipelago states proposed that an archipelagic state composed of groups of islands forming a state is a single unit, with the islands and the waters within the baselines as internal waters. Petitioners contend that RA 9522 transformed the internal waters of the Philippines to archipelagic waters hence subjecting these waters to the right of innocent and sea lanes passages, exposing the Philippine internal waters to nuclear and maritime pollution hazards. Lakes and rivers are considered internal waters. Petitioners contend that RA 9522 transformed the internal waters of the Philippines to archipelagic waters hence subjecting these waters to the right of innocent and sea lanes passages, exposing the Philippine internal waters to . The state has full sovereignty over these waters very much similar to the internal waters . Archipelago: A group of islands, including parts of islands interconnecting waters, and other natural features which are closed interrelated . States have the same sovereign jurisdiction over internal waters as they do over other territory. All waters, other than lawfully claimed archipelagic waters, landward of the baseline from which the territorial sea is measured. All waters inside this baseline is described as Archipelagic Waters and are included as part of the state's territory and territorial waters. archipelagic waters for the delimitation of the internal waters as defined in the Territorial Sea Act. Therefore, the Philippines' archipelagic baseline system set forth in R.A. 9522 appears to be consistent with Article 47 of the LOS Convention. The concept of archipelagic waters is similar to the concept of internal waters under the Constitution of the Philippines, and removes straits connecting these waters with the economic zone or high sea from the rights of foreign vessels to transit passage for international navigation. The Convention on International Civil Aviation, or the Chicago Convention, similarly states that . The main objectives of UNCLOS are: Facilitation of international communication, [45] Article 49. (2) The extent and the areas to which the existing The waters inward of the straight baseline, towards the direction of the islands, are called either "internal waters" or "archipelagic waters." The waters outward from the straight . (Art. 3.The terrestrial, fluvial and aerial domains including the territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas thereof; and. It legalizes the unity of land, water and people into a single entity. [8] (Emphasis added.) exercise their sovereignty includes internal waters, 12 archipelagic waters (only for an archipelagic states) 13 and territorial waters. If the country is an archipelago or has an archipelago under it, a baseline is drawn between the outermost points of the islands, provided that these islands are close to each other. archipelagic waters separately from territorial sea. Move mouse over map to determine position. found within the coastal state and those waters on the landward side of the baseline of a coastal state.. No Right of Innocent Passage There is no right of innocent passage in internal waters, as such right applies only to the territorial sea and the archipelagic waters. Schematic map of maritime zones. 3 The critical passage in the 1982 LOS Convention's provisions on archipelagic states comes in Article 46(b) "'[A]rchipelago' means a group of islands, including parts of islands, interconnecting waters and 4 Within the archipelagic waters, closing lines for the delimitation of internal water shall be EDUARDO ERMITA FACTS: The conversion of internal waters into archipelagic waters will not risk the Philippines because an archipelagic State has sovereign power that extends to the waters enclosed by the archipelagic baselines, regardless of their depth or distance from the coast. Article 46 of The United Nations Convention on the Law of the Sea of 1982 (UNCLOS 1982) treats "archipelago" as a group of islands, including parts of islands, interconnecting waters and other natural features which are so closely interrelated that such islands, waters and other natural features form an intrinsic . High Seas. The archipelagic doctrine is now incorporated in Chapter IV of the said convention. internal waters, since the sovereignty of the State over the internal waters is absolute or total sovereignty. If the country is an archipelago or has an archipelago under it, a baseline is drawn between the outermost points of the islands, provided that these islands are close to each other. While archipelagic waters, although subject to the archipelagic sovereignty of the Legal status of archipelagic waters, of the air space over archipelagic waters and of their heel and subsoil. 1.The Philippine archipelago with all the islands and waters embraced therein; 2.All other territories over which the Philippines has sovereignty or jurisdiction. PROF. MERLIN M. MAGALLONA VS. HON. And even if such portion does not lie in the 12-nautical-mile vicinity of the territorial sea but further inward, in Magallona v Ermita (see CMI564) this Court held that 'whether referred to as Philippine "internal waters" . Internal waters = 25,558 sq. (a) any illegal act of violence or detention, or any act of depredation, or threat thereof, other than an act of "piracy", committed for private ends and directed against a ship, or against persons or property on board such ship, within a State's internal waters, archipelagic waters and territorial sea; Click on the map to get feature info. Archipelagic waters = 130,470 sq. No country can claim any zone as per their wish, it has to be as per UNCLOS. III there was not reformulation of the provisions (Article 1, 1987 Philippine Constitution in relation to Article 47, LOSC) Philippine Territorial Boundaries Lowell Bautista . (Referred to by the government as The Canadian Internal . According to the United Nations Convention on the Law of the Sea, a nation's internal waters include waters on the side of the baseline of a nation's territorial waters that is facing toward the land, except in archipelagic states. The regimes of archipelagic waters and mid- ocean archipelagos are perhaps some of the most difficult and complex problems in international law considering that geopolitics, economics and security interests as well Waters inside outermost islands being connected by "archipelagic baselines are archipelagic waters 4. The sovereignty of a coastal State extends, beyond its land territory and internal waters and, in the case of an archipelagic State, its archipelagic waters, to an adjacent belt of sea, described . Archipelagic Water Article 1 of the 1987 Constitution said: "The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part . "The waters around, between and connecting the islands of the archipelago, regardless of their dimensions, form part of the internal waters of the Philippines." As an archipelagic state and a party to the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the Philippines has or may assert sovereignty over its internal waters, archipelagic waters, and territorial sea, limited enforcement jurisdiction in the contiguous zone, and sovereign rights and jurisdiction in the exclusive economic zone (EEZ) and the continental shelf.
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