UP FORUM Volume 14 No. 2 March-April 2013 3
Sen. Antonio Trillanes on Protecting Philippine Territory Sen. Antonio "Sonny" F. Trillanes IV
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n an interview with the UP FORUM, Sen. Antonio Trillanes shares his views on the issue of protecting Philippine territory. His discussion tackles the roots of the problem, the basis of our territorial claim over Panatag Shoal and Spratlys Islands, elevating the issue of the West Philippine Sea to the International Court of Justice (ICJ), and options for the Philippines in safeguarding our territory. On the problems affecting Philippine territory, Senator Trillanes said that these are rooted inthe scarcity of resources which is forcing other claimant countries to try to expand their territories; and the failure of the past administrations to clearly define our own national territory. According to Trillanes, the basis of our territorial claim over Panatag Shoal and Spratly Islands is Republic Act 9522 or the Philippine Archipelagic Baselines Law which was passed in 2009 in compliance with the provisions of the United Nations Convention on the Law of the Sea (UNCLOS). He said that invoking the UNCLOS is not enough to protect our territorial claims. While international law can be used politically to pressure nations, it has no power to compel the said nations to abide by it. In this regard, we need to have a credible defense posture to protect our own maritime interests and territorial claims.
"For now, I think we should defer to the wisdom of the Administration for choosing the International Tribunal for the Law of the Sea (ITLOS) as the avenue for presenting its case as regards the West Philippine Sea. The President is the sole source of foreign policy and it is articulated through the Department of Foreign Affairs. Whatever foreign policy they come up with, let us assume that they have done their homework and we should unite behind such policy pronouncement," Trillanes said. To safeguard our territories, Trillanes is recommending the following measures: A. Modernize the Navy and Coast Guard. Logically, the next step after having firmly Photo from Sen. Trillanes' website, http://www.trillanes.com.ph/gallery/photo/session/ and clearly established our territory is to protect it. 2. Enact the Philippine Maritime Aside from the basic demands of w establish the archipelagic sea Zones Act which seeks to define the naval defense, we should increase lanes in the Philippine archipemaritime zones of the country. our capability for maritime law lagic waters; -------------------enforcement operations. w prescribe the rights and obliSen. Trillanes earned his Master of B. Invest heavily on marine scientific gations of foreign ships and Public Administration, major in Public research and exploration of the EEZ aircraft exercising the right of Policy and Program Management, and continental shelf. archipelagic sea lanes passage from the UP National College of Public C. Comply with the other UNCLOS through the established archipeAdministration and Governance. Email obligations of an archipelagic State. lagic sea lanes; and him at senateoffice@trillanes.com.ph or 1. Enact the Philippine Archipelagic w provide for the associated prosenate.office.trillanes@gmail.com. Sea Lanes Act which seeks to-tective measures therein.
PHILIPPINE TERRITORY AND THE UN CONVENTION ON THE LAW OF THE SEA... continued from page 2 Since it can be shown how the UNCLOS violates the Constitution, may the Annex of the Batasan resolution restrict the legality of the UNCLOS as a treaty in domestic law? Magallona added that if the Philippines moves to denounce or terminate the UNCLOS, still its main benefits would accrue to the Philippines as general international law. This pertains, for example, to the exclusive economic zone and the continental shelf. Magallona is of the view that the enactment of the New Baseline Law in Republic Act No. 9522 dramatizes in one stroke the reor-
ganization of Philippine territory. When it established the straight archipelagic baselines, the new law formally assumes the status of an “archipelagic state” under Part IV of the UNCLOS. Consequently, all waters landward of those baselines are declared “archipelagic waters”, obviously at war with the Constitution proclaiming them as “internal waters”, i.e., “waters around, between, and connecting the islands of the archipelago regardless of their breadth and dimensions.” At the same time, Magallona added, the new law repeals the provisions of the old law defin-
The two photos, from left to right, are from http://untreaty.un.org/cod/avl/ha/uncls/photo10.html and http://www.un.org/Depts/los/convention_agreements/convention_20years.htm
ing Philippine territory pursuant to the Treaty of Paris. He concluded that by means of the new baseline law, the UNCLOS has replaced the Treaty of Paris as the legal basis of Philippine territory, consigning the latter to the “archives of historical memory.” Magallona became emotional in making it clear that under the Vienna Convention on the Law of Treaties, reflecting general international law, treaties establishing boundaries cannot be subject to “fundamental change of circumstances” and cannot be terminated for this reason. He stressed that what has happened
is the Philippine Government itself in effect “has terminated the Treaty of Paris by means of “fundamental change of circumstances,” which is impermissible in international law and in Philippine legal system.” --------------Prof. Magallona earned his Bachelor of Laws from the UP College of Law. He was UP Law dean in 1995-1999 and director of the Institute of International Legal Studies, UP Law Center, in 2000-2001. He was foreign affairs undersecretary from 2001 to 2002. He is currently professorial lecturer at the UP College of Law. Email him at forum@up.edu.ph.
Photo from Wiki Commons, http://commons.wikimedia.org/wiki/File:International_Court_of_Justice.jpg