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Philippine Bar review · Question

Practice question: Archipelagic Doctrine and Baselines (U.N. Convention on the Law of the Sea [UNCLOS], Arts. 46–50; RA 9522)

Essay Medium Jurisprudence

Practice question

A commentator argues that calling waters enclosed by Philippine archipelagic baselines “archipelagic waters” under UNCLOS necessarily means the Philippines has lost sovereignty over them. Assess this claim, including the relevance of passage rights.

Legal references

  • UNCLOS, Articles 46–50, especially Article 47 (archipelagic baselines): https://www.un.org/depts/los/convention_agreements/texts/unclos/part4.htm
  • Magallona v. Ermita, G.R. No. 187167, August 16, 2011, main decision, maritime baselines and regime of islands: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/29267

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