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The Republic of the Philippines had claimed many lands throughout its history. These include the Spratly Islands, Sabah, Scarborough Shoal, Benham Plateau, Palmas or Miangas Island, the Sangir Islands, Orchid Island, Marianas Islands and Caroline Islands.
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1 Spratly Islands 2 Sabah 3 Scarborough Shoal 4 Palmas or Miangas Island 5 References 6 External links
 Spratly Islands
Philippines claim 52 features in the Spratly Island Group. Among these, Philippines were only able to occupy 7 islands and 2 reefs. These include Thitu (Pagasa) island (2nd largest), West York (Likas) island (3rd largest), Northeast (Parola) cay (5th largest), Nanshan (Lawak) island, Loaita (Kota) island, Flat (Patag) island, Lankiam (Panata) cay, Commodore (Rizal) reef, Irving (Balagtas) reef and Second Thomas (Ayungin) reef. Other features claimed by the Philippines were either occupied by Vietnam, China, Taiwan or Malaysia or unoccupied by any other countries. Parts of Spratly Islands group that is not claimed by the Philippines are those that are near to Vietnam. The farthest feature that they claim is Ladd Reef which is nearer to and occupied by Vietnam. Philippines established a municipality named Kalayaan under the province of Palawan for all the features they occupied. See Spratly Islands for more details.
the Philippines sent delegations to London reminding the British Crown that Sabah belonged to the Philippines. The nearest landmass is Palauig town. Luzon Island. Both referendums recorded 70% of Sabahan population voting for Sabah to be part of Malaysia. an Austrian who was then the Austro-Hungarian Empire's consul-general in Hong Kong." Malaysia was federated in 16 September 1963. Von Overbeck procured the necessary firearms and also paid the Muslim dignitary an annual sum equivalent to 5. However. is currently disputed between Malaysia and the Philippines. Malaysian control was further strengthened by two referendums: the first facilitated by the United Nations-backed Cobbold Commission. The British Crown renewed the lease on 15 July 1946. and reefs than a shoal.The status of the territory of Sabah. The key word in the agreement was "padjak. the United States formally reminded Great Britain that North Borneo did not belong to the Crown and was still part of the Sultanate of Sulu. Sultan Jamalul Alam. Sabah is one of the states that formed Malaysia in 1963. . with only 221 kilometers. In 1906 and in 1920. and later via the British North Borneo Company. "all other areas which belong to the Philippines on the basis of historical rights or legal claims. atolls. Even before Sabah was incorporated into Malaysia. the British did turn Sabah into a Crown leased Colony. but finally ceded Sabah to Malaysia on 16 September 1963. is located in the Luzon Sea or South China Sea. leased the territory of North Borneo to Gustavus von Overbeck. the ruler of Sulu. On 23 January 1878. among other things. in exchange for modern weapons with which to keep Spanish colonizers away from the Sulu Archipelago. from February to April 1962 and the second before the formation of Malaysia in September 1963. Presently. Despite that. more correctly described The Scarborough Shoal or Panatag Shoal or Huangyan Island ( as a group of islands.  Scarborough Shoal ). Malaysia insists that Sabah is under the sovereignty of Malaysia based on the fact that under agreements that Baron von Overbeck and Alfred Dent secured with the Brunei Sultanate on 29 December 1877 and the Sulu Sultanate on 22 January 1878. Zambales province. This was accomplished via a trading company belonging to von Overbeck's British partner Alfred Dent. the Philippines and the heirs of the Sultanate of Sulu have made claims to the territory though the claim is currently dormant. Malaysia is still believed to be paying the annual rent to the Sultan of Sulu. The Philippine Constitution of 1941 states that the national territory of the Philippines included." which has been translated by American. It is about 123 miles west of Subic Bay." The agreement further states explicitly that the rights to the territory may not be transferred to a nation or another company without the sultan's expressed permission.000 Malaysian dollars (now known as ringgit). previously known as North Borneo. the sultanate of Sulu agreed to lease Sabah to Malaysia. Dutch and Spanish linguists to mean "lease" or "arrendamiento.
Spain ceded the Philippines to the United States and Palmas sat within the boundaries of that cession to the U. The Chinese basis for claim is that the shoal would have been first discovered by Chinese in the 13th century and historically used by Chinese fishermen. The United States argued that Spain acquired title to Palmas when Spain discovered the island and the island was terra nullius. The question the arbitrator was to resolve was whether the Island of Palmas (Miangas). In 1898. its Exclusive Economic Zone (EEZ). 1925 DECIDES that : THE ISLAND OF PALMAS (or MIANGAS) forms in its entirety a part of the Netherlands territory done at The Hague. because it was a part of the Philippines.  Palmas or Miangas Island It involved a territorial dispute over the Island of Palmas (or Miangas) between the Netherlands and the United States which was heard by the Permanent Court of Arbitration.S.Both the Philippines and the People's Republic of China claim it. Spain's title to the island. Many Chinese fishermen were already[when?] arrested here by the Philippine Navy for using illegal fishing methods and catching of endangered sea species. Arbitrator Michiels van Verduynen. 1925. a Swiss national. three-quarters of a mile in width. The arbitrator in the case was Max Huber. The Philippines base their claim on its proximity. the United States discovered that the Netherlands also claimed sovereignty over the island and the two parties agreed to submit to binding arbitration to resolve the dispute on January 23. In 1906. in its entirety. Secretary-General In the first of the United States' two arguments. The island is located between Mindanao. was a part of the territory of the United States or the Netherlands. Spain. and the principle of terra nullius (which can only be valid if no one ever owned it before). this fourth day of April 1928 Max Huber. The arbitrator ruled in favor of the Netherlands' position and stated that the Netherlands held actual title to Palmas: For these reasons The Arbitrator in conformity with Article I of the Special Agreement of January 23. Philippines and the northernmost island. known as Nanusa. was then ceded to the United States in the Treaty of Paris (1898) after Spain's defeat in the Spanish-American War. and had a population of about 750 when the decision of the arbitrator was handed down. the United States argued that it held the island because it had received actual title through legitimate treaties from the original "discoverer" of the island. The arbitrator noted that no new international law invalidated the legal transfer of territory via cession. Palmas. of what was the former Netherlands East Indies. . It is two miles in length. is an island of little economic value or strategic location. This case is one of the most highly influential precedents dealing with island territorial conflicts. also referred to as Miangas.
several Philippine legislators claim that the island cannot be part of Indonesia today because the ethnic group living in this island is far more related to the Sarangani people of Mindanao than any ethnic group in Indonesia. The arbitrator held that mere proximity was not an adequate claim to land noted that if the international community followed the proposed United States approach. title based on contiguity has no standing in international law. for a sovereign to maintain its initial title via discovery. Additionally. and the discoverer does not contest this claim. Finally. However. However. The arbitrator concluded that Spain held an inchoate title when Spain ³discovered´ Palmas. the arbitrator said that the discoverer had to actually exercise authority. even if it were a simple an act as planting a flag on the beach. (and the arbitrator required that the claim had to be open and public and with good title). than there would have been conflicts between the two countries but none are provided in the evidence. The arbitrator said there was no positive international law which favored the United States' approach of terra firma. Their language is also similar. including a requirement of Protestantism and the denial of other nationals on the island. . Under the Palmas decision. the Netherlands showed that the East India Company had negotiated treaties with the local princes of the island since the 17th century and had exercised sovereignty. the claim by the sovereign that exercises authority is greater than a title based on mere discovery. The United States also argued that Palmas was United States territory because the island was closer to the Philippines than to Indonesia. the arbitrator noted that Spain could not legally grant what it did not hold and the Treaty of Paris could not grant to the United States Palmas if Spain had no actual title to it. In this case. The Netherlands' primary contention was that it held actual title because the Netherlands had exercised authority on the island since 1677. it would lead to arbitrary results. title by discovery is only an inchoate title. Spain did not exercise authority over the island after making an initial claim after discovery and so the United States' claim was based on relatively weak grounds. which was then held by the Netherlands East Indies. three important rules for resolving island territorial disputes were decided: Firstly. where the nearest continent or island of considerable size gives title to the land in dispute.However. The arbitrator pointed out that if Spain had actually exercised authority. there was no evidence that Palmas was a part of the judicial or administrative organization of the Spanish government of the Philippines. if another sovereign begins to exercise continuous and actual sovereignty. The arbitrator noted that the United States had failed to show documentation proving Spanish sovereignty on the island except those documents that specifically mentioned the island's discovery. Secondly. However. up to this day. 22222222222222222222222222222222222222222222222222 Section 1 needs to be upheld.
including the territorial sea.org [Improve] . Get Free DVD & Info Kit YouthForHumanRights. the Social Service Corporation in 1977 and the School Services in 2000. the territories of Guam.It states that all other territories belonging to the Philippines by historic or legal title. The Salvation Army was incorporated in 1963. This clearly includes the territory of Sabah. Korean. Home League Programme Aids 22222222222222222222222222222222222222222222222222222222 What constitutes the national territory of the philippines? In: History Politics and Society. Ilocano. Country included in territory: The Philippines µThe Salvation Army¶ in Filipino: Hukbo ng Hukbong Kaligtasan. Philippines. Waray Periodicals: War Cry. the subsoil etcetera etcetera. and the Marianas Islands were also part of the territory that was "Las Islas Filipinas" In some maps of the Spanish Empire. In addition. in Ilocano: Buyot ti Salakan Languages in which the gospel is preached: Antiqueño (Kinaray-a). Bicolano. Bagobo. Visayas & Mindanao 22222222222222222222222222222222222222222222222222 Filipinos who had been converted through contact with The Salvation Army in Hawaii returned to their homeland and during the period 1933-37 commenced meetings in Panay. In June 1937 Colonel and Mrs Alfred Lindvall officially inaugurated this widespread work. 22222222222222222222222222222222222222222222222222222222222222222 all the lands (habited or inhabited) and bodies of water in or around the areas of Luzon. Filipino Focus. T¶boli. SAMF Newsletter. Pangasinan. Cebu and Mindanao Islands. The territory of the Philippines even dared to include all of Borneo. Which has been part of Las Islas Filipinas since the Spanish Colonial Epoch. English. Filipino (Tagalog). Hiligaynon (Ilonggo). Luzon. Cebuano. National Parks Reserves and Monuments [Edit categories] Human Rights Education Raise Human Rights Awareness To Our Youth. the air space.
from the one hundred and eighteenth (118th) to the one hundred and twenty-seventh (127th) degree meridian of longitude east of Greenwich. and other submarine areas. fluvial and aerial domains. the seabed. and all other territories over which the Philippines has sovereignty or jurisdiction. July 13. the subsoil. from part of the internal waters of the Philippines 2222222222222222222222222222222222222222222222222222 Sunday. with all the islands and waters embraced therein. and comprehending the islands lying within the following line: A line running from west to east along or near the twentieth parallel of north latitude. including its territorial sea. consisting of its terrestrial. the connecting the islands of the archipelago. it's national territory covers all lands within the Philippines including the ocean waters extending from it's coast line out to 3 miles into the open sea. the Philippines was ceded by Spain to America and sealed the agreement through the Treaty of Paris. 2222222222222222222222222222222222222222222222222222222222222222222222222 Definition of the Philippine territory according to Philippine constitution 1987? The national territory comprises the Philippine archipelago. thence along the parallel of four degrees and forty five minutes (4 [degree symbol] 45') north latitude to its intersection with the meridian of longitude one hundred and nineteen degrees and thirty five minutes (119 [degree symbol] 35') east of Greenwich. regardless of their breadth and dimensions.Unless the Philippines has extended it's territorial boundaries. 1898. and through the middle of the navigable channel of Bachi. It is in this document that the Philippine territory was defined in Article III. the insular shelves. The waters around between. 2008 Territory of the Philippines On December 10. thence along the meridian of longitude one hundred and nineteen degrees and . to wit: Spain cedes to the United States the archipelago known as the Philippine Islands. thence along the one hundred and twenty seventh (127th) degree meridian of longitude east of Greenwich to the parallel of four degrees and forty five minutes (4 [degree symbol] 45']) north latitude.
thirty five minutes (119 [degree symbol] 35') east of Greenwich to the parallel of latitude seven degrees and forty minutes (7 [degree symbol] 40') north. entry into force: 10 September 1964 Convention on the Continental Shelf. the subsoil. thence along the parallel of latitude of seven degrees and forty minutes (7 [degree symbol] 40') north to its intersection with the one hundred and sixteenth (116th) degree meridian of longitude east of Greenwich. is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS III). Land Territory (Terrestrial Domain) The territorial domain refers to the land mass. to wit: The national territory comprises the Philippine archipelago. To date 155 countries and the European Community have joined in the Convention. and all other territories over which the Philippines has sovereignty or jurisdiction. and other submarine areas. a year after Guyana became the 60th state to sign the treaty.000) within three months after the exchange of the ratifications of the present treaty. Territory is defined as the fixed portion on the surface of the earth on which the State settles and over which it has supreme authority. establishing guidelines for businesses. which took place from 1973 through 1982. thence by a direct line to the intersection of the tenth (10th) degree parallel of north latitude with the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich. or partly bound by water or consist of one whole island. consisting of its terrestrial. the environment.namely : Convention on the Territorial Sea and Contiguous Zone. fluvial and aerial domains. fluvial. also called the Law of the Sea Convention and the Law of the Sea Treaty (or LOST by its critics). The Convention concluded in 1982 replaced four 1958 treaties. the seabed. and connecting the islands of the archipelago. The components of the territory of the state are the terrestrial. entry into force: 20 March 1966 UNCLOS came into force in 1994. entry into force: 30 September 1962 Convention on Fishing and Conservation of Living Resources of the High Seas. The waters around. like the Philippines. form part of the internal waters of the Philippines. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the world's oceans. the insular shelves. including its territorial sea. It may also be composed of several islands. with all the islands and waters embraced therein. maritime and aerial domains. entry into force: 10 June 1964 Convention on the High Seas.000. and thence along the one hundred and eighteenth (118th) degree meridian of longitude east of Greenwich to the point of beginning. which may be integrate or dismembered. and the management of marine natural resources. Maritime Territory (Fluvial and Maritime Domain) The United Nations Convention on the Law of the Sea (UNCLOS). The United States has . which are also known as mid-ocean archipelagos as distinguished from the coastal archipelagoes like Greece. between. The United States will pay to Spain the sum of twenty million dollars ($20. The 1987 Constitution defines the Philippine territory in Article I. regardless of their breadth and dimensions.
Guyana. which is not prejudicial to the peace. and use any resource. exclusive economic zones (EEZs). and in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York. subject to these points being sufficiently close to one another. regulate use. In an attempt to reduce the possibility of groups of nation-states dominating the negotiations. the coastal state is free to set laws. 1994. The resulting convention came into force on November 16. . measured from a carefully defined baseline.) The areas are as follows: A. The convention introduced a number of provisions. polluting. Vessels were given the right of "innocent passage" through any territorial waters. straight baselines may be used. the conference used a consensus process rather than majority vote. the International Whaling Commission. and the International Seabed Authority (the latter being established by the UN Convention). a role played by organizations such as the International Maritime Organization. (Normally. The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo. the UN has no direct operational role in the implementation of the Convention. with strategic straits allowing the passage of military craft as "transit passage". Nations can also temporarily suspend innocent passage in specific areas of their territorial seas. The most significant issues covered were setting limits. however. it is now regarded as a codification of the Customary international law on the issue. and settlement of disputes. which also defines how the state can draw its territorial borders. All waters inside this baseline will be Archipelagic Waters and included as part of the state's internal waters. The convention set the limit of various areas. of Malta. B. However. Territorial waters Out to 12 nautical miles from the baseline. Foreign vessels have no right of passage within internal waters.signed the treaty. and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner. continental shelf jurisdiction. in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. scientific research. and use any resource. Fishing. protection of the marine environment. There is. deep seabed mining. the exploitation regime. weapons practice. and spying are not innocent". Internal waters Covers all water and waterways on the landward side of the baseline. but the Senate has not ratified it. regulate use. Archipelagic waters The convention set the definition of Archipelagic States in Part IV. C. The coastal state is free to set laws. one year after the sixtieth state. has fringing islands or is highly unstable. if doing so is essential for the protection of its security. good order or the security of the coastal state. a sea baseline follows the low-water line. archipelagic status and transit regimes. With more than 160 nations participating. the conference lasted until 1982. A baseline is drawn between the outermost points of the outermost islands. navigation. While the Secretary General of the United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention. but when the coastline is deeply indented. signed the treaty.
Landlocked states are given a right of access to and from the sea. State s continental shelf may exceed 200 nautical miles until the natural prolongation ends. Sec 1 of the 1987 Constitution (see above). Exclusive economic zones (EEZs) Extend 200 nautical miles from the baseline.D. and also creates an innovative legal regime for controlling mineral resource exploitation in deep seabed areas beyond national jurisdiction. or 100 nautical miles beyond 2. Continental shelf The continental shelf is defined as the natural prolongation of the land territory to the continental margin s outer edge.100) should be considered one integrated whole instead of being fragmented into separate units each with its own territorial sea. or 200 nautical miles from the coastal state s baseline. Contiguous zone Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit. and by 1970 it was technically feasible to operate in waters 4000 metres deep. the contiguous zone. through an International Seabed Authority. Foreign states may also lay submarine pipes and cables. the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas. in defining the internal waters of the archipelago. This is articulated in the second sentence of Article I. straight baselines should be drawn to connect appropriate points of the outermost islands without departing to radically from the general direction as one whole territory. but it may never exceed 350 nautical miles. Hence. Our position is that our islands (as many as 7. without taxation of traffic through transit states. The Philippine position of on the definition of its internal waters is commonly known as the archipelago doctrine. in which a state could continue to enforce laws regarding activities such as smuggling or illegal immigration. E. Arial Domains This refers to the air space above the land and waters of the State.500 meters. Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf. The Convention on International Civil . whichever is greater. to the exclusion of others. F. the coastal nation has sole exploitation rights over all natural resources. The archipelago doctrine has been embodied in the 1982 Convention of the Law of the Sea. with the modification that archipelagic sealanes shall be designated over the internal waters through which foreign vessels shall have the right of passage.500 meter isobath. Within this area. The waters inside these baselines shall be considered internal and thus not subject entry by foreign vessels without consent of the local state. subject to the regulation of the coastal states. Foreign nations have the freedom of navigation and overflight. although oil was also becoming important. which is a line connecting the depth of 2. It establishes an International Seabed Authority (ISA) to authorize seabed exploration and mining and collect and distribute the seabed mining royalty. The EEZs were introduced to halt the increasingly heated clashes over fishing rights. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world. Part XI of the Convention provides for a regime relating to minerals on the seabed outside any state's territorial waters or EEZ. Aside from its provisions defining ocean boundaries.
Sovereignty : The contracting States recognize that every State has complete and exclusive sovereignty over the airspace above its territory. 1967. Illinois. However. States have the right to launch satellites in orbit over the territorial space of other States. including the Moon and Other Celestial Bodies. aircraft registration and safety. protection or mandate of such State. installing them on the Moon or any other celestial body. and details the rights of the signatories in relation to air travel. II of the Treaty states. The Convention also exempts air fuels from tax. Among its principles. The rules governing the high seas also apply to outer space. As of January 2007. and the Soviet Union on January 27. including the Moon and other celestial bodies. Under customary international law. The Convention defines the supreme authority of each state to its airspace. formally known as the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space. a consultation clause was inserted in Article IX of the Outer Space Treaty: "A State Party to the Treaty which has reason to believe that an activity or . and fortifications (Art.Aviation. or by any other means". also known as the Chicago Convention. shall require authorization and continuing supervision by the appropriate State Party to the Treaty" and that States Parties shall bear international responsibility for national space activities whether carried out by governmental or non-governmental entities. stating that "the activities of non-governmental entities in outer space. including the moon and other celestial bodies. is not subject to national appropriation by claim of sovereignty. 1967. it bars States Parties to the Treaty from placing nuclear weapons or any other weapons of mass destruction in orbit of Earth. established the International Civil Aviation Organization (ICAO).IV). that "outer space. The Outer Space Treaty. or establishing military bases. a specialized agency of the United Nations charged with coordinating and regulating international air travel. the Treaty does not prohibit the placement of conventional weapons in orbit. conducting military maneuvers. The Outer Space Treaty represents the basic legal framework of international space law. while another 27 have signed the treaty but have not yet completed ratification. to wit: Article 1. since they are province of mankind. Following discussions arising from Project West Ford. The treaty explicitly forbids any government from claiming a celestial resource such as the Moon or a planet. suzerainty. Article VI of the Outer Space Treaty deals with international responsibility. It exclusively limits the use of the Moon and other celestial bodies to peaceful purposes and expressly prohibits their use for testing weapons of any kind. Art. by means of use or occupation. The Convention establishes rules of airspace. which is considered res communes. or to otherwise station them in outer space. installations. The pendant for giving up sovereignty in outer space is the jurisdiction and control that the State that launches a space object retains.Territory : For the purposes of this Convention the territory of a State shall be deemed to be the land areas and territorial waters adjacent thereto under the sovereignty. and entered into force on October 10. is a treaty that forms the basis of international space law. The treaty was opened for signature in the United States. in fact. 98 countries are states-parties to the treaty. the United Kingdom. Article 2. The document was signed on December 7. According to Manfred Lachs jurisdiction and control is giving the means to the State to conduct a mission of space exploration. Relevant provisions of the convention relates to such recognition and the elements of a state s territory. by 52 signatory states. 1944 in Chicago.
including the Moon and other celestial bodies.experiment planned by another State Party in outer space. and may be used by every member of the group. the connecting the islands of the archipelago. Article Article Article Article Article Article Article Article II III IV V VI VII VIII IX Article X Declaration of Principles and State Policies Bill of Rights Citizenship Suffrage Legislative Department Executive Department Judicial Department Constitutional Commission A. the insular shelves. in the way that the law of the sea prevents anyone owning the sea. the seabed. This is often disputed by those who claim the ability to sell property rights on the Moon and other bodies. Common Provisions B. with all the islands and waters embraced therein. The Commission on Audit Local Government General Provisions . but cannot be appropriated by anyone (the concept is also applied to International Waters] The effect of the Outer Space Treaty is to restrict control of private property rights. 2222222222222222222222222222222222222222222222222222222222222 The 1987 Constitution of the Republic of the Philippines ARTICLE I NATIONAL TERRITORY The national territory comprises the Philippine archipelago. regardless of their breadth and dimensions. The Commission on Elections D. from part of the internal waters of the Philippines. consisting of its terrestrial. fluvial and aerial domains." Experts of international space law state that the Moon falls under the legal concept of res communis. but the dispute has never been tested in a court of law. including the Moon and other celestial bodies. may request consultation concerning the activity or experiment. the subsoil. would cause potentially harmful interference with activities in the peaceful exploration and use of outer space. including its territorial sea. and all other territories over which the Philippines has sovereignty or jurisdiction. The Civil Service Commissions C. and other submarine areas. which means that it belongs to a group of people. The waters around between.
Arts Culture and Sports Article XV The Family Article XVI General Provisions Article XVII Amendments or Revisions Article XVIII Transitory Provisions Ordinance Article XI Article XII Article XIII . Science and Technology.Autonomous Regions Accountability of Public Officers National Economy and Patrimony Social Justice and Human Rights Labor Agrarian and Natural Resources Reform Urban Land Reform and Housing Health Women Role and Rights of People's Organization Human Rights Article XIV Education.