Revisiting the 3-Mile Doctrine: Its Relevance in the Philippines

The 3-mile doctrine, an outdated concept in international maritime law, has been replaced by the United Nations Convention on the Law of the Sea (UNCLOS), particularly in the context of the Philippines. This article explores the applicability of the 3-mile doctrine in the Philippines and the current legal framework governing its territorial waters.

The Historical Context of the 3-Mile Doctrine

The 3-mile doctrine, rooted in early maritime powers such as Spain and the United States, originally defined the extent of a nation’s territorial sea. However, due to the limitations of early navigational and cartographic techniques, the 3-mile limit was often practical for setting clear maritime boundaries. As maritime technology advanced, this doctrine became increasingly obsolete.

UNCLOS and the 12-Nautical-Mile Territorial Sea

The Philippines, like many countries, became a signatory to the United Nations Convention on the Law of the Sea (UNCLOS) in 1982. Article 15 of UNCLOS states that a nation’s territorial sea extends up to 12 nautical miles from its baseline. The Philippines officially adopted this concept, replacing the 3-mile doctrine with a modern and internationally recognized legal framework.

The Philippine Archipelagic Baseline Law (RA 9522)

The Philippine Archipelagic Baseline Law (Republic Act No. 9522), enacted in 2009, further clarified the country's maritime boundaries. This law, in effect, defines a specific baseline system that encompasses the substantial islands of the Philippine Archipelago. According to this law, 101 outermost points of the outermost islands were interconnected to form a baseline system that would enclose the entire archipelago.

Implications and Practical Applications

The significance of this new baseline system cannot be overstated. It extends the Philippine territorial waters to 12 nautical miles, ensuring that the Philippines can effectively govern and control its maritime resources. This new framework not only aligns with international standards but also provides a clear and definitive basis for maritime claims and governance.

The Luzon Island Example

Luzon Island, being the largest and most populous island in the Philippines, serves as a key example in understanding this new framework. The Luzon shelf, which extends beyond the 12-mile limit, has become increasingly important in recent years due to its rich natural resources. The new baseline system ensures that the Philippines maintains sovereignty over these resources, contributing to the country's economic development.

Conclusion

The 3-mile doctrine, while historically significant, is no longer applicable to the Philippines. With the ratification of UNCLOS and the implementation of the Philippine Archipelagic Baseline Law, the country now operates under a robust and internationally recognized legal framework. This not only ensures effective governance and resource management but also strengthens the Philippines' position in international maritime law.

References

1. United Nations Convention on the Law of the Sea (UNCLOS) - _ 2. Republic Act No. 9522 - 3. Philippine Ministry of Foreign Affairs -

Image: Philippine Archipelagic Baseline