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L. Bautista, 'Philippine territorial boundaries: internal tensions, colonial baggage, ambivalent conformity' (2011) 16 (December) Journal of Southeast Asian Studies 35-53. Research Online is the open access institutional repository for the University of Wollongong. For further information contact the UOW Library: research-pubs@uow.edu.au.
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
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The international legal status of the Philippine Treaty Limits, which is a far more complex issue, will not be covered in this paper. This paper is in four parts. Part I discusses the international legal norm of territorial integrity and provides a brief outline of the development of the Philippines as a nation-state.
- 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
Dec 29, 2011 · The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines that the limits of its national territory are the boundaries laid down in the 1898 Treaty ...
- Lowell B. Bautista
- 2011
Sep 22, 2009 · Abstract. The Philippines, on the basis of historic right of title, claims that its territorial sea extends to the limits set forth in the colonial treaties, which define the extent of the archipelago at the time it was ceded from Spain to the U.S. in 1898. The line drawn around the archipelago marks the outer limits of the historic territorial ...
Dec 29, 2011 · The territorial boundaries of the Philippines, inherited from Spain and the United States in 1898, are disputed in international law. The boundaries of the Philippines are not recognised by the international community for two principal reasons: first, because of the fundamental position of the Philippines that the limits of its national territory are the boundaries laid down in the 1898 Treaty ...
