Two articles for Philippine Government and Constitution - Prelim Requirement

INSTRUCTIONS:

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ARTICLE NO. 1

Title of the Article: THE PHILIPPINE TREATY LIMITS AND TERRITORIAL WATERS CLAIM IN INTERNATIONAL LAW

Author: Lowell B. Bautista

Publisher: Social Science Diliman

SOCIAL SCIENCE DILIMAN (January 2008-December 2009) 5:1-2, 107-127

What is Social Science Diliman?

As stated in their website, Social Science Diliman is “an internationally refereed semi-annual journal for the social sciences. It is bilingual (English and Filipino) and both disciplinal and multidisciplinary.” It is published by the Research Dissemination and Utilization Office of the Vice Chancellor for Research and Development of the University of the Philippines, Diliman, Quezon City.

Abstract:

The fundamental position of the Philippines regarding the extent of its territorial and maritime boundaries is based on two contentious premises: first, that the limits of its national territory are the boundaries laid down in the 1898 Treaty of Paris which ceded the Philippines from Spain to the United States; and second, that all the waters embraced within these imaginary lines are its territorial waters. The position of the Philippine Government is contested in the international community and runs against rules in the Law of the Sea Convention, which the Philippines signed and ratified. This situation poses two fundamental unresolved issues of conflict: first, is the issue on the breadth of its territorial sea, and second, its treatment of supposed archipelagic waters as internal waters. The twin issues of the legal status of the Philippine Treaty Limits and its extensive historic claims to territorial waters have been subject of much academic debate and serious criticisms. The delimitation of Philippine territorial and maritime boundaries in conformity with international law necessitates the reform of the existing national legal, policy and administrative framework to resolve fundamental issues of conflict between domestic legislation and international law. This paper, proceeding from both a national and an international legal perspective, aims to clarify the legal status of the Philippine Treaty Limits and territorial waters claim in international law.

ARTICLE NO. 2

Title of the Article: ELECTORAL POLITICS AND CONFRONTING THE CHALLENGE OF BASQUE AND MORO NATIONALISM

Author: Teresa S. Encarnacion Tadem

Publisher: Social Science Diliman

SOCIAL SCIENCE DILIMAN (January 2008-December 2009) 5:1-2, 107-127

What is Social Science Diliman?

As stated in their website, Social Science Diliman is “an internationally refereed semi-annual journal for the social sciences. It is bilingual (English and Filipino) and both disciplinal and multidisciplinary.” It is published by the Research Dissemination and Utilization Office of the Vice Chancellor for Research and Development of the University of the Philippines, Diliman, Quezon City.

Abstract:

This article explores the similarities and differences concerning the extent to which electoral politics addresses the concerns of Basque and Moro nationalism.  These demands mainly focus on the factors that have brought about their political, cultural and, for the Moros, also economic marginalization.  In terms of similarities, electoral politics in the form of plebiscites and referendums are used to gauge the sentiments of the Basques and the Moros with regards to approving a national constitution with provisions affecting them as well as the establishment of an autonomous region for the Moros and the strengthening of a federal form of government in the case of the Basques.  Elections are also used to choose their leaders at the local, provincial, regional and national levels.  As for the differences, among the major ones are the following:   One is that electoral politics in the Basque region mirrors the class divide in society and reflects the interests of the constituencies.  This is not the case in Muslim Mindanao whereby patronage politics rules and electoral results are generally dictated by the Muslim elites who have close ties with the national elites. And secondly, the ideological bias of the elected leader and his political power in Spain has a direct impact on Basque nationalism. In the case of the Philippines, it is the personality of the elected leader that determines whether peace negotiations will be pursued or not.  But this does not impact on national or local electoral politics as in the case of Spain.

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July 21, 2011 (Thursday), until 6:00 PM only for Thursday class 

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