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Qwhataretheprincipalfunctionsoftheicj a 1 2

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Unformatted text preview: 1, UNCLOS) Q: Does the coastal state have the sovereignty over its internal waters? A: Yes, as if internal waters were part of its land territory. (Magallona, 2005; Article 50, UNCLOS) Q: Is there a right of innocent passage through internal waters? A: GR: No, it applies only to territorial sea and the archipelagic waters (Magallona, 2005; Article8[2], UNCLOS) XPN: A coastal state may extend its internal waters by applying the straight baseline method in such a way as to enclose as its internal waters areas which are previously part of the territorial sea. It also applies to straits used for international navigation converted into internal waters by applying the straight baselines method. Thus, the right of innocent passage continues to exist in the “extended” internal waters. (Magallona, 2005; Article 8[2], UNCLOS) 4. Territorial Sea Q: What is the breadth of the territorial sea? A: Every State has the right to establish the breadth of the territorial sea up to a limit not exceeding 12 nautical miles, measured from baselines. (Article 3, UNCLOS) Q: What is the outer limit of the territorial sea? A: It is the line every point of which is at a distance from the nearest point of the baseline equal to the breadth of the territorial sea. (Article 4, UNCLOS) Q: Distinguish briefly but clearly between the territorial sea and the internal waters of the Philippines. A: Territorial water is defined by historic right or treaty limits while internal water is defined by the POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. PUBLIC INTERNATIONAL LAW archipelago doctrine. The territorial waters, as defined in the Convention on the Law...
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