Practice question
A foreign aircraft follows a designated air route above a Philippine archipelagic sea lane. To shorten its trip, it proposes to cross directly over an island that lies within twenty nautical miles of the lane’s axis. There is no force majeure or distress. It argues that being within the twenty-five-nautical-mile band is sufficient under RA 12065. Which answer is best?
- The argument succeeds because every place within that band is automatically open to overflight.
- The argument succeeds because all Philippine land becomes a sea lane when near an axis line.
- The argument succeeds if the flight lasts fewer than ten minutes.
- The argument fails because Section 13(b) separately prohibits traversing the airspace of any Philippine island or land territory even within the band.
- The argument fails because archipelagic sea lanes passage never includes aircraft.
Legal references
- Republic Act No. 12065, November 7, 2024, Philippine Archipelagic Sea Lanes Act: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/2/98029; Section 13(b).
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