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The petitioners theorise that this constitutional definition trumps any treaty or statutory provision denying the Philippines sovereign control over waters, beyond the territorial sea recognised at the time of the Treaty of Paris, that Spain supposedly ceded to the United States.
2 Three colonial treaties define the territorial boundaries of the Philippines: (1) Treaty of Peace between the United States of America and the Kingdom of Spain, U.S.-Spain, Dec. 10, 1898, T.S. No. 343 [Hereinafter referred to as Treaty of Paris]; (2) Treaty between the Kingdom of Spain and the United States of America for Cession of Outlying ...
The Case. This original action for the writs of certiorari and prohibition assails the constitutionality of Republic Act No. 9522 1 (RA 9522) adjusting the country’s archipelagic baselines and classifying the baseline regime of nearby territories. The Antecedents.
- Treaty Interpretation
- Conflict with The Law of The Sea Convention
- Status in Customary International Law
- Opposition and Acquiescence by Other States
- Opinion of Publicists
The title of the Philippines to its territory is supported, in the first instance, by three treaties: first, the Treaty of Paris between Spain and the United States of 10 December 1898; second, the Treaty of Washington between the United and Spain of 7 November 1900; and lastly, the treaty concluded between the United States and Great Britain on 2 ...
The position of the Philippines with respect to its treatment of the Treaty of Paris lines as the limits of its territory and the domestic status of the water these lines enclose pose two points of conflict with the LOSC. First, the Philippine Treaty Limits encloses a territorial sea beyond the maximum allowed under the LOSC (Chan-Gonzaga 1997, p. ...
The title of the Philippines which can be traced from Spain initially and subsequently the United States, and since independence, of the Philippines is also sustained by considerations of customary international law. The Philippine Treaty Limits historic claim is principally founded on the premise that its longstanding declaration and assertion and...
The opposition and acquiescence of other States are important in determining the validity of the Philippine claim. In international law, for acquisition of title to be valid, the exercise authority of the claimant State must be must be accompanied by acquiescence by all other interested States. The acquiescence of a State may be express as well as ...
The rules of international law can be determined from a variety of sources (Degan 1997; Kammerhofer 2004; Sherman 1921). Article 38 of the ICJ Statute provides that in arriving at its decisions the Court shall apply international conventions, international custom, the “general principles of law recognized by civilized nations” and the “the teaching...
- Lowell B. Bautista
- lowellbautista@gmail.com
- 2010
Feb 28, 2022 · This comprehensive jurisprudential, statutory, and constitutional analysis aims to show how, and to what degree, Philippine legal culture and history reflect a continuing deep engagement with international law, in ways that are certainly unique to the Philippines’ evolving political ideologies, colonial and postcolonial history, treatment ...
The Philippine Treaty Limits are almost universally contested and seemingly irreconcilable with conventional and customary international law. This paper will clarify the historical context, extent, and basis of the Philippine Treaty Limits. The international legal status of the Philippine
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Does Philippine sovereignty Trump the Treaty of Paris?
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It is intended to assist students, researchers, media practitioners, non-specialist members of the civil service, as well as the general public, in deepening their understanding of the many different issues of the West Philippine Sea disputes.
