Changeset: 34479455
Remove boundary typology from the Philippines treaty lines and Kalayaan claim lines
Closed by seav
Tags
created_by | JOSM/1.5 (8800 en) |
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source | survey;Bing |
Discussion
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Comment from seav
I have removed the boundary tags from the Philippines treaty lines and Kalayaan claim lines to prevent confusion with the boundary based on the baseline defined by Republic Act No. 9522.
Based on the the text of the 3 treaties, the treaty lines were not meant to be actual boundaries but rather a "selection" polygon to encompass the islands of the Philippines.
Furthermore, the lines are erroneous because they encompass Miangas Island which has been shown to be under Indonesia's jurisdiction as a result of international arbitration (see "Island of Palmas Case").
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Comment from schadow1
How can we present the Kalayaan Group as mentioned on RA9522?
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Comment from seav
The Kalayaan Island are defined as a "regime of islands" in RA9522. Based on UNCLOS, this means that they automatically get a 12 nautical-mile territorial water, 24 nautical-mile contiguous zone, and a 200 nautical-mile EEZ (but only if the island is capable of sustaining habitation on its own).
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Comment from schadow1
So do we use UNCLOS or PD 1956 as suggested by RA9522. If UNCLOS should we draw a 12nm territorial waters around Thitu, etc similar to what is on Scarborough?
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Comment from seav
"Regime of Islands" is from UNCLOS so that is what should be followed[1]. So this is similar to Scarborough Shoal. (However, note that Scarborough Shoal's 12-nm line is wrong. It should only be drawn around the rocks that are above water at high tide, and not around the submerged reef.)
[1] http://www.un.org/depts/los/convention_agreements/texts/unclos/part8.htm
Ways (12)
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