8. It refers to the air space above
the territorial lands and waters
of the Philippines but excluding
the outer space.
9. *a. – the constitutional
provision on aerial domain is an
affirmation of the generally
accepted principle of international
law found in the international
Convention of Civil Aviation also
known as the Chicago Convention
where it established the principle
that states have the complete and
exclusive sovereignty over the air
10. 1. Freedom to fly across the territory without landing;
2. Freedom to land for non-traffic purposes
3. freedom to put down passengers, mail, and cargo
on the territory of the state whose nationality
aircraft possesses.
4. freedom to take on passengers, mail and cargo
destined for the territory of any other contracting
state; and
5. freedom to put down passengers, mail and cargo
from any such territory.
11. “the privilege to bring passengers and cargo
from one country to the airline’s home country
and then transit them to a third country and vice
versa.”
- On September 26, 200 the Philippines entered
into a new aviation agreement with Taiwan,
which include the sixth air freedom.
12. *b. Outer Space- Outer space is
beyond the territorial sphere of state.
Thus, an orbiting satellite owned by a
state which is directly above the
territory of another state but outside
the pull of the earths gravity, does not
offend the territorial integrity of the
latter state.
13. It refers to internal or
national waters and external
or territorial waters, over
which the Philippines
exercises jurisdiction.
16. a.2 Archipelagic Waters under
International Law
The convention of the law of the Sea
recognizes the archipelago doctrine.
However waters within the archipelagic line
are not considered internal waters but
archipelagic waters. The term “archipelagic
waters” is a new concept under the
international law. A foreign merchant vessel
is not allowed to enter the archipelagic
waters of a state without its concept except
in the exercise of right of involuntary
17. – right
of any foreign merchant vessel to navigate
through the territorial waters of a state for
purposes of traversing that sea without
entering internal waters, making for the
high seas from internal waters, as long as
it is not prejudicial to the peace, good
order or security of the coastal state.
18. is the right of any foreign
merchant vessel to enter the territorial
waters of a state in case of emergency
such as lack of provisions,
unseaworthtiness of the vessel, inclement
weather, pursuit of pirates, or other force
majeure.
19. Exclusive Economic
Zone- exclusive right to
explore natural resources
Internal Waters- no right of
involuntary entrance or
innocent passage
External Waters-
right of involuntary
entrance/ right of
innocent passage
Archipelagic Waters- no right of innocent
passage but with right of involuntary entrance
Contiguous Zone-
control necessary to
prevent and punish
infringement of its custom
fiscal, immigration or
sanitary regulation.
High Seas- Free
to everybody
common to all
mankind
External Waters
Contiguous Zone (12
miles from outer limits of
external waters)
Exclusive
Economic
Zone
20. b. External or Territorial Waters or
Maritime Zone
Maritime zone refers to all waters seaward to a
line twelve (12) nautical miles (Twelve-Mile Limit
Rule) distant from the archipelagic baseline
over which the Philippines exercise jurisdiction.
These waters are located between the
archipelagic water and the territorial lands of the
Philippines, and the open sea or international
waters. Foreign merchant vessel can exercise
both rights of innocent passage and involuntary
entrance in the external waters of the
Philippines.
21. c. Twelve-Mile Contiguous Zone
It refers to all waters seaward to a line
twelve (12) nautical miles distant from the
outer limits of territorial waters, under
which the Philippines has control
necessary to prevent infringement of its
customs, fiscal, immigration or sanitary
regulations and punish infringement of
above regulations committed in its territory.
22. d. Two Hundred-Mile Exclusive
Economic Zone
It refers to the area beyond and adjacent to the
territorial sea, not to exceed 200 nautical miles
from the baseline (archipelagic line), where the
Philippines has an exclusive right to explore and
exploit natural resources found therein and
limited jurisdiction over matters involving
customs, fiscal, health, safety and immigration
laws and regulations.
23. e. International Waters, High
seas or Open Seas
It refers to the portion of the ocean, which
is beyond the territorial jurisdiction of any
country. Since antiquity up to the Middle
ages, it has been an accepted principle
thus the open sea is free to everybody
and like air it is common to all mankind.