The Historical Background, Geographical Extent and Legal Bases of the Philippine Territorial Water Claim Lowell B. BAUTISTA* Australian National Centre for Ocean Resources and Security. Faculty of Law, University of Wollongong, Australia Abstract The Philippine territorial water claim is unique in international law. On the basis of historic right of title, the Philippines claims a rectangular territorial sea fully enclosing the entirety of the archipelago, which at some points exceed 12 nautical miles in breadth. The 1982 Law of the Sea Convention, which the Philippines signed and ratified, prescribes the maximum breadth of the territorial sea at 12 nautical miles. For this reason, the Philippine territorial sea claim has been criticized for being excessive. This paper will discuss and clarify the historical background, geographical extent, and legal bases of the Philippine territorial water claim. Keywords: Philippine territorial sea; Philippine treaty limits; law of the sea; territorial sea claim * This paper was submitted as a chapter in the author's Ph.D. dissertation in progress entitled: "The Legal Status of the Philippine Treaty Limits and Territorial Water Claim in International Law: National and International Legal Perspectives." The author wishes to thank his supervisors Professor Martin Tsamenyi and Dr. Clive Schofield for their helpful comments and I Made Andi Arsana for drawing the map depicting the Philippine national territory. Correspondence concerning this article should be addressed to the author at: The Australian National Centre for Ocean Resources and Security, Faculty of Law, University of Wollongong, NSW 2522, Australia. (Email: lowellbautista@gmail.com) The Journal of Comparative Asian Development, Vol. 8, No. 2 (Fall 2009) 365 Downloaded by [University of Wollongong] at 00:21 18 October 2013