56Maala, Michaela M.

BSBA FM1 G2

THE CONTEMPORARY WORLD: LESSON 8

CONTEMPLATE.

1. Does it possess all the elements mentioned?

The Philippines is a unitary presidential constitutional republic, with the President of the Philippines acting
as both the head of state and the head of government. It proclaimed its independence from the Spanish
Empire on June 12, 1898, following the culmination of the Philippine Revolution. It is a founding member
of both the United Nations (UN), and the Association of Southeast Asian Nations (ASEAN). It has
embassies and consulates in 62 countries around the world. The country’s primary exports include
electronics, semiconductors, transport equipment, construction materials, and minerals. As an open
economy, the Philippines trades with other economies around the world: it considers Japan, the United
States, China, South Korea, and Germany as its top export markets.

2. How do you say so?

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane
society, and establish a Government that shall embody our ideals and aspirations, promote the common
good, conserve and develop our patrimony, and secure to ourselves and our posterity, the blessings of
independence and democracy under the rule of law and a regime of truth, justice, freedom, love, equality,
and peace, do ordain and promulgate this Constitution.

3. Study three (3) existing states all over the world.

REPUBLIC OF VERMONT

Vermont is a state in the northeast New England region of the United States. Vermont is bordered by the
states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian
province of Quebec to the north. Admitted to the union in 1791 as the 14th state, it is the only state in New England
not bordered by the Atlantic Ocean. According to the 2020 U.S. census, the state has a population of 643,503,
[5]
 ranking it the second least-populated in the U.S. after Wyoming. It is also the nation's sixth-smallest state in
area. The state's capital Montpelier is the least-populous state capital in the U.S., while its most-populous
city, Burlington, is the least-populous to be a state's largest.

KINGDOM OF HAWAII

The Hawaiian Kingdom, or Kingdom of Hawaiʻi (Hawaiian: Ko Hawaiʻi Pae ʻĀina), was a sovereign state
located in the Hawaiian Islands. The country was formed in 1795, when the warrior chief Kamehameha the Great, of
the independent island of Hawaiʻi, conquered the independent islands of Oʻahu, Maui, Molokaʻi and Lānaʻi and unified
them under one government. In 1810, the whole Hawaiian
archipelago became unified when Kauaʻi and Niʻihau joined the Hawaiian Kingdom voluntarily. Two major dynastic
families ruled the kingdom: the House of Kamehameha and the House of Kalākaua.

REPUBLIC OF WEST FLORIDA

Before 1762, France owned and administered the land west of the Perdido River as part of La Louisiane. In
1762, France signed a secret treaty with Spain that effectively ceded all French lands west of the Mississippi River,
plus the Isle of New Orleans,[4] to Spain. At the end of the Seven Years' War in 1763, France ceded its remaining
lands east of the Mississippi River (which included the land between the Perdido and Mississippi Rivers) to Great
Britain, while Spain ceded its Florida territory to Britain.
State Recognition Doctrine Countries Disscusion

Wilson/Tobar Doctrine That treaty was based on the Tobar
Doctrine, named after its author Carlos
Tobar, ex–foreign min- ister of Ecuador.
The Tobar Doctrine asserted that any
government that came to power
through unconstitutional means should
not be recognized.
Betancourt Doctrine In turn, it cut diplomatic relations with
the governments of Spain, Cuba,
Dominican Republic, Argentina, Peru,
Ecuador, Guatemala, Honduras and
Haiti.
Lauterpacht Doctrine Recognition of states has always been
a contentious topic in international law
as it intricately revolves around politics,
international law, and municipal law.
When a new state comes into
existence, other states are confronted
with a problem of deciding whether or
not to recognize a new state.
Stimson Doctrine Therefore Secretary Stimson issued the
Stimson Doctrine in early 1932. This
Doctrine stated that the United States
would not recognize any treaty or
agreement between Japan and China
that violated U.S. rights or
agreements to which the United
States subscribed.
The Tobar Doctrine asserted that any
government that came to power
through unconstitutional means
should not be recognized. 7 The
update of the treaty in 1923 made more
specific requirements as to who could
be eligible to serve as leader in the
case of an unconstitutional change of
government.
The Rómulo Betancourt Doctrine is a
doctrine of foreign policy promoted by
the president of Venezuela Rómulo
Betancourt that establishes the rupture
of diplomatic relations with
governments without democratic and
dictatorial origins.
The Lauterpacht doctrine assumes
that the obligation of other states to
recognize states which have fulfilled
the objective criteria of statehood is
mandatory, even though most
instances of state practice do not
support this conclusion.
As Secretary of State from 1929-1933
under President Herbert Hoover, he
developed the Stimson Doctrine in
response to Japanese conquest of
China, stipulating that the United
States government would not recognize
international territorial changes enacted
through force.

COMMUNICATE.

Right of States Practices in the Philippines

The right to independence The right to independence is the right to be recognized a

full-fledged independent nation, eligible to join
international community as such. The right to equality is
right to be treated as an equal independent state regardle
of the size of the country.
The right to inequality The indigenous and Moro peoples have the right to equa
with all other peoples and against all forms of discriminati
They have the right to existence as distinct peoples free fr
assimilation as well as the right to resist developm
aggression, which threatens their survival as a community
The right to existence and self-defense Self-defense under Article 11, paragraph 1 of the Revis
Penal Code necessarily implies a deliberate and posit
overt act of the accused to prevent or repel an unlaw

The right to territorial integrity and jurisdiction
The right to legation
aggression of another with the use of reasonable mea
The accused has freedom of action. He is aware of
consequences of his deliberate acts.
The national territory comprises the Philippine archipela
with all the islands and waters embraced therein, and
other territories over which the Philippines has sovereig
or jurisdiction, consisting of its terrestrial, fluvial and ae
domains, including its territorial sea, the seabed, the subs
The right of legation, it is asserted, comprises the right
accredit its envoy to other states and the obligation
receive diplomatic representatives when accredited by tho
states.

CREATE.

DUAL CITIZEN ACT OF 2003

1. What are you talking about?

Republic Act 9225 (RA 9225) or the Citizenship Retention and Re-acquisition Act of 2003 (more popularly
known as the Dual Citizenship Law) allows natural-born Filipinos who have become naturalized citizens of
another country to retain or re-acquire their Filipino citizenship of another country to retain or re-acquire
their Filipino citizenship. Upon reacquiring Philippine citizenship, the citizens shall enjoy full civil and
political rights as Filipinos, subject to certain conditions.

2. Why do you say so?

Dual citizenship means that you have two citizenships at the same time as a result of the interaction of
the laws between two countries. A person can be a dual citizen by choice or by birth. An individual can be
considered a Philippine dual citizen by choice through the process of RA 9225 while a Philippine dual
citizen by birth is a natural-born Filipino who does not have to perform any action to acquire the
citizenships.

3. So what?

Dual citizenship only refers to those who have two citizenships at the same time. Those who possess
more than two citizenships are considered to have multiple citizenships .

COLLABORATE.
HOW PHILIPPINES PARTICIPATED IN SAID REFUGEE CRISIS

The Philippines has a long history of extending its kindness to successive waves of refugees fleeing
persecution since the end of World War I, and it continues to uphold this humanitarian tradition to support
the forcibly displaced today. In the several villages, the men and women abandoned their homes when
they first heard gunfire. Family members stood helpless as they watched their loved ones fall to bullets in
their once peaceful towns. This is how Yvette’s husband lost his life in Cameroon. This incident led Yvette
to become one of the millions who fled their homes because of an ongoing catastrophe. To help her
better adjust to a life in the Philippines, Yvette is taking computer training classes at San Beda University
along with other refugees. De La Salle University, too, has recently offered a scholarship for English
language training to a refugee, Sunshine. Investing in refugees’ education is the most powerful way we
can help them to be self-reliant. It is also central to the development of the places that have welcomed
them, and to the future prosperity of their own countries once they can return.

THE CONTEMPORARY WORLD: LESSON 9

CONTEMPLATE.

1)

1. a) Burma’s 222.3-mile long straight baseline

The average segment length is nearly 40 n.m. The maximum length is 222.3 n.m. which forms a closing
line for the Gulf of Martaban. At no point does the straight baseline exceed seaward of the continental
shelf of Burma. None of the base points are situated on the mainland of Burma. The average segment
length is nearly 40 n.m. The maximum length is 222.3 n.m. which forms a closing line for the Gulf of
Martaban. At no point does the straight baseline exceed seaward of the continental shelf of Burma. None
of the base points are situated on the mainland of Burma.

2. b) Vietnam's 161.3 mile-long line between Bay Can Islet and Hon Hai Islet

Vietnam drew the 161.3-mile long line between Bay Canh Islet and Hon Hai Islet (Phu Qui group of
islands), and the 161.8-mile long line connecting Hon Hai Islet and Hon Doi Islet. 32 Moreover, there is
no objective test which may identify the general direction of the coast.

3. Vietnam’s 161.8-mile long line between Hon Hai Islet and Hon Doi Islet

Established straight baselines and claimed substantial portion of Gulf of Tonkin as historic (internal)
waters. Claimed territorial seas, contiguous zones, continental shelves, and EEZs for islands and
archipelagoes beyond principal territorial sea. These claims are not recognized by the U.S. U.S.
protested claims in 1982 and 1987 and conducted operational.

2)
3) What did you observe from these maps and straight baselines?

These baselines, drawn between features and coastline to created straight lines, allow States to create
fixed points to deal with the wild distance variances caused by such features. Any sea between the coast
and the straight baseline is considered internal waters rather than territorial waters. The drawing of
straight baselines must not depart to any appreciable extent from the general direction of the coast, and
the sea areas lying within the lines must be sufficiently closely linked to the land domain to be subject to
the regime of internal waters.

COMMUNICATE.

1.

2.
3. What did you observe from this map and its archipelago baseline?

The Philippines has adopted two types of baselines from which its maritime zones — territorial sea,
contiguous zone, exclusive economic zone, and extended continental shelf — are measured. These two
baselines are the archipelagic baselines for the Philippine archipelago and the normal baselines for
offshore islands under the Regime of Islands of the UN Convention on the Law of the Sea (Unclos).
Republic Act No. 9522 delineates the segments of our archipelagic baselines, the distances between
segments, their basepoints and geographical coordinates — all comprising the fundamental system for
our archipelagic baselines. RA 9522 also identifies our two island territories that are governed by the
Regime of Islands, namely the Kalayaan Island Group (KIG) and Scarborough Shoal.

THE CONTEMPORARY WORLD: LESSON 9

COLLABORATE AND CREATE.

1. A) Archipelagic Baselines 2. B) Territorial Sea 3. C) Exclusive Economic Zone

4.

D) Continental Shelf 5. E) High Seas

2.
 3. The drawing of archipelagic baselines requires legislation because the fixing of the segments and
basepoints to maximize our archipelagic waters is a state policy issue which falls under the
legislative power of Congress. The drawing of normal baselines to maximize our internal waters
where low-tide features exist also requires legislative authority. That legislative authority is
embodied in Unclos, which the Philippines ratified in 1984 and now forms part of Philippine
domestic law. Article 5 of Unclos provides that “the normal baseline xxx is the low-water line
along the coast as marked on large-scale charts officially approved by the coastal state.”
Under Article 121 of Unclos, the determination of the baselines of geologic features under the
Regime of Islands shall be the same as that “applicable to other land territory,” which means the
normal baselines under Article 5 or 6 of Unclos. Since Unclos forms part of Philippine domestic
law, we have already an existing law authorizing the drawing of normal baselines for the KIG
islands and Scarborough Shoal. There is absolutely no need for new legislation to draw the
baselines for the KIG islands and Scarborough Shoal. All that is needed is for the relevant
Philippine agency to issue the nautical charts showing the normal baselines of the KIG islands
and Scarborough Shoal.

COLLABORATE.

1. On July 12, 2016, the arbitral tribunal adjudicating the Philippines’ case against China in
the South China Sea ruled overwhelmingly in favor of the Philippines, determining that
major elements of China’s claim—including its nine-dash line, recent land reclamation
activities, and other activities in Philippine waters—were unlawful. Predictably, China
reacted negatively to the ruling, maintaining it was “null and void.” China may take
assertive and inflammatory steps to defend its position. The extent to which China abides
by the ruling in the long term, and to which the international community supports and
seeks to enforce the ruling, will have consequences for the utility of international law as a
tool to ensure the peaceful, stable, and lawful use of the seas going forward.

2. (1) On 22 January 2013, the Philippines instituted arbitral proceedings against China in a dispute
concerning their respective “maritime entitlements” and the legality of Chinese activities in the
South China Sea. (2) In China’s view, the Arbitral Tribunal did not have jurisdiction in the case
because China’s acceptance of dispute settlement under the UN Convention on the Law of the
Sea (UNCLOS) – the basis put forward by the Philippines – was limited and excluded sea
boundary delimitations and the determination of historic titles. (3) China has continuously refused
either to accept or to participate in the arbitral proceedings initiated by the Philippines.

3. An Arbitral Tribunal constituted under the 1982 Law of the Sea Convention delivered a
unanimous decision, which is final and binding on the Philippines and the PRC. In its ruling, the
Tribunal firmly rejected the PRC's expansive South China Sea maritime claims as having no
basis in international law. On July 12, 2016, the arbitral tribunal adjudicating the Philippines' case
against China in the South China Sea ruled overwhelmingly in favor of the Philippines,
determining that major elements of China's claim—including its nine-dash line, recent land
reclamation activities, and other activities in Philippine waters