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islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. 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. All the waters around, between and connecting the various islands of the Philippine Archipelago, irrespective of their width or dimension, have always been considered as necessary appurtenances of the land territory, forming part of the inland or internal waters of the Philippines. All the waters beyond the outermost islands of the archipelago but within the limits of the boundaries set forth in the aforementioned treaties comprise the territorial sea of the Philippines. The baselines from which the territorial sea of the Philippines is determined consist of straight lines joining the appropriate points of the outermost islands of the archipelago (straight baseline method); ARCHIPELAGIC DOCTRINE. Outermost points of the archipelago shall be connected by straight baselines and all islands and waters therein are regarded as one integrated unit. P.D. No. 1599 (Establishing an Exclusive Economic Zone and For Other Purposes), promulgated on June 11, 1978. There is established an exclusive economic zone extending "to a distance of two hundred nautical miles beyond and from the baselines from which the territorial sea is measured. Provided, That, where the outer limits of the zone as thus determined overlap the exclusive economic zone of an adjacent or neighboring state, the common boundaries shall be determined by agreement with the state concerned or in accordance with pertinent generally recognized principles or international law on delimitation." (Sec. 1 thereof.) Other states shall enjoy in the exclusive economic zone freedoms with respect to navigations and overflight, the laying of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and communications. (Sec. 4 thereof.) Purposes: 1. Sovereign rights to explore, exploit, conserve and manage the natural resources, living or non-living, renewable or non-renewable of the seabed, subsoil, and superadjacent waters. Economic exploitation and exploration of the resources of the zone such as the production of energy from the water, currents and winds. 2. Exclusive rights and jurisdiction with repect to the establishment and utilization of artificial islands, off-shore terminals, installations and structures; the preservation of the marine environment, including the prevention and control of pollution and scientific research. 3. Such other rights as are recognized by international law. Other states are prohibited from using the zone to: 1. Explore or exploit any resources; 2. Carry out any search, excavation or drilling operations; 3. Conduct any research; 4. Construct or operate any artificial island, off-shore terminal, installation, or other structure; 5. Perform any activity which is contrary to, or in derogation of, the sovereign rights and jurisdiction herein provided. Other states are allowed to use the zone for: 1. Navigation and overflight; 2. Laying of submarine cable and pipelines; 3. Other lawful uses related to navigation and communication. In case of overlapping of EEZs, the common boundaries are to be detemined by (i) agreement and (ii) international rules on delimitations. UN Convention on the Law of the Sea (30 April 1982.) The exclusive economic zone which shall not extend beyond 200 nautical miles from baselines from which the breadth of the territorial sea is measured, is recognized in the UNCLOS, of which the Philippines is a signatory. Its concept is that although it is not part of the territory, exclusive economic benefit is reserved for the country. Right of Innocent Passage. The right of all ships to engage in continuous and expeditious surface passage through the territorial sea and archipelagic waters of foreign coastal states in a manner not prejudicial to its peace, good
Hot pursuit also exists if pursuit commences within the contiguous or exclusive economic zones or on the continental shelf of the pursuing state. continues without interruption. Contiguous zone 1. 2. 2. or territorial airspace of the pursuing state and continued without interruption beyond the territory. but only if incidental to ordinary navigation or necessary by force majeure or distress. or airspace. installations and structures. (b) if the crime is of a kind to disturb the peace of the country or the good order of the territorial sea. This definition does not imply that force may or may not be used in connection with hot pursuit. the coastal State has: (a) sovereign rights for the purpose of exploring and exploiting. the coastal State shall have due regard to the rights and duties of other States and shall act in a manner compatible with the provisions of this Convention. The rights set out in this article with respect to the seabed and subsoil shall be exercised in accordance with Part VI. territorial sea. internal waters. jurisdiction and duties of the coastal State in the exclusive economic zone 1.the exclusive right of a country to control the air traffic within its borders Territorial Jurisdiction which is the authority over persons and properties within the territorial boundaries. Criminal jurisdiction on board a foreign ship. the archipelagic waters. Passage includes stopping and anchoring. and with regard to other activities for the economic exploitation and exploration of the zone. currents and winds. the territorial sea. 3. 2. save only in the following cases: (a) if the consequences of the crime extend to the coastal State. described as the contiguous zone.order. In the exclusive economic zone. Cabotage . whether living or non-living. Rights. The coastal State may not levy execution against or arrest the ship for the purpose of any civil proceedings. Right of Hot Pursuit. The coastal State should not stop or divert a foreign ship passing through the territorial sea for the purpose of exercising civil jurisdiction in relation to a person on board the ship. (c) other rights and duties provided for in this Convention. In a zone contiguous to its territorial sea. (c) if the assistance of the local authorities has been requested by the master of the ship or by a diplomatic agent or consular officer of the flag State. or aircraft in danger or distress. and is undertaken based on a violation of the rights for the protection of which the zone was established. The right of hot pursuit ceases as soon as the ship or hostile force pursued enters the territory or territorial sea of its own state or of a third state. Principle of Exterritoriality. . such as the production of energy from the water. conserving and managing the natural resources. of the waters superjacent to the seabed and of the seabed and its subsoil. Civil jurisdiction in relation to foreign ships 1. The criminal jurisdiction of the coastal State should not be exercised on board a foreign ship passing through the territorial sea to arrest any person or to conduct any investigation in connection with any crime committed on board the ship during its passage. ships. Pursuit commenced within the territory. Principle of Extraterritoriality. or (d) if such measures are necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances. fiscal. NOTE: This term applies only to law enforcement activities. In exercising its rights and performing its duties under this Convention in the exclusive economic zone. save only in respect of obligations or liabilities assumed or incurred by the ship itself in the course or for the purpose of its voyage through the waters of the coastal State. the coastal State may exercise the control necessary to: (a) prevent infringement of its customs. is the fiction in international law by virtue of which certain foreign persons and their things are exempted from the jurisdiction of a State on the theory that they form an extension of the territory of their own State. immigration or sanitary laws and regulations within its territory or territorial sea (b) punish infringement of the above laws and regulations committed within its territory or territorial sea. (b) jurisdiction as provided for in the relevant provisions of this Convention with regard to: (i) the establishment and use of artificial islands. Personal Jurisdiction which in the sense is its authority over its nationals who are now in foreign territory. or security. The contiguous zone may riot extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured. Applies to embassies only and not based on treaty but international custom. or for the purpose of rendering assistance to persons. (iii) the protection and preservation of the marine environment. (ii) marine scientific research.
an exemption which can exist only by virtue of a treaty stipulation to this effect. granted to the nation which receives from it the most favorable terms in respect of those matters. or 5. 3. should commit an offense in the exercise of their functions. While being public officers or employees. It is used most frequently in treaties regarding the terms of trade between countries. An act or omission in violation of international law. its interior waters and maritime zone. Should forge or counterfeit any coin or currency note of the Philippine Islands or obligations and securities issued by the Government of the Philippine Islands. often inserted in treaties. the provisions of this Code shall be enforced not only within the Philippine Archipelago. 2. 4. Doctrine of State Imputability. Should commit any of the crimes against national security and the law of nations. or may be thereafter. including its atmosphere. A clause. .is the exemption of foreign person from the laws and jurisdiction of the State in which they presently reside. by which each of the contracting nations binds itself to grant to the other in certain stipulated matters the same terms as are then. Should commit an offense while on a Philippine ship or airship 2. Most-favored-nation clause. against those who: 1. Application of its provisions. Said act or omission must be imputable to the State itself as a consequence of the direct acts of its responsible officials. 3. Art. Except as provided in the treaties and laws of preferential application. defined in Title One of Book Two of this Code. but also outside of its jurisdiction. as regarding tariffs and non-tariff barriers to trade. 2. Should be liable for acts connected with the introduction into these islands of the obligations and securities mentioned in the presiding number. A State may be held liable for a denial of justice to an alien if the following requisites are present: 1.
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