The protection of cables and pipelines d the

the protection of cables and pipelines;
(d) the conservation of the living resources of the sea;
(e) the prevention of infringement of the fisheries laws and
regulations of the coastal State;
(f) the preservation of the environment of the coastal State and the
prevention, reduction and control of pollution thereof;
(g) marine scientific research and hydrographic surveys;
(h) the prevention of infringement of the customs, fiscal, immigration
or sanitary laws and regulations of the coastal State.
2. Such laws and regulations shall not apply to the design,
construction, manning or equipment of foreign ships unless they are
giving effect to generally accepted international rules or standards.
3. The coastal State shall give due publicity to all such laws and
regulations.
4. Foreign ships exercising the right of innocent passage through the
territorial sea shall comply with all such laws and regulations and all
generally accepted international regulations relating to the prevention of
collisions at sea.
43 The right of innocent passage through the territorial sea applies
only to ships and not to aircrafts (Article 17, UNCLOS III). The right of
innocent passage of aircrafts through the sovereign territory of a State
arises only under an international agreement. In contrast,
503
VOL. 655, AUGUST 16, 2011 503
Magallona vs. Ermita
rated in the corpus of Philippine law.
44
No modern State
can validly invoke its sovereignty to absolutely forbid
innocent passage that is exercised in accordance with
customary international law without risking retaliatory
measures from the international community.
The fact that for archipelagic States, their archipelagic
waters are subject to both the right of innocent passage and
sea lanes passage
45
does not place them in lesser footing
vis­à­vis continental coastal States which are subject, in
their territorial sea, to the right of innocent passage and
the right of transit passage through international straits.
The imposition of these passage rights through archipelagic

9/2/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 655
22/41
waters under UNCLOS III was a concession by
archipelagic States, in exchange for their right to claim all
the waters landward of their baselines, regardless of their
depth or distance from the coast, as archipelagic waters
subject to their territorial sovereignty. More importantly,
the recognition of archipelagic States’ archipelago and the
waters enclosed by their baselines as one cohesive entity
prevents the treatment of their islands as separate islands
under UNCLOS III.
46
Separate islands generate their own
maritime zones, placing the waters between islands
separated by more than 24 nautical miles be­
_______________
the right of innocent passage through archipelagic waters applies to
both ships and aircrafts (Article 53 (12), UNCLOS III).