Establishing An Exclusive Economic Zone And For Other Purposes

Case Overview and Summary

Establishment of Exclusive Economic Zone (EEZ) of the Philippines

- Section 1: Establishes the EEZ extending 200 nautical miles from the baselines of the territorial sea; boundaries with neighboring states to be determined by agreement or international law.

- Section 2: Within the EEZ, the Philippines has:
• Sovereignty rights for exploration, exploitation, conservation and management of natural resources (living or non-living, renewable or non-renewable) of the seabed, subsoil and superjacent waters, and for economic exploitation and exploration of resources like energy production from water, currents and winds. (Section 2a)
• Exclusive rights and jurisdiction over establishment and utilization of artificial islands, offshore terminals, installations and structures, preservation of marine environment including pollution prevention and control, and scientific research. (Section 2b)
• Other rights recognized by international law or state practice. (Section 2c)

- Section 3: Prohibits any person from engaging in the following activities within the EEZ without agreement or license from the Philippines:
• Exploring or exploiting any resources. (Section 3a)
• Carrying out any search, excavation or drilling operations. (Section 3b)
• Conducting any research. (Section 3c)
• Constructing, maintaining or operating any artificial island, offshore terminal, installation or other structure or device. (Section 3d)
• Performing any act or engaging in any activity contrary to or derogating from the sovereign rights and jurisdiction provided. (Section 3e)
This does not prohibit Filipino citizens from performing the above acts if allowed under existing laws.

- Section 4: Other states enjoy freedoms of navigation, overflight, laying of submarine cables and pipelines, and other internationally lawful uses of the sea relating to navigation and communications within the EEZ.

- Section 5: The President may authorize the appropriate government office/agency to make and promulgate rules and regulations for carrying out the purposes of this decree. Any violation is subject to a fine of not less than ₱2,000 nor more than ₱100,000 or imprisonment ranging from 6 months to 10 years, or both, and seizure and forfeiture of vessels and equipment used. (Section 5a, 5b)

- Section 6: This decree takes effect 30 days after publication in the Official Gazette.