Archipelagic Sea Lanes Passage And The Philippines Situation

Abstract

Declaring the country as a Particularly Sensitive Sea Area (PSSA) and instituting associated protective measures (APMs) to govern vessel transit in exercise of the right of archipelagic sea lanes (ASLs) passage and innocent passage would be a more practical arrangement in the Philippines for two reasons: 1) the entire archipelago is an ecosystem or eco-region by itself with delicate and rich marine biodiversity, and 2) the Philippines archipelago is composed of very closely-grouped islands such that practical application is impossible in regard to technical parameters under UNCLOS for designation of ASLs. This chapter focuses on the subject of the exercise by foreign vessels of the right of ASLs passage, a new and as yet undeveloped regime under UNCLOS. It briefly illustrates the Philippines' concern regarding the marine environment and the impact of shipping activities in its archipelagic waters. Keywords: archipelagic sea lanes (ASLs) passage; associated protective measures (APMs); foreign vessels; marine biodiversity; particularly sensitive sea area (PSSA); Philippines; UNCLOS