Gerona, Mara Czareanah IV AB ISD FINAL EXAM

February 24, 2012 IS 114 Public International Law

1. Discuss the reservation/s made by the Philippines to the 1982 UN Convention on the Law of the Sea. Why was the reservation made and was there a protest against this made by another country? Based on the book Introduction to Public International Law by Joaquin Bernas, the Philippines made the following reservations:
1.

The signing of the Convention be the Government of the Republic of the Philippines shall nit in a nay manner impair of prejudice the sovereign rights of the Republic of the Philippines under and arising from the Constitution of the Philippines.

2.

Such signing shall not in any manner affect the sovereign rights of the Republic of the Philippines as successor to the United States of America, under and arising out of the Treat of Paris between Spain and the United States of America of December 10, 1988, and the Treaty of Washington between the United States of America and Great Britain of January 2, 1930.

3.

Such signing shall not diminish or in any manner affect the rights and obligations of the Contracting Parties under the Mutual Defense Treaty between the Philippines and the USA of August 20, 1951, and its related interpretative instruments; nor those under any pertinent

bilateral or multilateral treaty or agreement to which Philippines is a party;

4.

The provisions of the Convention on archipelagic passage through sea lanes do not nullify or impair the sovereignty of the Philippines as an archipelagic State over the sea lanes and do not deprive it of authority to enact legislation to protect its sovereignty, independence and insecurity;

5.

The concept of archipelagic waters is similar to the concept of internal waters under the Constitution of the Philippines, and removes straits connecting these waters with the economic zone of high sea from the rights of foreign vessels to transit passage for international navigation.

These reservations were made because the provision on archipelagic waters found in the 1982 UNCLOS conflicts with the claim of the Philippines in Article I of its Constitution. In Article 8(2) of the UNCLOS states that: Where the establishment of a straight baseline in accordance with the method set forth in Article 7 has the effect of enclosing as internal waters areas which had not previously been considered as such, a right of innocent passage as provided in this Convention shall exist in those waters. However, according to the Philippine Constitution, all waters connecting the islands are internal waters. The government of the Philippines was aware of the possible conflicts, hence they made the reservations. (Joaquin G. Bernas, 2009)

The Russian Federation made an objection or protest against the reservations made by the Philippines. Upon ratification on March 1997, it said that it objects to any declarations or statements made or will be made when signing, ratifying or acceding to the Convention with articles 309 and 310 in mind. The Russian Federations says that statements or declarations made cannot modify the legal effect of the provisions of the Convention. (Division for Ocean Affairs and the Law of the Sea , 2011) However, the going back to the reservation made by the Philippines, the reservation seems to be pointless because Article 8(2) of the UNCLOS already specifies that it pertains to internal waters areas which had not previously been considered as such and the Philippine Constitution was made before the Convention.

2. Enumerate all the constitutional provisions governing our countrys foreign policy. There are two provisions in the Philippine Constitution that are regarded as the most important in relation to the countrys foreign policy. They are Article II Section 2 and Article II Section 7 of the Philippine Constitution. Article II Section 2 states that: The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Article II Section 7 states that: The State shall pursue an independent foreign policy. In its relations with other states the paramount consideration shall be national sovereignty, territorial integrity, national interest, and the right to self-determination. Based on the article entitled Foreign Policy Under The 1987 Philippine Constitution, other provisions in the Philippine Constitution which govern the Philippine Foreign Policy are: Article II Section 8 states that: The Philippines, consistent with the national interest, adopts and pursues a policy of freedom from nuclear weapons in its territory. Article II Section 19: The State shall develop a self-reliant and independent national economy effectively controlled by Filipinos.

ARTICLE VII Section 21: No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all members of the Senate.

ARTICLE XII Section 13: The State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity.

ARTICLE XII Section 21: Foreign loans may only be incurred in accordance with law and the regulation of the monetary authority. Information on foreign loans obtained or guaranteed by the Government shall be made available to the public. To explain these provisions further, the Philippine Foreign Service Act or the

Republic Act No. 7157 is in line with this article from the Philippine Constitution. It commands the Department of Foreign Affairs to implement or put into action the pillars regarding Philippine Foreign Policy which are: the preservation and enhancement of national security, promotion and attainment of economic security, and the protection of the rights and promotion of the welfare and interest of Filipinos overseas. These three pillars cover the national sovereignty, territorial integrity, national interest, and the right to self-determination part of the Philippine Constitution. The President has also come up with eight foreign policy realities. The pillars must be addressed together with the eight realities and must be considered together. The eight realities also cover and explain how the the policy of peace,

equality, justice, freedom, cooperation, and amity with all nations from the Philippine Constitution may be exercised and implemented. These eight (8) pillars, according to the Department of Foreign Affairs are: 1. China, Japan and the United States and their relationship will be a determining influence in the security situation and economic evolution of East Asia. 2. Philippine foreign policy decisions have to be made in perspective of the ASEAN; 3. The international Islamic community will continue to be important to the Philippines. 4. The coming years will see the growing importance of multilateral and interregional organizations to promote common interests. 5. As an archipelagic state, the defense of the nations sovereignty and the protection of its environment and natural resources can be carried out only to the extent that it asserts its rights over the maritime territory and gets others to respect those rights. 6. The countrys economic policy will continue to be friendly to both domestic and foreign direct investments. 7. The Philippines can benefit most quickly from international tourism
8. Overseas Filipinos will continue to be recognized for their critical role in the

countrys economic and social stability. (Department of Foreign Affairs , 2009 )

References: Constitution of the Republic of the Philippines . (n.d.). Retrieved February 21, 2012, from http://www.concourt.am/armenian/legal_resources/world_constitutions/constit/philipin/ph ilip-e.htm Department of Foreign Affairs . (2009 , August 11). Philippine Foreign Policy . Retrieved February 21, 2012, from Department of Foreign Affairs : http://dfa.gov.ph/main/index.php/about-the-dfa/philippine-foreign-policy Division for Ocean Affairs and the Law of the Sea . (2011, July 12 ). Oceans and Law of the Sea: Declarations and Statements . Retrieved February 21, 2012, from UN.org : http://www.un.org/depts/los/convention_agreements/convention_declarations.htm#Phili ppines Understanding made upon signature (10 December 1982) and confirmed upon ratification Foreign Policy Under The 1987 Philippine Constitution. (2011, January 12). Retrieved February 21, 2012, from http://www.bukisa.com/articles/435779_foreign-policy-underthe-1987-philippine-constitution Joaquin G. Bernas, S. (2009). Introduction to Public International Law. In Chapter 3: The Law of Treaties (pp. 35-36). Quezon City : Ateneo de Manila University . United Nations Convention on the Law of the Sea. (n.d.). Retrieved February 21, 2012, from UN.org : http://www.un.org/depts/los/convention_agreements/texts/unclos/unclos_e.pdf