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National Territory and Benham Rise Insights

The document discusses territorial disputes involving the Philippines. It notes that Article 1 of the 1987 Philippine Constitution defines the country's national territory. It expresses sadness over ongoing disputes with China over the West Philippine Sea, which is rich in natural resources. It also discusses another territorial dispute at the UN regarding Benham Rise, where the Philippines provided evidence to the UN Convention on the Law of the Sea to have it included as Philippine territory.

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Katie Moree
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0% found this document useful (0 votes)
81 views1 page

National Territory and Benham Rise Insights

The document discusses territorial disputes involving the Philippines. It notes that Article 1 of the 1987 Philippine Constitution defines the country's national territory. It expresses sadness over ongoing disputes with China over the West Philippine Sea, which is rich in natural resources. It also discusses another territorial dispute at the UN regarding Benham Rise, where the Philippines provided evidence to the UN Convention on the Law of the Sea to have it included as Philippine territory.

Uploaded by

Katie Moree
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Reflection Paper

Article 1 of the 1987 Philippine Constitution states that “The national territory comprises
of the Philippine Archipelago, with all the islands and waters embraced therein, and all
other territories over which the Philippines has sovereignty or jurisdiction, consisting of its
terrestrial, fluvial, and aerial domains, including its territorial sea, the sea bed, the subsoil,
the insular shells, and other submarine areas. The waters around, between and connecting
the islands of the archipelago, regardless of their breadth and dimensions, form part of the
internal waters of the Philippines.”

It fascinates me that we have an article in our constitution stating the importance of our
territories. It simply saddens me that the Philippines and China are still at odds over the
West Sea. We are all aware that the West Philippine Sea is abundant in minerals, fishery
resources, marine resources, and other natural resources. That is why China is attempting
to take over the West Philippine Sea from us.

There is another territorial dispute at the UN, about the Benham Rise. The Philippines filed
a "partial territorial waters claim" with the United Nations Commission on the Limits of the
Continental Shelf on April 8, 2009. The government also provided evidence, such as R.A.
9522, often known as the Archipelagic Baselines Law. In April of 2012, the United Nations
Convention on the Law of the Sea (UNCLOS) decided to include the Philippines' territory,
The Benham Rise.
To conclude, I am extremely pleased that our country, the Philippines, would do everything
possible to ensure that we have the capacity to care for what belongs to our nation.

Common questions

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Controlling territories like the West Philippine Sea and Benham Rise could yield immense economic benefits for the Philippines through exploitation of abundant minerals, fisheries, and marine resources. These areas offer opportunities for boosting national revenue, enhancing food security through fishing rights, and increasing energy independence by tapping underwater mineral reserves, ultimately contributing to national economic growth and stability .

The Archipelagic Baselines Law (R.A. 9522) supports the Philippines' territorial claims by establishing the baselines used to delineate the country's archipelagic waters and territorial sea. This law was part of the evidence submitted to the United Nations when filing a claim to include the Benham Rise under Philippine sovereignty, showing its utility in reinforcing the nation's maritime boundaries in accordance with international law .

The conflict illustrates that international disputes over natural resources often involve strategic, economic, and territorial interests. The West Philippine Sea's resource richness makes it a contentious area, showcasing how nations prioritize economic interests in claiming areas endowed with valuable resources. Competition for these assets can strain diplomatic relations, necessitating international legal frameworks like UNCLOS to manage and ideally resolve such disputes peacefully .

The West Philippine Sea, a resource-rich area, highlights its strategic importance to the Philippines due to its abundance in minerals, fisheries, and other marine resources . The ongoing disputes with China underscore this importance, as control over these territories influences access to these resources and impacts national security and economic interests .

Article 1 of the 1987 Philippine Constitution defines the national territory as the Philippine Archipelago, including all islands and waters. It comprises terrestrial, fluvial, and aerial domains, territorial sea, the sea bed, the subsoil, insular shells, and other submarine areas. The waters around, between, and connecting the islands are part of the internal waters of the Philippines . These delineations are significant in international disputes as they provide a legal basis for claims over maritime regions rich in resources, such as the West Philippine Sea, and these claims are crucial in conflicts over sovereignty with other nations, notably China .

The Philippines demonstrates adherence to international norms by using legal avenues such as the United Nations framework to file claims and resolve disputes, as seen in its handling of the Benham Rise issue through UNCLOS. This approach not only legitimizes its claims but also aligns with global standards of resolving disputes diplomatically, highlighting a commitment to peaceful and lawful assertion of territorial rights .

The Philippines' determination to protect its territories reflects a commitment to maintaining national sovereignty, which is crucial for asserting its authority and control over its geographical domain. This determination is integral to preserving national identity, as territorial integrity is often tied to cultural and historical legacies. Furthermore, successful defense against external claims can reinforce national pride and unity, emphasizing the importance of safeguarding what is considered inherent to the nation's existence and prosperity .

The Constitution's explicit territorial definitions provide a clear basis for policies that seek to protect and enforce these boundaries. These definitions guide the formulation of maritime policies by outlining legal claims over waters and territories, influencing everything from national defense strategies to resource management and international diplomacy related to maritime issues .

The successful claim over Benham Rise could set a precedent for future disputes, providing a model on how to effectively leverage international law to affirm territorial claims. It may empower the Philippines in negotiations with other countries, encourage stronger maritime governance, and bolster its stance in other conflicting areas, such as the West Philippine Sea. This victory underscores the strategic use of legal frameworks in asserting and gaining international recognition of sovereignty .

UNCLOS plays a significant role in resolving territorial disputes such as the Benham Rise by providing a legal framework for maritime boundary claims. The Philippines' filing of a 'partial territorial waters claim' under UNCLOS led to its decision to include the Benham Rise as part of the country's territory, demonstrating the Convention's influence in legitimizing and recognizing national claims on continental shelves .

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