C. Archipelagic Sea Lanes (UNCLOS, Arts. 53–54; RA 12065)

Archipelagic Sea Lanes (UNCLOS, Arts. 53–54; RA 12065)

Concept

Archipelagic sea lanes passage is navigation and overflight by foreign ships and aircraft through or over archipelagic waters and the adjacent territorial sea. Under UNCLOS, it is exercised in the normal mode solely for continuous, expeditious, and unobstructed transit between one part of the high seas or an exclusive economic zone (EEZ) and another. (Art. 53, UNCLOS)¹

Governing provisions

UNCLOS Article 53 permits an archipelagic State to designate sea lanes and air routes above them for this passage. All ships and aircraft enjoy the right of passage in those sea lanes and air routes. Republic Act No. 12065 governs its exercise by foreign ships and aircraft through established and designated Philippine archipelagic sea lanes and air routes. (Art. 53, UNCLOS)¹ (Sec. 3, Rep. Act No. 12065)²

Requisites / Rules

• Route and purpose. Passage connects one part of the high seas or an EEZ with another such part. Its purpose must be continuous, expeditious, and unobstructed transit, rather than an unrelated use of the route. (Art. 53, UNCLOS)¹
• Coverage of designated routes. Sea lanes and air routes traverse archipelagic waters and the adjacent territorial sea. They include normal routes for international navigation or overflight and, for ships, normal navigational channels within those routes; routes of similar convenience between the same entry and exit points need not be duplicated. (Art. 53, UNCLOS)¹
• Route identification. UNCLOS describes continuous axis lines from entry to exit points. Republic Act No. 12065 calls for continuous axis lines and specific coordinates drawn over archipelagic waters. (Art. 53, UNCLOS)¹ (Sec. 5, Rep. Act No. 12065)³
• Conduct. Foreign ships and aircraft exercising the right must not threaten or use force against Philippine sovereignty, territorial integrity, or political independence, or otherwise act contrary to the principles of international law embodied in the United Nations Charter. (Sec. 14, Rep. Act No. 12065)⁴

Distinctions

The sea lane is the passage route; the corresponding air route is above it. The right covers ships navigating and aircraft overflying through or over the specified waters. It is not a rule defining the breadth of a maritime zone. (Art. 53, UNCLOS)¹ (Sec. 5, Rep. Act No. 12065)³

Key doctrines

Designation organizes the exercise of passage along sea lanes and air routes. Under Republic Act No. 12065, the right is exercised through a sea lane, or the air route above it, established and designated for that purpose. The Act also expressly addresses passage before designation is complete. (Sec. 5, Rep. Act No. 12065)³ (Sec. 3, Rep. Act No. 12065)²

Exceptions

Pending establishment and designation of archipelagic sea lanes and air routes, ships and aircraft passing through routes normally used for international navigation and overflight must still comply with Republic Act No. 12065. The absence of a designated route therefore does not place such passage outside the Act. (Sec. 3, Rep. Act No. 12065)²

Bar tip

Identify the entry and exit areas, the route used, and whether designation is complete. Then assess the purpose and manner of transit and the prohibition on threats or force. (Art. 53, UNCLOS)¹ (Sec. 3, Rep. Act No. 12065)² (Sec. 14, Rep. Act No. 12065)⁴