Claim of the Philippines Towars Spratly Islands
nm PHILIPPINE CLAIM TO THE
SPRATLY ISLANDS GROUP*
HAYDEE B. YORAC**
Introduction
The Philippines is a mid-ocean archipelago consisting of more than
7,100 islands some of which remain unnamed. The islands portion of the archipelago lies along iome 1,150 miles between the Pacific Ocean and the South China Sea. It is separated from Taiwan by the Bashi Channel, from Indonesia by the Celebes Sea,. from North Borneo (Sabah) by narrow passages, channels and straits, from the Asian mainland by the South China
Sea and from the Trust Territory of the Pacific Island by the Philippine
Sea which is an arm of the Pacific Ocean.1
As such mid-ocean archipelago, some of its islands lie at a distance of more than twelve nautical miles from each other.2 For economic, fiscal, political, but more especially security reasons,] the Philippines has been sensitive to the question of what constitutes its island waters and maritime boundaries, and has consistently been assertive of claims relative to them.
It .therefore advances the notion of itself as an island-studded water with both land and water forming a composite and integral unity making up territory.4 The legal foundations of such claims are recognition by treaty,S devolution of treaty rights,6 and historic title.7
Accordingly, since its first opportunity to officially define its national territory, the Philippines has consistently claimed boundaries that cover expanses of water greater than those traditionally recognized by inter-
* This article is part of a larger technical work in progress, which will focus on claims to territory and problems of delimitation of maritime boundaries in international law as regards the Philippine claim to the Spratly group.
** Professorial Lecturer, U.P. College of Law and Senior Law Researcher, U.P.
Law Center.
1 Ridao, The Philippine Claim to Internal Waters and Territorial Sea: An Appraisal,
PHIL. YR.BK. INT'L. L..57, 58-60 (1974). See 'map on the preceding page.
2
SPRATLY ISLANDS GROUP*
HAYDEE B. YORAC**
Introduction
The Philippines is a mid-ocean archipelago consisting of more than
7,100 islands some of which remain unnamed. The islands portion of the archipelago lies along iome 1,150 miles between the Pacific Ocean and the South China Sea. It is separated from Taiwan by the Bashi Channel, from Indonesia by the Celebes Sea,. from North Borneo (Sabah) by narrow passages, channels and straits, from the Asian mainland by the South China
Sea and from the Trust Territory of the Pacific Island by the Philippine
Sea which is an arm of the Pacific Ocean.1
As such mid-ocean archipelago, some of its islands lie at a distance of more than twelve nautical miles from each other.2 For economic, fiscal, political, but more especially security reasons,] the Philippines has been sensitive to the question of what constitutes its island waters and maritime boundaries, and has consistently been assertive of claims relative to them.
It .therefore advances the notion of itself as an island-studded water with both land and water forming a composite and integral unity making up territory.4 The legal foundations of such claims are recognition by treaty,S devolution of treaty rights,6 and historic title.7
Accordingly, since its first opportunity to officially define its national territory, the Philippines has consistently claimed boundaries that cover expanses of water greater than those traditionally recognized by inter-
* This article is part of a larger technical work in progress, which will focus on claims to territory and problems of delimitation of maritime boundaries in international law as regards the Philippine claim to the Spratly group.
** Professorial Lecturer, U.P. College of Law and Senior Law Researcher, U.P.
Law Center.
1 Ridao, The Philippine Claim to Internal Waters and Territorial Sea: An Appraisal,
PHIL. YR.BK. INT'L. L..57, 58-60 (1974). See 'map on the preceding page.
2