Archipelagic matters: The case of the United Nations Convention on the Law of the Sea and the Republic of the Philippines.

摘要

The United Nations Convention on the Law of the Sea (UNCLOS) contained a specific section for "Archipelagic States" (Part IV) which are given many rights under the archipelagic regime including, if desired, to designate archipelagic sea lanes (ASLs) through their archipelagic waters. While designation of ASLs is optional, regardless of ASL status, the right of archipelagic sea lane passage (ASLP) for all maritime users is guaranteed. This thesis examines the case of the Republic of the Philippines in designating ASLs and the influences impacting this process at the state and international levels.;This thesis argues that the process of adoption of archipelagic sea lanes by mid-ocean archipelagic states is one which favours the maritime powers over the archipelagic states. Further, in relation to the Philippine case, the efforts of the Republic of the Philippines in repeating some actions undertaken by Indonesia during its case, will strengthen the international system bias and end in a result which will be the by-product of interests other than that of the Philippine state.