Constitution: South China Sea and Territorial Sea

Topics: Philippines, Archipelago, Territorial waters Pages: 4 (1130 words) Published: December 7, 2012
Preamble of the 1987 Constitution
“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.” ARTICLE 1 NATIONAL TERRITORY

Section I: The National Territory comprises the Philippine Archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of t its terrestrial, fluvial, and aerial domains, including its territorial seas, 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. Necessity of Constitutional Provision on National Territory

1. Binding force of such provision under international law – There is no rule in international law which requires a State to define its territorial boundaries in its Constitution. The reason is that with or without such a provision, a State under international law has the unquestioned right to assert jurisdiction throughout the extent of its territory. 2. Value of provision defining our national territory – it is important to define as precisely as possible our national territory for the purpose of making known to the world the areas over which we assert title or ownership to avoid future conflicts with other nations. As sovereign state, the Philippines can promulgate and enforce laws within our country. Every power is excluded from exercising dominion or jurisdiction without the consent of the Philippines. International law...
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